Quote:
Originally Posted by davidusvi
... what I bought directly from Garmin is the map software. I can return the unit; West Marine will refund the purchase price. But the problem is the software (the map data) ...
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Software is nearly
always non-refundable once you open the package. By gaining access to the download and, more importantly, executing the download (they may not be able to tell whether or not you completed it), you "opened" the "package."
Go buy
any software (and that includes movies, music and e-books), "open" the "package" and then try to get a refund.
Quote:
Originally Posted by davidusvi
...and, more particularly, the delivery system. If they cannot deliver by download, they should not offer that.
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They're overloaded. I'm not making excuses for them, but you're trying to download off their site at the same time as every other person on the planet that received Garmin electronics for Christmas. Is it any surprise their site is over-loaded?
It's not just Garmin. I've been seeing that complaint about a lot of electronics manufacturers whose devices can get updates and data from their sites. Also taking people forever in a day to register their new toys.
Quote:
Originally Posted by davidusvi
They offered to send me the chip -- in a week, which does me no good this upcoming weekend.
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Surely you're exaggerating just a bit? Or would you have us believe you planned a sailing trip for this weekend predicated on the use of a device you were going to receive for Christmas, with which you had no familiarity or experience?
Quote:
Originally Posted by davidusvi
They will not recognize their failure and a customer service opportunity by spending the $12 or less it would take them to overnight it.
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I can understand and appreciate your disappointment. I'd be miffed, too. No doubt it's
much easier to be dispassionate and objective when you're on the outside, looking in. I agree that I'd find Garmin's response less-than-satisfactory, but it's not like they're leaving you totally out in the cold, either.
Quote:
Originally Posted by davidusvi
Instead he made it seem like it was MY fault because I should have read the part that says "no refund even if the failure to deliver is Garmin's fault."
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Garmin has not yet failed to deliver. And if you have legal counsel available, ask them. They will tell you that failure to read the contract
is your fault. I'm going to bet you clicked a link that said something like "I've read, understood and agree with the terms and conditions of the sale," too.
Quote:
Originally Posted by davidusvi
I do hope the CC company will not honor Garmin's reliance on that fine print and failure to deliver.
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So, rather than waiting a week for the chip, you're going to go to the trouble of disputing the charges with your credit card company? That'll be more trouble, and take longer, than it would to get the chip.
Btw: Under law, you're not supposed to file CC charge disputes until you've made an honest attempt to resolve the dispute with the merchant. I don't think either the CC company or Garmin will take kindly to your abusing the process.
Jim