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Report: #146597

Complaint Review: 3B Tech Computers, Ohisit eBay I.D. - Peter Petkov owner Of 3B Tech Computers - South Bend Indiana

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  • 3B Tech Computers, Ohisit eBay I.D. - Peter Petkov owner Of 3B Tech Computers 3431 William Richardson Dr Suite B South Bend, Indiana U.S.A.

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I purchased a computer hard drive (Western Digital 80GB Hard Drive 5400RPM model: WD800EB) sold on eBay as item# 5204246832. The item was sold by eBay member ''ohisit'' but the package came in with a UPS ground paid shipping tag from company name 3 B Tech Computers 3btech.net (574) 233-0508 3431 William Richardson Dr South Bend Indiana 46628. And tracking number 1Z Y3Y 290 03 4238 2282.

The auction ended on 06/04/2005 and was paid for immediately using Paypal services for the amount of $32.71 which consisted of the item amount of $22.72 and Shipping and Handling of $9.99 the item was received on 06/10/2005 and promptly tested on two different computers and it was found to be a non-working hard drive.

I emailed the seller on Saturday explaining the problem and I received an e-mail from the seller with the following message: "I'm sorry but I'm under strict policies that these are to be sold as is w/no returns under any circumstances.'' This morning (06/13/05) I took the hard drive to be tested by a company that specializes on data recovery from hard drives and was advised that the Hard Drive would not boot and made continuous clicking noises which indicated the drive is physically bad and that it has bad heads that are unable to calibrate with the media servo tracks thus the clicking sound made when the drive tries resetting itself.

I received an email from seller requesting that fill out an online RMA (return merchandise authorization?) Which can be found at the following URL:

http://www.ohisit.com/rmaform.html

I filled out the RMA form and submitted it, later I received an authorization number RMA#OI0009. The seller requests that I mail the defective product back to him at my expense to the following address: 3431 William Richardson Drive Suite B South Bend, IN 46628, additionally I am instructed on sending the package insured as they consider me solely responsible for the shipment. Unfortunately this is unacceptable and I strongly believe they should pay for the shipping back to 3btech computers if they wish to test it themselves which is something they should have done prior to sending me the non-working hard drive in the first place and already charging a hefty shipping fee of $9.99.

Seller replied to an e-mail I had sent and tried to excuse their massive mistake with the following quote: ''But in our defense the item description stated that the drive was UNTESTED and SOLD AS IS w/ NO RETURNS. We never stated that the drive was in good working condition''. Yet as a company ohisit/3btech should be aware that such a statement is rendered invalid by the "Implied Warranty of Merchantability" provision under federal law which is a guarantee of a product's quality that is not expressed in the purchase contract. An implied warranty assumes that the item sold by a merchant or reseller (not a private individual) can and will perform the function for which it is designed unless it clearly states that the item "is in no working condition and/or that it needs repairs". Furthermore an implied warranty is one that arises by implication as a result of the "terms of the sale", and not by the "expressed terms of the seller".

The unfortunate interaction I have experienced with ohisit/3btech computers forced me to purchase a replacement hard drive because I was in need of one and receiving the non-working one they sent me placed me dreadfully behind schedule on a project I was counted on to finalize and failed to do so.

Instead of trying to promptly resolve the issue satisfactorily, they want to make it more complicated for me as a consumer by expecting me to waste more of my money to fix a mistake that was caused by ohisit/3btech and to no fault of my own.

I called 3BTech Computers on 06/17/2005 at 1(877)328-3248, I requested to speak with a manager, the call was escalatedto a Peter Petkov who identified himself as part owner of 3BTech yet was uncooperative about my issue but suprisingly enough knew all about my order and stated that the item was sold to me by a 3rd party vendor that is associated with his company, I requested for him to identify the name of the 3rd party vendor and he refused and became extremely rude and raised his voice then the started talking really fast which along with his heavy accent made it impossible to understand, he then disconnected the call.

It is unfortunate that a well established company would sell computer hardware online and list it as UNTESTED, and sold AS IS. Yet take great care on resealing the hard drive to make it look factory new when it is junk just to dump it onto unsuspecting and honest individuals and make a quick profit out of it instead of discarding it accordingly.

ebay order number: ebay#5204246832
San Antonio, Texas
U.S.A.

This report was posted on Ripoff Report on 06/17/2005 04:00 PM and is a permanent record located here: https://www.ripoffreport.com/reports/3b-tech-computers-ohisit-ebay-id-peter-petkov-owner-of-3b-tech-computers/south-bend-indiana-46628/3b-tech-computers-ohisit-ebay-id-peter-petkov-owner-of-3b-tech-computers-www3btec-146597. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
14Consumer
0Employee/Owner

#14 Consumer Comment

3B Tech Customer

AUTHOR: hatchetman - (USA)

POSTED: Monday, December 10, 2012

I have placed several orders over the last 5 years with 3btech, I have ordered 3 cd drives, 4 different orders for ram (from 1 to 8 gb) and 3 motherboards.  Only once have I received a non working board, and that was this past friday (12-7-12) I emailed them on friday evening because I couldnt get them on the phone due to the time.  As I am a very impatient consumer I didnt wait for them to email back on monday, at promptly 930am I called, was told not to worry about the non working board, they could have another in the mail by the end of business day, but again, i am not a patient consumer, I ordered another product to fit my needs elsewhere.  They explained that was no problem, a refund would be issued, and due to the cost of shipping and insuring a motherboard like this one (cheap board) it wasnt even worth sending it back, to recycle the board properly and my refund would be in my account in 3-5 business days.  I have never had issues like the ones I see here. so i cannot believe that this is common practice for them.

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#13 Consumer Comment

3BTech

AUTHOR: M - (U.S.A.)

POSTED: Monday, August 21, 2006

My fiance had the exact same issue with 3BTech. He had ordered a monitor, although he ordered it straight from the source, not eBay or Amazon. The monitor came to the house, late. He opened it, and hooked it up, only to hear a weird noise, and see a puff of smoke rise from the back of the monitor. He contacted 3BTech via email, which went unresponded to, for several days (like a week).

He sent a few more emails, and finally got a response. He let them know what had happened, and they told him to send the monitor back, to have it replaced. He sent it back, and weeks went by with no replacement. He called them back to see what was going on. They informed him they had no more of the monitors in stock, of the same brand he had purchased. He requested a substitute, at which time he was informed it was "policy" not to do so. He then requested he be refunded the $16 he had paid for shipping, which also received the "it's not in our policy" statement. He stayed on the phone with this supposed manager for about 20 min. before the call ended, with him not receiving refund or substitute.

He gave them a bad review on (((a site))), as they had enclosed links to report them on, but the report wasn't posted. I just found this site, today. I'm going to have him start an account on here, and report them.

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#12 Consumer Comment

Update on order from 3B Tech

AUTHOR: James - (U.S.A.)

POSTED: Friday, July 29, 2005

When I received my pcmcia card from 3B Tech, it was not as I had ordered. What I expected to receive was the name Diablo as the brand of the combo card. The card that I received had no name on it. I contacted 3B Tech and they said that it was the correct card and it is what I had ordered. I sent them a completed copy of my order confirmation from Amazon.com. It stated clearly that I was to receive the Diablo brand. I was able to send the card back for a full refund including shipping costs that the 3B Tech had billed me. I was responsible for the shipping charges to get the card back to them which was around $9.50. Amazon gave me a gift certificate for $5.00 to cover my shipping costs, so I lost a little over $4.00 on this transaction. The card that 3B Tech sent me may have been as good as the Diablo so I really don't want to be too critical of the company. Hopefully they will learn to be responsive to customer complaints and also state what their product is up front. This would have saved both of us time and money. This company has the ablility to be a very reliable and responsible company. The packaging and shipping time were first rate. 3B Tech stills needs to work on getting consumer confidence.

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#11 Consumer Comment

Ebay orders from 3btech

AUTHOR: James - (U.S.A.)

POSTED: Tuesday, July 05, 2005

I have been a customer of Ebay for many years. The persons that I have dealt with have been honest and great to deal with. But I have to agree with the ebay customer who said he was ripped off by 3btech. I believe every merchant will check their product to be sure it is in good working order in order to get more money out of the item and to also build their business as a reliable and honest supplier.

In my opinion, once 3btech found that the drive was not working, they still wanted to sell it by putting disclaimers in their auction. This is only my opinion from reading the articles and from what others have said about 3btech.

I presently have an order with Amazon.com that is to be filled by 3btech as an alternate source. Somehow, I am getting the feeling that I am not going to receive the item that I ordered. I will definitly give a follow up report on how 3btech has treated me. I hope and that I can give 3btech a thumbs up report.

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#10 Consumer Comment

I stand by what I said, You ripped off the seller

AUTHOR: Matthew - (U.S.A.)

POSTED: Thursday, June 30, 2005

I stand by what I said. You clearly read the auction, only a blind person wouldnt see the HUGE BOLD RED LETTERS that say NO RETURNS/AS IS/ AND UNTESTED. and since you seem to be able to read the responses on this site I can only assume that you are not blind or have someone to read for you, in anyevent you had no excuse to have not read that auction before commiting to purchase. WHat you did was a breach of contract. That seller held up his end of the bargain, and dont get me wrong, I dont like the idea of selling broken stuff, but the seller didnt lie to you. He said untested and as is, and no returns. You knew going into the deal that it may or may not work. or did you really think that if the seller knew for a fact that it worked that he would have sold it for so low? If so then you really need to not be using a computer cause you have problems. My guess however is that you knew who to cry to, and just wanted your money back cause you made a mistake and didnt want to own up to it. If I were that seller I would be having my lawyer contacting you cause Im sure that through your complaint process you cause him more damage than your meager 30 dollars. And yes IT IS BUYERS LIKE YOU THAT MAKE SELLERS AFRAID TO SELL Cause we dont know when a buyer is just going to change his/her mind and want the moeny back knowing full well that paypal has a reputation of he who complains first wins and you can find that out by just looking at the paypal complaints on this site alone and then if you wanted to find more you could always google paypal and it will find plenty other stories. I will be adding your Ebay ID to my block list as I would not want you selectivly reading one of my auctions and then wanting your money back because you made a mistake. So in closing I stand by what I said.. That seller held up his end of the deal and you didnt hold up yours. You swindled him out of his money and prolly more. NEXT TIME READ THE AUCTION BEFORE BIDDING. I think you will find more and more people are going to support the seller in this one. But hey this is rip off report. thanks for reporting the ripoff your commited.

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#9 Author of original report

Johnny, You can call it absurd, you can call it whatever you want and provide as many links as you can find to try to excuse an unethical practice.

AUTHOR: John - (U.S.A.)

POSTED: Thursday, June 30, 2005

Johnny,

You can call it absurd, you can call it whatever you want and provide as many links as you can find to try to excuse an unethical practice. But in the end, what matters to ME is the fact that I got my money back in full.


Matthew,

I could not care less if the sellers PayPal account got messed up during the dispute process, nor do I care if this experience cost the seller more than my initial investment.

I did not run and cry to get my money back as you claim, since the amount in dispute was inconsequential, all I actually did was type up a grievance and submit it to different entities, this process probably took roughly 30 minutes of my time, to which a return of $30.00 dollars for half an hour spent in the process is well worth it.

Lastly, your comment regarding the fact that buyers like me make honest sellers afraid to sell on eBay is unproven and ridiculous. Buyers like ME make "honest" eBay sellers particularly pleased because the auctions are always paid instantly after the end of the sale using PayPal to avoid any delays for the seller on collecting their due payments.

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#8 Consumer Comment

Read the Bid!!

AUTHOR: Jonathan - (U.S.A.)

POSTED: Thursday, June 30, 2005

I wholeheartedly agree that sellers should not be selling broken or defective items on eBay, but in the sellers defense it does say in BOLD red letters, This hard drive was pulled from a system, is UNTESTED, and sold AS IS w/ NO RETURNS.

I believe in your haste to purchase a "deal", $22.72 for an 80GB hard drive. Get real, you didn't read the whole listing. Do you really think that you could get an 80GB for that price, when all of the others were selling for around $50.00? You need to take responsibility for YOUR actions and not b***h and whine when YOU make a mistake!!

It also states very clearly in their return policy, This is an Auction - All Sales are Final unless they are found to be damaged or defective (This does not apply to "Sold AS IS" items).

Read the whole auction before you place a bid, and if YOU make a mistake do not try to blame others. That is one of the resounding issues in =America today, it is always someone else's fault.

Take some responsibility, and before you bid from now on read the entire listing.

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#7 Consumer Comment

Read the Bid!!

AUTHOR: Jonathan - (U.S.A.)

POSTED: Thursday, June 30, 2005

I wholeheartedly agree that sellers should not be selling broken or defective items on eBay, but in the sellers defense it does say in BOLD red letters, This hard drive was pulled from a system, is UNTESTED, and sold AS IS w/ NO RETURNS.

I believe in your haste to purchase a "deal", $22.72 for an 80GB hard drive. Get real, you didn't read the whole listing. Do you really think that you could get an 80GB for that price, when all of the others were selling for around $50.00? You need to take responsibility for YOUR actions and not b***h and whine when YOU make a mistake!!

It also states very clearly in their return policy, This is an Auction - All Sales are Final unless they are found to be damaged or defective (This does not apply to "Sold AS IS" items).

Read the whole auction before you place a bid, and if YOU make a mistake do not try to blame others. That is one of the resounding issues in =America today, it is always someone else's fault.

Take some responsibility, and before you bid from now on read the entire listing.

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#6 Consumer Comment

Read the Bid!!

AUTHOR: Jonathan - (U.S.A.)

POSTED: Thursday, June 30, 2005

I wholeheartedly agree that sellers should not be selling broken or defective items on eBay, but in the sellers defense it does say in BOLD red letters, This hard drive was pulled from a system, is UNTESTED, and sold AS IS w/ NO RETURNS.

I believe in your haste to purchase a "deal", $22.72 for an 80GB hard drive. Get real, you didn't read the whole listing. Do you really think that you could get an 80GB for that price, when all of the others were selling for around $50.00? You need to take responsibility for YOUR actions and not b***h and whine when YOU make a mistake!!

It also states very clearly in their return policy, This is an Auction - All Sales are Final unless they are found to be damaged or defective (This does not apply to "Sold AS IS" items).

Read the whole auction before you place a bid, and if YOU make a mistake do not try to blame others. That is one of the resounding issues in =America today, it is always someone else's fault.

Take some responsibility, and before you bid from now on read the entire listing.

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#5 Consumer Comment

Read the Bid!!

AUTHOR: Jonathan - (U.S.A.)

POSTED: Thursday, June 30, 2005

I wholeheartedly agree that sellers should not be selling broken or defective items on eBay, but in the sellers defense it does say in BOLD red letters, This hard drive was pulled from a system, is UNTESTED, and sold AS IS w/ NO RETURNS.

I believe in your haste to purchase a "deal", $22.72 for an 80GB hard drive. Get real, you didn't read the whole listing. Do you really think that you could get an 80GB for that price, when all of the others were selling for around $50.00? You need to take responsibility for YOUR actions and not b***h and whine when YOU make a mistake!!

It also states very clearly in their return policy, This is an Auction - All Sales are Final unless they are found to be damaged or defective (This does not apply to "Sold AS IS" items).

Read the whole auction before you place a bid, and if YOU make a mistake do not try to blame others. That is one of the resounding issues in =America today, it is always someone else's fault.

Take some responsibility, and before you bid from now on read the entire listing.

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#4 Consumer Comment

You shouldnt have gotten your money back

AUTHOR: Matthew - (U.S.A.)

POSTED: Thursday, June 30, 2005

it may seem shady that a company can sell a broken hard drive but you knew going into the purchase that it was as is and untested,and I know you knew cause I followed your item number and looked at the autcion. It clearly showed you prior to your bidding that it was untested, as is and NO RETURNS. I once had someone return an item they didnt like through paypal even though my auction said no returns and I really dont see how that is allowed. Mind giving us YOUR ebay id so that we sellers can know to block you? You got what you ordered... an untested as is hard drive. The seller lived up to his part of the sale, and you did not, instead you prolly messed up his paypal account and while it was locked up it prolly cost him more than your silly 30 bucks. So now you got a hard drive that you could turn around and sell as is on Ebay, plus your 30 bucks and who knows how much you cost that seller by doing what you did.. IM not saying that it is right to sell broken items, however you knew the seller didnt know. He clearly stated he didnt know, and if you dont like taking the chance that the item is broken DONT bid on AS IS NO RETURNS auctions. I recently got a camcorder for like 18 bucks, as is auction. Works, but the view finder is a bit messed up. I can get it fixed cheaper than it would be to get a new camcorder so it dont matter. And since it was an as is auction you wont see me running and crying to get my 18 bucks back. Its buyers like you that make the honest sellers afraid to sell on Ebay.

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#3 UPDATE Employee

absurd

AUTHOR: Johnny - (U.S.A.)

POSTED: Wednesday, June 29, 2005

Mr. Juan Rabassa made a purchase on ebay through one of our customers to whom we provide service as well as shipping facility. We do not have any direct relationship of any kind with Mr. Juan Rabassa. As to providing extended customer satisfaction, we took a further step to help Mr. Juan Rabassa to solve his problem even though it was beyond the scope of customer service. Mr. Juan Rabassa refused to be helped unless we met his terms and conditions. We feel it is rather absurd.

The following link and information is provided by FTC answering Mr. Juan Rabassa's childish complaint:

http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm#understanding

You can sell without implied warranties"as is"in most states.

If you do not offer a written warranty, the law in most states allows you to disclaim implied warranties. However, selling without implied warranties may well indicate to potential customers that the product is riskylow quality, damaged, or discontinuedand therefore, should be available at a lower price.

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#2 UPDATE Employee

absurd

AUTHOR: Johnny - (U.S.A.)

POSTED: Wednesday, June 29, 2005

Mr. Juan Rabassa made a purchase on ebay through one of our customers to whom we provide service as well as shipping facility. We do not have any direct relationship of any kind with Mr. Juan Rabassa. As to providing extended customer satisfaction, we took a further step to help Mr. Juan Rabassa to solve his problem even though it was beyond the scope of customer service. Mr. Juan Rabassa refused to be helped unless we met his terms and conditions. We feel it is rather absurd.

The following link and information is provided by FTC answering Mr. Juan Rabassa's childish complaint:

http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm#understanding

You can sell without implied warranties"as is"in most states.

If you do not offer a written warranty, the law in most states allows you to disclaim implied warranties. However, selling without implied warranties may well indicate to potential customers that the product is riskylow quality, damaged, or discontinuedand therefore, should be available at a lower price.

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#1 Author of original report

Got my money back!

AUTHOR: John - (U.S.A.)

POSTED: Wednesday, June 29, 2005

I am happy to announce that on 06/24/2005 I received a FULL refund and an email from PayPal that stated the following:

"We have concluded our investigation of your Buyer Complaint. The details of this claim are listed below.

We have decided in your favor, and as a result, have attempted to recover funds from the seller.

The maximum amount we were able to recover was $32.71 USD. This amount has been credited to your PayPal account. Please allow up to five business days for this adjustment to be reflected in your credit card account.

If you are due any additional amount from the seller, we will make our best effort to recover the balance from the seller.

If the seller's account has insufficient funds to complete the refund owed to you, please be assured that we will take appropriate action against the seller's account, which may include limitation of the seller's account privileges."

It is a relief to know PayPal and eBay are on the side of honest individuals and not behind of unscrupulous and dishonest companies.

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