Is Newegg gonna rip me off?

[tituswolf]

I ordered a 9800Np tuesday, when I ordered the card pictured, and still pictured on their webiste, was a stand 9800 card with the red pcb. i come home today and find my card here, open the box, and behold I have a 9800 with the black pcb, crappy cooling, and crappy memory. now i plan on returning this card because this is not the card that I planned on buying, but above the price for that card it says that there are no refunds and must be exchanged for the exact card... so what do you think the odds are that newegg with let me send the card back and get a more expensive card?

[lonewolfroger]

IMO, 0 to none, but you can try. BTW, they also I believe they have a disclaimer, about the picture might not represent what you get.

[tituswolf]

not on this item, i looked. there will be major helled raised over this, if would be different if they had that disclaimer, but they didn't and it is their responsibilty to update their website, prices and pictures, what they have done is false advertisement, and is rediculous.

they even tell you to look at the picture to see what you are getting... that aint what i got... hopefully they will work with me. all i want is to send it back and get a regular 9800 pro and be done with it.

[lonewolfroger]

Well, good luck then, the best I think you can hope for is a refund and them to not charge you a restocking fee.

[coolqf]

Originally posted by tituswolf
not on this item, i looked. there will be major helled raised over this, if would be different if they had that disclaimer, but they didn't and it is their responsibilty to update their website, prices and pictures, what they have done is false advertisement, and is rediculous.

they even tell you to look at the picture to see what you are getting... that aint what i got... hopefully they will work with me. i never even used the damn thing, all i want is to send it back and get a regular 9800 pro and be done with it.

I'm confused, you 1st stated that you were ordering a 9800np, and now you expect to receive the 9800pro (and be done with it)??

[tituswolf]

no, what i want is to return this card, and pay the difference for a 9800 pro.

[KaoTiK]

You don't have the right to raise hell over this, wanna know why?

Newegg:
Please note: due to manufacturer version updates, pictures may vary from the actual item. Newer versions of this item may be shipped before the picture shown is updated.

http://www.newegg.com/app/Showimage....102-292-03.JPG

You should know better than to rely on pictures. Ever heard the term, "Picture may vary from actual item"?

[tituswolf]

you are right, i did not see that. but still i hope they will work with me, its not like this is an equal version or better version than that pictured, this is definetely a lesser version and had i known this was the one offered i would never have ordered it.

and i will still raise hell over it, cause you wanna know why.. cause i live in america and we reserve the right to raise hell over whatever we want... anyway just because you make a disclaimer does not release you from liabilty especially where fraud is concerned, their advertisement lead to to reasonal expectation that the card offered was that shown on their website. they have had ample time sense to update said website and still have not. I think many people would like to know the card they are receiving is in no way related to that pictured. if this can not be resolved amicably then it is a good thing that i work for a lawyer and i will definetely pursue whatever legal options I have. once again i remind you that it is their perogative to update their website so that things like this do not happen. because of their lack of action i was induced to buy something that which otherwise i would not have bought, you must understand that our legal system does not release people from liabilty because they simpley make disclaimers, it is still their responsiblity and duty to make sure that consumers are fully aware of their purchase when they have the ability to do so. they had that opprotunity and did not do so.. hopefully they take responsibilty for this, because i have been a very loyal and lucrative patron of that site... lets hope

[KaoTiK]

Originally posted by tituswolf
you are right, i did not see that. but still i hope they will work with me, its not like this is an equal version or better version than that pictured, this is definetely a lesser version and had i known this was the one offered i would never have ordered it.

Equal or better is subjective. To someone who isnt going to overclock, the cards are identical, but since you want to, obviously the card you received is not as good for you.

That's why overclockers have to research the balls off everything before they buy it, lol. Before I order anything I email the vendor and verify that it is exactly what I am expecting to receive.

Good luck though, its a shitty deal that you didn't get what you want.

[Big_Mac]

Originally posted by tituswolf
you are right, i did not see that. but still i hope they will work with me, its not like this is an equal version or better version than that pictured, this is definetely a lesser version and had i known this was the one offered i would never have ordered it.

as long as it operates within spec at stock speeds, then they don't have to. Just because you want to overclock the piss out of the card doesn't mean diddly to them. you got a 9800np card, and it performs exactly as a 9800np should, so you don't have any grounds for returning it.

You can say that you've changed your mind, but they've done nothing wrong.

[tituswolf]

did i mention overclocking... i don't think i did. i just want something that performs equal to other 9800. just a bit ago i did put it in to see how it performs and like i thought it performs far below that of normal 9800's. i want what i intended to pay for nothing else.

[KaoTiK]

Originally posted by tituswolf
did i mention overclocking... i don't think i did. i just want something that performs equal to other 9800. just a bit ago i did put it in to see how it performs and like i thought it performs far below that of normal 9800's. i want what i intended to pay for nothing else.

What???

It's a Sapphire 9800 Non Pro, right? What do you mean it doesnt perform like other 9800 Non Pros?

What's it clocked at?

If that's the case, then yes, they are at fault. Unless the OEM 9800's are clocked lower... (are they?)

[tituswolf]

nope... stock speeds 325/290 and it gets 300 points less than a 9800np BBA card i have... now you might understand why i am disappointed in receiving this card.

these lite cards (black pcb) are known for not performing on par with other manufacturers cards... check out the reviews of the sapphire 9600 pro card... thats why had i had a clue that i might be receive this card i would have gone another route

[KaoTiK]

Originally posted by tituswolf
nope... stock speeds 325/290 and it gets 300 points less than a 9800np BBA card i have... no you might understand why i am disappointed in this card.

these lite cards (black pcb) are known for not performing on par with other manufacturers cards... check out the reviews of the sapphire 9600 pro card... thats why had i had a clue that i might be receive this card i would have gone another route

Wow that really is a kick in the ***.

Still newegg can reserve the right to not comply to your efforts... but I can understand why you want to exchange the card. Good luck, and remember, check EVERYWHERE for those sneaky little notices and disclaimers, they can screw you good.

[tituswolf]

i agree, but the thing is a case can be made that this card has been in stock now for three days and they still have not updated that picture to reflect the new design, which smacks of fraud to me, they have had plenty of time to update and still are having others operate under the perception that the card they are receiving is the one pictured. its like i said before, disclaimers do not always (in fact most always do not)relieve a person or company of its responsibilities. these responsibilities continue to not be lived up to, though i am sure that will change shortly after my call to them. had they changed the picture shortly after my placed order, or even later that day than i think i would not have much of a leg to stand on, especially in light of their disclaimer. but because they have not moved to remedy the discrepancy liabilty for this situation, i feel, rests squarely at their feet.