Buy.com Failure to honor $150 Hannspree TV rebate Aliso Viejo California

Complaint Description
I am STILL waiting for my $150 Rebate for the Hannspree TV I purchased through buy.com on January 30th. I have frequently checked on the status at www.rebate-zone.com/Connect3D from the email notification I received on March 30th. Six to eight weeks since 3/30/2007 HAVE elapsed. I have learned that Connect3D is out of business. The wording on the Rebate states that Buy.com is not responsible for "lost, mutilated, misdirected or postage-due requests".

As my request falls into NONE of the above, www.buy.com IS responsible for the IMMEDIATE fulfillment of my rebate request - kindly do so... I have complete records of all correspondence and electronic documents pertaining to this transaction.

Customer's Desired Settlement
Honor the rebate and send me a check for $150 - as promised in their advertisement.

Company's Response
We regret learning that Connect 3D has failed to honor a rebate offered to you.
Reports are circulating that Connect 3D is now insolvent and no longer performing any business functions. We are investigating these reports. Before allowing Connect 3D rebate forms to be posted on our website, Buy.com took the additional steps of requiring financial statements from Connect 3D and obtaining a contractual commitment from Connect 3D to pay Buy.com directly for wrongly-rejected or extensively-delayed rebates. This contractual commitment allows Buy.com to bypass the rebate center and invoice Connect 3D directly on behalf of those affected customers who have contacted us directly.

Buy.com has submitted demands to Connect 3D to perform on its contractual obligations. Connect 3D has ignored those requests and has refused to pay Buy.com for any of the Connect 3D rebates owed to our customers. As a result, on July 6, 2007 Buy.com filed a lawsuit in Orange County Superior Court against Connect 3D and others (including without limitation, Connect 3D's principal officers, Connect 3D's distributor, Wintergreen Systems and Connect 3D's affiliated entities) for failure to honor commitments made to Buy.com and its customers. Litigation is unpredictable, costly and time consuming. However, it's Buy.com's belief that Connect 3D and the other defendants in this litigation should be required to honor your rebate.

No assurance exists that Buy.com will be successful in this litigation or in attempting to enforce any judgment that may ultimately be obtained. Customer Care Gift Certificates are currently being issued as an apology from Buy.com for any inconvenience.

Customer's Rebuttal
A customer Care Cirtificate in the amount of $150 would fully satisfy me - nothing short of that will suffice. Buy.com made the offer, I accepted it; it's Buy.com's problem that their fulfillment channel is failing, not mine. BUY.COM still owes me $150 - not a penny less than that. Had BUY.COM NOT offered the rebate, I would NEVER have purchased the product. Kindly act as a Company with INTEGRITY and keep to YOUR word, irrespective of third party difficulties. I am YOUR customer, NOT Connect 3D's. Kindly treat me as YOUR Customer - a responsibility you took on when you accepted my order and fulfilled it - and fulfill the rebate you PROMISED.

Company's Final Response
While Buy.com advertised rebates on behalf of Connect3D, Connect3D is ultimately responsible for honoring the rebate they offered. For this reason, Buy.com has filed a lawsuit in Orange County Superior Court against Connect3D. At no time did Buy.com anticipate that the rebates would not be honored. Unfortunately we cannot refund you in lieu of the rebate. We apologize for any inconvenience regarding this matter.

Stephen
Yorba Linda, California
U.S.A.