My Lenovo Nightmare

After dealing with Lenovo's incompetent customer service for over a week I have decided to take my complaint public so that hopefully I can help prevent someone else from making the mistake of ordering a laptop from them.


On June 10th I ordered a laptop from Lenovo.

Lenovo 3000 N200 with
Intel core 2 duo 2.1GHz 800MHz 3MB
17.0 WUXGA TFT with integrated camera LCD Glossy
ATI Radeon HD 2600 XT 512 MB
4GB PC-5300 DDR2 SDRAM 667MHz
250GB 5400 Harddrive
DVD Recordable (Dual Layer) 24x Max
Bluetooth
Etc etc.

I was immediately billed for the product $699.00.

I have a printed receipt from the checkout screen confirming this.

This deal seemed too good to be true, and indeed it was. It turns out that there was a typo on Lenovo's website, this computer model doesn't exist and never has existed ( I learned this much later). Instead of canceling my order and explaining the problem Lenovo tried to send me a different laptop of far lower quality.

1 0769FA LNV 3000 N200 T2390 15"WXGA 1GB 120GB DVDRW WVB32 6CELL
Serial Number: L3RN478
$699.00 $699.00
0769FAU LNV 3000 N200 T2390 15"WXGA


If you check on their website you will see that this item also isn't listed. When I contacted Lenovo's customer service through email to inform them that they had made a mistake on my order I recieved a reply stating the following:


"Please be advised that the configuration on your order check out screen is Incorrect.
The Price and Part Number are the only pieces of information correct on that screen.
If you wish to examine the Correct Configuration for your Order, please refer to your
Order Confirmation email.

Please Be Advised that Lenovo reserves the right to alter product offerings and specifications at any time without notice. Lenovo is not responsible for photographic
or typographic errors. "

While I agree that they should not necessarily be held responsible for a typo, I very much disagree that they have the right to change the item after I have already purchased it. Think about it, this is like buying $100 shoes, paying for them at the register, then having the cashier hand back $50 shoes and when you complain telling you that it is their right.

I canceled my order and contacted the Better Business Bureau. My money was refunded. Later that day the laptop shipped......

A representative from Lenovo contacted me regarding my BBB complaint and told me that there was a misprint on their website and that they would not be honoring the original agreement. When I told him that I had just received an email confirming shipment of the lesser laptop after previously canceling the order, he informed me that I would be charged for the laptop until it was mailed back to them. I have not yet received the laptop and will refuse it when it arrives. Even upon my refusal I still have to wait another week+ until the laptop makes it back to Lenovo until I get my money back.

I have never dealt with a more incompetent company, you shouldn’t either. Please learn form my mistakes.

Sorry for the long read.

 

i ordered a laptop on june 6th and received it 6 days later. it was everything i ordered. you're just an unlucky one out of many. i'm sorry to hear that you went through/are still going through all that trouble, but every big company has its screw ups. atleast you're receiving your money back and you're not this guy.

 

This type of thread has been posted for just about any manufacturer/builder you can name. There's nothing to learn from the OP's situation (and I'm sorry for that). I hope your problem gets sorted, but there are many folks who have had great luck with Lenovo, and all the rest of the companies which other posters have felt the need to warn us to avoid.

 

Has Lenovo even made a 17-inch laptop?

 

Yes, they have. At least the Y710s.
@OP:
That particular model has been raising the hopes of a number of buyers. There are a few threads on the forum about it. I'm sorry to hear that your buying experience was terrible, better luck with your next company.

 

Errors happen, and if you see some uber awesome deal for a notebook, chances are it is too good to be true.

I keep waiting for that HDX for $269.95, I know HP wont let me down.

 

It really wasn't the mistake that made me mad. It was the reply email that I received from their customer service telling me that they had the right to screw me over. No apology, nothing.

They actually offer a computer with the exact same specs as the one I ordered, but it isn't an N series and is more expensive.

If they had just canceled my order stating that there was a typo on their website and that the product was not available I would have no problem with the company. Instead they switched the item without my permission after charging me and are making me pay for their mistake.

It is not right, in fact I am pretty sure it is bait and switch fraud by definition.

 

right when you click on one of the notebooks on the products page, all the way at the bottom is their fine print. even before you buy anything it says that offers, prices, specifications and availability may change without notice. Lenovo is not responsible for photographic or typographic errors. you sign up for this the second you hit checkout.

 

I sympathize with the OP. And no, I've never heard of another company doing anything like this. Legally, there was no valid contract between him and Lenovo at the moment that Lenovo realized its error and notified him of it. Lenovo made an offer in error and it was their right to revoke it. However, he never accepted their counteroffer of an inferior product for the same price. Therfore, no contract was formed between Lenovo and the OP as to the second laptop. Thus, Lenovo was NOT entitled to send him a lesser laptop and charge him for it.

Lenovo is relying on the following clause: "Please Be Advised that Lenovo reserves the right to alter product offerings and specifications at any time without notice. Lenovo is not responsible for photographic or typographic errors."

That's fine. Lenovo can alter the OFFER. But that's not what Lenovo did here. Once the OP accepted the original offer, it was no longer an "offer." If Lenovo wants to claim that the second laptop was a separate offer, that fine as well, but as to that offer there was no ACCEPTANCE. Think about it for a moment. Can Lenovo ship me a bucket of moldy socks after I ordered a $1000 computer and claim that that's their right because they reserve the right to modify the order as they please after it has been placed? Do you think that clause in their sales agreement gives them the legal right to do that?

What's ironic is that, legally, he may be entitled to keep the unwanted laptop AND get his money back. Typically, you're entitled to keep unwanted goods that are mistakenly shipped to you. Furthermore, Lenovo has no legal right to hold his money in escrow until the laptop is returned. When the seller is a merchant using a common carrier, and the receiver is not also a merchant, in most states I believe perfect tender is not complete until the seller receives and agrees to keep the goods. In other words, Lenovo still bears the risk that the item will be lost/damaged/stolen in transit or whatever.

Contacting the BBB was a good start, but I would also call up the local FTC Bureau of Consumer Protection office in your city/state and ask them what you should do. Also, call any friends or relatives you may have who are lawyers in your state and ask them what your state's commercial code says about these things. I am not [yet] a lawyer, so do not rely on this post as legal advice.

 

I tend to be protective of Lenovo from all the bashers but I think if the situation is as he stated, then Lenovo is in the wrong here.

If it's a typo, the order should be cancelled and nothing should be sent out. There should not be a lower spec'ed model shipped and charged.

 

sammy, i love lenovo but the public needs to be heard. these type of complaints pucker up the PR reps and make quality a little better. if your trying to make a stink, hit up the consumerist. They eat these types of stories up. Sorry to hear about your deal. That was really cheap of them to do that, but as you know its all about quantity, not quality.

 

Synic, if doing this sort of thing is part of Lynovo's policy then buyers should truly beware.


Thanks for the advice Fonebone, I have filed a complaint with the FTC online. We will see where it goes.

Techboydino, I will look into the consumerist.

 

if it warrants, the Better Business Bureau is another powerful ally.

 

Sammy999 I am sorry to hear about your problems with Lenovo but they are for the most part a very reliable company that offers excellent value for the money and reliable service after the sale. Even thought I clearly understand your point it is non the less statistically a good experience doing business with Lenovo.

 

I fell for the same trap. Lenovo billed me and shipped out my downgraded laptop even though I called three times to cancel it. They acknowledged the online configuration error, but they still shipped out the crappy laptop. Now I have to prove to Citi that I did not receive what I ordered and figure out how to get my money back from Lenovo.

 

WTF? Seriously, if I were you I would a) meticulously document every step of the transaction, b) hang on to whatever POS they sent you in place of what you actually ordered, c) contest the s**t out of whatever charges they put on your credit card until the matter is resolved. This is absolutely atrocious and needs to be dealt with ASAP.

Lenovo might make decent computers, but it sounds like they could stand to gain a little more familiarity with the Uniform Commercial Code.

 

I have already filed with the Better Business Bureau. Yesterday I called UPS to cancel the order and have it sent back to Lenovo. They said that the order had already been canceled and was being sent back to Lenovo. I have never so much as seen this laptop and they have charged me for it anyway.

I called my bank to see what they could do about getting my money back , and they filed a dispute with Lenovo. They still said it will be 10 days before the company has to respond to the complaint.

 

Bump for Lenovo still not giving me my money back.

 

Keep us updated.

 

What is your credit card company telling you?

 

They're saying that they need a confirmation from Lenovo regarding the wrong specs, which they never emailed out. All I have is a confirmation email saying that my order was shipped (with the wrong specs). So as far as they see it, I bought a crappy laptop and now I'm telling them to cancel the payment.

 

Unfortunately I used a check card to purchase the laptop, so I am dealing with my bank instead of a credit card company. They filed a grievance on my behalf, but still said it usually takes 10 days for the company to respond and for money to be refunded.

dt408sc02, If you havent filed a complaint with the Better Business Bureau, you should. Filing a complaint at least got me a resolution officer assigned to my case. It is the only thing that I have found effective so far in my struggles with the company.

 

I filed a complaint and got a rep to call me. He's issued me an RMA and said they'll pay for all shipment returns.

 

No, the Sale of Goods Act would protect the purchaser. However, as long as Lenovo gets the notebook back and the purchaser receives his money, there isn't much grievance and there really wouldn't be a case. I think Lenovo does this just to protect itself because it clears the funds once it ships out the item. It's more of a defence against fraudulant purchasers than trying to cheat the average consumer, imho.

You sound a lot like my commercial law professor, lol... Offer, acceptance, counteroffer, consideration, no consideration, warranty, etc... LOL, memories.... good times even though I didn't do outstanding in that course, heh!

 

Oh... check card... is that like a cheque? Because a cheque is a Negotiable Instrument and therefore you've actually signed a contract w/ Lenovo... So therefore, Lenovo is a Holder in Due Course and they have a right to take out the funds from your bank even if you had a Stop Payment. Btw, would purchasing a laptop be considered a contract? I think Lenovo's website is only an ADVERTISEMENT for purchase, NOT an actual contract/offer. Hence, they have the right to revoke it. For example, Bestbuy offers to sell a 40" LCD of 299.99 by accident, this would not be an offer, but rather an Ad. Therefore, you can't sue BestBuy if they don't sell the LCD TV to you at that price.

 

I'm going to call back the Lenovo rep who called me after he received my BBB complaint. Any legal rights I can cite when I argue with him? Is Lenovo bound to honor what I ordered? Do they have the legal right to charge my credit card for something I didn't order and then hold it ransom until they receive their laptop back?

 

One last quick point, Lenovo has an exemption clause limiting its liability from photographic and typographical errors. Thus, the buyer actually agrees to the contract once they make the purchase. Consequently, Lenovo can tender a performance for the "correct" laptop while exempting it from any liability, since the "downgraded laptop" IS NOT considered a counter-offer.

Therefore, consumers need to be very careful when making payments online because we are more disadvatageous when considering exemption clauses in online contracts

Source: Internet and E-Commerce Law in Canada Vol. 2 and Conusmer Protection Act, 2002, S.O. 2002, C.30 SS 38-39

 

I didn't learn too much about CC, you'll have to look in your agreement with the CC company because some offer Purchase Protection for consumers. Lenovo is not bound to honor what you order (even pricing) because the exemption clause is evident on their website and it's your responsibility to read it. Nevertheless, I am sure that your CC company can help you out with the charge-back if it comes to that...

I'm reading my Law textbook to see if you have anything to go against Lenovo. But seriously, what they are doing isn't fraud because they made a pricing error and are actually tendering a performance. I think you have a case against their ordering/shipping policy because I think they should have notified you of the error and let you choose to continue with the order or not... So that could be something.... Obviously the reason they are holding onto your money is to make sure the laptop is returned. If they were to give you a refund and didn't get the laptop back then Lenovo would be at a loss. If by chance the laptop gets damaged while being shipped back or even lost, then you DO have the Right to get your money back because the risk was not with you, but instead the shipping agency (which would be accountable to Lenovo).

 

I became aware of that exemption clause shortly after stumbling across a huge thread about this same problem over at slickdeals: http://forums.slickdeals.net/showthread.php?t=842671&page=14

http://a.slickdeals.net/attachment.php?attachmentid=100425&d=1213158556

However, does that exemption clause include all parts of the buying process, from online ad to arrival of the package? As some people have already stated, the exemption clause should only be applicable to the online order itself - Lenovo has the right to chance the online specs as they please, but once the buyer actually buys the configuration that Lenovo posts online, it does not become an offer anymore. Like the OP said, it would be equivalent to giving someone $5 shoes when the seller advertised $50 shoes and the buyer agreed to them.

Some people have also pointed out the buyer has the legal right to accept and hold onto any mis-sent items (holding onto the laptop and refusing to pay for what I didn't order). Is this true?

 

I think you can hold onto the item, but then Lenovo won't refund you the money, simple as that... And I think the exemption clause applies in this case because the Ad was an actual error and they weren't trying to be deceitful. Therefore, the clause applies to the "online contract". In particular, I think Lenovo is trying to tender a performance. Hence, you have the opportunity to rescind the new offer (from Lenovo), thereby terminating the agreement, but you would have to return the item before they will refund your money. And if you were to keep the laptop then Lenovo would keep your money and the new contract would be validated.

The supplier is only liable for returning the customer to their previous state (before the purchase), so that's why Lenovo SHOULD be responsible for paying the shipping fees. If they did not, then you would be disadvantaged and at a loss both economically and legally.

If you can prove beyond a reasonable doubt that Lenovo was doing this on purpose to deceive consumers then you would probably have a case. However, like I said, Lenovo should've confirmed the new order with you before sending it out. I think that's a huge flaw in their SCM system (tlog), but at the same time that doesn't imply that they defrauding anyone... or it would be very hard to prove, totally unlike the Dell technical support/warranty case.

 

Bump for still not getting my money back.

 

Another bump for link still being up?

 

Please wait atleast 24 hours before bumping a thread. Failure to comply with the forum rules will result in this thread being closed.

Thanks for your cooperation.
-Kdawgca
NBR Mod

 

Was a link to purchase this laptop accessible from the main 3000 N Series page?
http://shop.lenovo.com/SEUILibrary/...-category-id=E7C796E266D74BF38557DB55784F4EB0

It's not listed there.

Ok, I know where you got this from and yes it was a price mistake. Yes Lenovo shouldn't have sent them out and since this laptop configuration page was posted all over deal sites many people are dealing with this issue.

http://forums.slickdeals.net/showthread.php?t=842671

*edit*

While I feel this is still partially Lenovo's fault due to their faulty system, people who tried to take advantage of this should also share some of the blame. I doubt that the link to this config page was ever posted to the main site. Someone, somehow found this config page to a laptop that doesn't even exist then posted the url for everyone. N series was never available with these specs. These specs are for a Y series laptop which is more than double the cost of what was on that config page.

 

elfroggo, When I placed my order it was by shopping at Lenovo's website (actually though a link off of this website), looking under the N series and finding the offered model listed. The laptop with the spec's I ordered was removed from their website the next day, after I had been charged for the lesser laptop. So yes, it was posted on their main page.

It seems that many people found this "deal" on the slickdeals website, I did not. Yes, the link I posted above is from said website. I also sent this link to my Lenovo resolution officer so that now they are aware that it is still active if they weren't before.

 

If you run into anymore problems, continue to fuel this with your bank.

Thanks for your posts. This should also serve as a warning to buyers that though buying things on credit, in the long run, get you into trouble, credit cards provide much greater buyer's protection to debit. Debit is your actual cash, that is why it is so detrimental to lose your cash card because liability is greater for the account holder than the assailant. IMHO, Amex is the best, but most cards provide good protection and retailers do not like dealing with a cc company complaint. In fact, it might do something to threaten action with the cc company to the retailer to get some reaction or movement on your claim.

 

I still have not received my money back and the link still works. How incompetent can Lenovo be?

 

I finally got my money back on Saturday. I am done with dealing with Lenovo.