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  1. #1
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    Sep 2006
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    Niutech issue - complaint filed

    I signed up for a laptop on one of niutech's sites a month or so ago, fulfilled all my offers, and was shipped a laptop, which was flagrantly not in line with what was advertised. I called niutech for a resolution and was given the complete runaround.

    Here's the text of my complaint to the BBB:

    Quote Originally Posted by bbb complaint
    I signed up to receive a laptop on this site (http://www.consumerincentivepromotio...rd_p?&p=100729), which offers gifts in exchange for fulfilling a certain number of trial services with third party vendors.

    At the time I signed up, the site advertised a laptop, with an intel processor "up to 15" screen", and a value of $899, with no specific info as to model or other information.

    I called in to their customer service line to verify what they were promising, and was told that they could not give specific model info, because it changed occasionally, and they wouldn't guarantee a specific model. I was told they were currently shipping Sony Vaio computers, and that if I did not receive a Sony, my computer would still be valued at $899.

    The computer I received is an Acer Aspire 3050-1594, valued at $539 by Cnet.com (the most reputable technology review site). It had an AMD processor, rather than an intel processor, and is only a 14" screen.

    I called into customer service looking for a resolution to this issue and was told "the site says "up to" the values mentioned, and we will do nothing to fix your issue".

    My complaint is that their site mentions specific things, qualified by the phrase "up to", but what they deliver is not in line with the claims they make. This laptop is 59.95% of the value they mentioned, the screen is 1" smaller than they mention (which is usually an added cost of about $150), and the processor is the totally wrong manufacturer. I do not feel it is fair or ethical for a company to make grandiose claims, and then backpedal away from fulfilling those claims with the mere disclaimer of "up to".

    Suggested resolution: I would like Niutech to send me a laptop which actually fits the description their site mentioned, or alternatively, I'd accept the $350 difference between the value of what they sent, and the value they claimed on their site.

    Just thought I'd put it out there.. make sure you know EXACTLY what they're going to ship you, and don't accept "we don't know" for an answer.

    Also, anyone had issues like this with niutech before? What did they do to resolve it with you? and how did you go about handling it? I have done another offer with them that went flawlessly, but as mentioned, the items I was receiving were clearly described.

  2. #2
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    Oct 2005
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    62

    Re: Niutech issue - complaint filed

    Quote Originally Posted by badutahboy
    I signed up for a laptop on one of niutech's sites a month or so ago, fulfilled all my offers, and was shipped a laptop, which was flagrantly not in line with what was advertised. I called niutech for a resolution and was given the complete runaround.

    Here's the text of my complaint to the BBB:




    Just thought I'd put it out there.. make sure you know EXACTLY what they're going to ship you, and don't accept "we don't know" for an answer.

    Also, anyone had issues like this with niutech before? What did they do to resolve it with you? and how did you go about handling it? I have done another offer with them that went flawlessly, but as mentioned, the items I was receiving were clearly described.

    I normally try not to bite the hand that feeds me. :D I have gotten things from them that may not have been the newest items but for a few hours of my time and a few hundred dollars in purchases I feel that either a 600.00 laptop or a 900.00 laptop is just fine with me. I just think the more people complain the less likely this type of company will still be here in the future. Think of it where else can you do a few offers and get a free laptop???? :)

  3. #3
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    Apr 2006
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    278

    Re: Niutech issue - complaint filed

    Quote Originally Posted by badutahboy
    I signed up for a laptop on one of niutech's sites a month or so ago, fulfilled all my offers, and was shipped a laptop, which was flagrantly not in line with what was advertised. I called niutech for a resolution and was given the complete runaround.

    Here's the text of my complaint to the BBB:




    Just thought I'd put it out there.. make sure you know EXACTLY what they're going to ship you, and don't accept "we don't know" for an answer.

    Also, anyone had issues like this with niutech before? What did they do to resolve it with you? and how did you go about handling it? I have done another offer with them that went flawlessly, but as mentioned, the items I was receiving were clearly described.
    Their TnC and the voucher you sign says they can substitute a comparable gift at their discretion, You're lucky you got a >$500 laptop. Consumergain sends you a $500 check instead of the laptops they advertise. And NT gave me laptop that I sold for $500 on Ebay, so $500 is about the value of most basic, no-model-specified laptops.
    Last edited by stephaneos; 02-07-2007 at 02:02 AM.

  4. #4
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    Re: Niutech issue - complaint filed

    I'd have no problem with them if they didn't specifically state $899 on their home page. That's my main hangup. I'm not trying to bite the hand that feeds me, but that's flagrantly misleading bs. I'd have done a macbook pro for 8 more offers if I knew I'd be getting jerked like that.

  5. #5
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    Re: Niutech issue - complaint filed

    The price you got from Cnet has nothing to do with this. In fact, it has nothing to do with the purchase price of the gift, only the retail price (i.e. "list price up to: $899"). In fact, this will probably be the amount NT reports to the IRS.

    That "up to" phrase completely protects NT in this case, as does the comparable gift substitution clause in their TnC. On those grounds alone, your case can be dismissed, as NT has not contradicted it's TnC and they didn't commit false advertising (that damn "up to" crap). They are not legally obligated to do anything else (unless you really want to legally define "comparable gift"), so I think you are pretty much SOL.

  6. #6
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    Sep 2006
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    Re: Niutech issue - complaint filed

    Quote Originally Posted by clois5885
    The price you got from Cnet has nothing to do with this. In fact, it has nothing to do with the purchase price of the gift, only the retail price (i.e. "list price up to: $899"). In fact, this will probably be the amount NT reports to the IRS.

    That "up to" phrase completely protects NT in this case, as does the comparable gift substitution clause in their TnC. On those grounds alone, your case can be dismissed, as NT has not contradicted it's TnC and they didn't commit false advertising (that damn "up to" crap). They are not legally obligated to do anything else (unless you really want to legally define "comparable gift"), so I think you are pretty much SOL.

    Sorry, but you're wrong.. otherwise, any manufacturer could legitimately market a $39 DVD player as a $500 retail, simply because at one point, they sold it for that much.

    The Cnet value absolutely is legitimate, and my attorney's have informed me that if they advertise a value of "up to $899", their product MUST be legitimately within that range. If they can show that 4 weeks ago when I signed up, those machines were legitimately selling for $900, they're ok, but if they can't show that, they've violated their advertising. Advertising a number, then offering a product worth 40% less than that number is flagrantly false advertising. It's no different than if I advertised a vegas vacation worth "up to $1000", and then actually gave a $600 vacation. It's clear that the $1000 vacation would be of significantly better quality, and if I didn't make good on my claims, within reason, I'd be liable for the amount people signed up for.

    False advertising laws were created expressly for this reason. This is a simple case of bait and switch. When someone sees "Pentium processor, 15" screen, and a $899 value", they don't think "Acer"... they think "mid grade sony vaio".. In other words, they intentionally mislead me (particularly when I called and they TOLD ME they were shipping vaio's) into believing their product was better than it is.

  7. #7
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    Re: Niutech issue - complaint filed

    badutah, please keep us updated on this situation, like if they'll compensate you. I just did an NT for a similar laptop, and i hope they don't pull that on me.

  8. #8
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    Re: Niutech issue - complaint filed

    Quote Originally Posted by badutahboy
    ..... my attorney's have informed me that if they advertise a value of "up to $899", their product MUST be legitimately within that range......
    Range "up to $899" = range $0 to $899

    Hope you get what you want from them, but I wouldn't count on doing another NT gift under your name.
    Last edited by stephaneos; 02-07-2007 at 08:44 AM.

  9. #9
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    3

    Re: Niutech issue - complaint filed

    I had a similar situation last summer when I did a NT site for a PowerBook. It was 18 offers with a value of "up to $1,999" advertised on the site.

    They sent a MacBook which at the time was selling in the $1,200 range. I called and got the "we have the right to replace the gift" and "it says up to $1,999" runaround from customer service. I politely pointed out to them that according to their own TOS, they have the right to replace the gift "with another of similar value", not one that is worth several hundred dollars less.

    After some back and forth, the CS rep handed me off to speak to a manager in their fulfillment department who promised to look into the situation. The next day she called me back, had me pack up the MacBook and ship it back at their expense. A week later they sent me a MacBook Pro.

    My suggestion is to call back and be persistant about speaking to someone in the fulfillment department. They have the magic keys to fix your problem.

    HTH
    Last edited by mctrask; 02-07-2007 at 10:29 AM.

  10. #10
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    Oct 2006
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    Re: Niutech issue - complaint filed

    Quote Originally Posted by mctrask
    I had a similar situation last summer when I did a NT site for a PowerBook. It was 18 offers with a value of "up to $1,999" advertised on the site.

    They sent a MacBook which at the time was selling in the $1,200 range. I called and got the "we have the right to replace the gift" and "it says up to $1,999" runaround from customer service. I politely pointed out to them that according to their own TOS, they have the right to replace the gift "with another of similar value", not one that is worth several hundred dollars less.

    After some back and forth, the CS rep handed me off to speak to a manager in their fulfillment department who promised to look into the situation. The next day she called me back, had me pack up the MacBook and ship it back at their expense. A week later they sent me a MacBook Pro.

    My suggestion is to call back and be persistant about speaking to someone in the fulfillment department. They have the magic keys to fix your problem.

    HTH
    That's very good information, I'm doing the MacBook Pro 15.4" deal right now

  11. #11
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    Jan 2007
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    340

    Re: Niutech issue - complaint filed

    "your attorney"

    Your a retard. You got a legitimate and your crying.

  12. #12

    Re: Niutech issue - complaint filed

    Quote Originally Posted by badutahboy
    Sorry, but you're wrong.. otherwise, any manufacturer could legitimately market a $39 DVD player as a $500 retail, simply because at one point, they sold it for that much.

    The Cnet value absolutely is legitimate, and my attorney's have informed me that if they advertise a value of "up to $899", their product MUST be legitimately within that range. If they can show that 4 weeks ago when I signed up, those machines were legitimately selling for $900, they're ok, but if they can't show that, they've violated their advertising. Advertising a number, then offering a product worth 40% less than that number is flagrantly false advertising. It's no different than if I advertised a vegas vacation worth "up to $1000", and then actually gave a $600 vacation. It's clear that the $1000 vacation would be of significantly better quality, and if I didn't make good on my claims, within reason, I'd be liable for the amount people signed up for.

    False advertising laws were created expressly for this reason. This is a simple case of bait and switch. When someone sees "Pentium processor, 15" screen, and a $899 value", they don't think "Acer"... they think "mid grade sony vaio".. In other words, they intentionally mislead me (particularly when I called and they TOLD ME they were shipping vaio's) into believing their product was better than it is.
    im sorry for you because you are a complete idiot, do you know what "A VALUE UP TO" means. they didn't say what the low price only the high there for it can be anything from 0 to 899, o and thank you for make your progress at f*(King it up for everone else. maybe for know on you should only do giftcards there for they can screw you over plus you can get what you want

  13. #13
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    Feb 2006
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    103

    Re: Niutech issue - complaint filed

    Quote Originally Posted by badutahboy
    Sorry, but you're wrong.. otherwise, any manufacturer could legitimately market a $39 DVD player as a $500 retail, simply because at one point, they sold it for that much.
    Dude, the retail price has nothing to do with what they sold it for at one point. It is a suggested price set by the manufacturer of the product (MSRP = Manufacturer's Suggested Retail Price) and NT considers this to be the official value of the item in question (hence different from "street value" which is what the CNET price would be considered). In fact, manufacturers do legitimately market an item as a higher retail price than what you would see in most stores (remember, it is a suggested price). Here is an example: Toshiba RD-XS55 DVD Recorder, retail price of $699 (set by Toshiba), going price on CNET is $513-$613. The price set by Toshiba is the retail value of the recorder, and that is what NT will recognize (of course, they will try to find any seller who offers a lower price, but the price they pay does not affect the value of the gift). At some point, the retail price will be lowered by the manufacturer (usually after the release of a newer version of the product) and then you can say the value has depreciated.

    Now, do I think you got what you deserved, heck no. I completely agree with you that you got shafted on this gift. NT has made efforts in avoiding this type of mix up by including model numbers and/or more detailed specifications for a lot of their gifts. My only point is that you don't have much legal ground to work with. But, based on what others have said, you might be able to coerce them into giving you a replacement. Just know that the legal route will be difficult.

    PS. "List price up to: $899" = RETAIL price UP TO $899
    Last edited by clois5885; 02-08-2007 at 02:54 AM.

  14. #14
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    Dec 2006
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    Re: Niutech issue - complaint filed

    On one hand I agree and on the other I do not. You are right that they should hold up to what they say their going to do. If they wanna advertise a free Acer then do that. There is nothing wrong with a free Acer. But don't advertise a Sony or HP and then send somebody an Acer. I'd definately be pissed. Would I file a formal complaint??? No, but I'd be pissed.

    One thing that you're forgetting is that NuiTech has lots of sites to get free stuff from. You could easily do another offer such as a $1000 gift card and then get whatever you want. But now that you've filed a formal complaint, you're probably blacklisted from doing any of their sites again. Some guy had it right when he posted, "don't bite the hand that feeds you."

    We as americans are too sue happy. I am a lawyer and people contact me wanting to sue others for the most minimal things. I wouldn't exactly call your situation minimal but I would definatly not pursue a legal action. A) Because I don't think their terms and conditions equate to false advertising; and B) your remedy will be no more than a $200 difference. Which will turn into $-800 after you pay your attorney.

    Their terms and conditions clearly state that they may substitute. That is what they did. 99% of the Judges/Magistrates in the US will find that an inch screen difference is substantially the same product.
    Last edited by Cleaner; 02-08-2007 at 07:25 AM.

  15. #15
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    Jul 2006
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    59

    Re: Niutech issue - complaint filed

    Quote Originally Posted by badutahboy

    False advertising laws were created expressly for this reason. This is a simple case of bait and switch. When someone sees "Pentium processor, 15" screen, and a $899 value", they don't think "Acer"... they think "mid grade sony vaio".. In other words, they intentionally mislead me (particularly when I called and they TOLD ME they were shipping vaio's) into believing their product was better than it is.
    You are simply misinformed if you think "Pentium processor and 15" screen means a Sony vaio since there are many comapnies that make 15" laptops with pentium processors. What you think isn't important, its what the description says and here is the description on their site:

    Laptop
    Intel Technology Processor
    Crystal Clear LCD Screen up to 15"
    Play MP3’s and watch movies
    Take it with you anywhere
    Up to a $899 value

    Up to 15" just means the screen can be 15" less which includes 14". Same with up to a $899 value which means it can be $899 or less. The site makes no mention of brand so they can send out whatever brand they want. They are free to send out an Acer or a Sony Vaio if they like.
    Last edited by buckwheat; 02-08-2007 at 09:47 AM.

  16. #16
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    Jan 2007
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    340

    Re: Niutech issue - complaint filed

    Can someone lock this idiot out and stop people from even responding to him.

  17. 02-20-2007, 01:02 AM

    Reason
    isn't specific

  18. 02-20-2007, 01:08 AM

    Reason
    refreshed browser on other entry, ented up posting twice cuz site was down

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