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teletone

join:2010-06-07
Toronto, On

[Serious] i got scammed by LexiMart

what do i do?

i purchased "Microsoft Windows 7 Professional SP1 64-bit oem" from leximart.com for around $93 total. it's supposed to be part number FQC04649 as advertised on the webpage and what it states on the delivery slip, but when i got my package in the mail april 9, the disc came in a thin brown cardboard package and when i peeled it open, it's a DELL reinstallation DVD with a totally different part number! dell p/n OKJX6D.

i called leximart and the CSR lady told me she was going to check with the shipping department and call me back in a few minutes but didn't. i called back an hour later, the lady told me she was working to resolve the issue, put me on hold because she had to do something and the call disconnected. i call back a few minutes later and nobody picked up the phone. i called back again but put the extension for another department and i got through and ended up reaching the same lady i was talking to. she said she was going to ship me the correct item and that she would send me a mailer to return the wrong item.

this morning, ups delivers the replacement, i open up the ups mailer and there is a thin bubble mailer inside. inside that is a shrink wrapped disc in a open jacket with an orange booklet. the disc has part number x17-03424-02 and the booklet has part number x10-52148. inside the dvd dust cover, there is the proof of license sticker. the sticker has been peeled off some surface and has been reapplied to a backing. the sticker looks like it has also been wet and is dirty, it looks used and old. i'm under the impression that it has been peeled off the bottom of a laptop. also the part number on the sticker is x15-53895. the dvd also has some scratches. also, she never sent me a return mailer for the first wrong disc they sent me.



donoreo
Premium
join:2002-05-30
North York, ON

Second hit on google when I searched for Leximart:

»www.scamadviser.com/is-leximart.···ite.html



teletone

join:2010-06-07
Toronto, On

said by donoreo:

Second hit on google when I searched for Leximart:

»www.scamadviser.com/is-leximart.···ite.html

crap. i found them through shopbot.ca

what do i do now?

donaldk
Premium
join:2000-10-19
Thunder Bay, ON
reply to teletone

Report them to Microsoft ASAP:

»www.microsoft.com/en-ca/howtotel···ort.aspx

As much as Microsoft is bad mouthed here and there, they do take an extremely hard stance against someone fraudulently selling their software. They will take further action both along civil and criminal lines of the legal system.

Edit:link changed to reflect Canadian region selection



joeblow3

join:2000-12-27
London, ON

1 recommendation

reply to teletone

and don't forget to contact your credit card company.



Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5
reply to teletone

And don't forget that you cannot buy any form of Windows this way in the first place; OEM software is inseparable from the hardware it was sold with, and the license dies when the hardware does.



donoreo
Premium
join:2002-05-30
North York, ON

said by Steve:

And don't forget that you cannot buy any form of Windows this way in the first place; OEM software is inseparable from the hardware it was sold with, and the license dies when the hardware does.

That makes it sound so dramatic. Since it is dead and he is using it.....does that make it a zombie?


teletone

join:2010-06-07
Toronto, On
reply to donaldk

said by donaldk:

Report them to Microsoft ASAP:

»www.microsoft.com/en-ca/howtotel···ort.aspx

As much as Microsoft is bad mouthed here and there, they do take an extremely hard stance against someone fraudulently selling their software. They will take further action both along civil and criminal lines of the legal system.

Edit:link changed to reflect Canadian region selection

i just finished the report on the microsoft website. i have to send the package to microsoft now by registered mail.


A Lurker
that's Ms Lurker btw
Premium
join:2007-10-27
Wellington N
reply to Steve

said by Steve:

And don't forget that you cannot buy any form of Windows this way in the first place; OEM software is inseparable from the hardware it was sold with, and the license dies when the hardware does.

How dead does the hardware need to be? Always wondered - dead drive, dead memory chips, dead motherboard, which component does the license follow? Over the decades I've had many computers, with many upgrades. Probably the only one I've never recycled in some manner was the old laptop. It's still sitting on it's side in the family room as I keep meaning to wipe it of any personal info before dumping it.


koira
Keep Fighting Michael
Premium
join:2004-02-16
Reviews:
·Start Communicat..
reply to teletone

said by teletone:

said by donaldk:

Report them to Microsoft ASAP:

»www.microsoft.com/en-ca/howtotel···ort.aspx

As much as Microsoft is bad mouthed here and there, they do take an extremely hard stance against someone fraudulently selling their software. They will take further action both along civil and criminal lines of the legal system.

Edit:link changed to reflect Canadian region selection

i just finished the report on the microsoft website. i have to send the package to microsoft now by registered mail.

Please report back on the outcome once the dust settles


teletone

join:2010-06-07
Toronto, On
reply to joeblow3

said by joeblow3:

and don't forget to contact your credit card company.

will they do anything? one time i got shipped a wrong item which the seller did not want to exchange for the correct item or refund my money. i called visa and they told me they couldn't do anything because i "received" an item. i was told to take it up with BBB, etc.


Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5
reply to A Lurker

said by A Lurker:

How dead does the hardware need to be?

I believe that the specifics vary based on the particular software (which edition of windows, home or business, server or client), but I believe the spirit is to prevent reuse of OEM software on entirely new hardware.

If you have the original gear and progressively upgrade it in place - add more RAM this week, change the graphics card next week, etc. - even if you end up replacing everything it may well be that this is close enough to compliant that Windows Genuine Advantage will give it a pass. I'm not sure.

But buying OEM software separate from hardware is never allowed. Ever.


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable
reply to teletone

said by teletone:

crap. i found them through shopbot.ca

Report this to shopbot if anyone there receives email or there's a feedback option.

said by teletone:

i called visa and they told me they couldn't do anything because i "received" an item. i was told to take it up with BBB, etc.

That's outright bullshit. You call back and escalate the call and tell them you were scammed and were sent an item that's against the law. (of course, that's a civil law but you leave that out of it)


elwoodblues
Elwood Blues
Premium
join:2006-08-30
Somewhere in
kudos:2
reply to teletone

Why would you buy from them, when you can buy it from a more reputable etailer like tigerdirect

»www.tigerdirect.ca/applications/···=windows 7 oem



teletone

join:2010-06-07
Toronto, On

said by elwoodblues:

Why would you buy from them, when you can buy it from a more reputable etailer like tigerdirect

»www.tigerdirect.ca/applications/···=windows 7 oem

because it was around $50 cheaper. in the end, it wasn't worth all this aggravation.


teletone

join:2010-06-07
Toronto, On
reply to teletone

update: i called visa and they told me they need a confirmation letter that i will get from microsoft to confirm that the product is fraudulent.

i also asked them if they can block leximart from making any future charges on my credit card but they can't. they assured me though that if leximart makes any unauthorized charges, visa's fraud dept. will pounce on them.

p.s, the transaction was reported on the credit card as being done through "moneybookers" a paypal type service.



donoreo
Premium
join:2002-05-30
North York, ON
reply to teletone

said by teletone:

said by elwoodblues:

Why would you buy from them, when you can buy it from a more reputable etailer like tigerdirect

»www.tigerdirect.ca/applications/···=windows 7 oem

because it was around $50 cheaper. in the end, it wasn't worth all this aggravation.

Did that not signal a red flag or was saving money overwhelming you?
--
The irony of common sense, it is not that common.
I cannot deny anything I did not say.
A kitten dies every time someone uses "then" and "than" incorrectly.
I mock people who give their children odd spelling of names.


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable
reply to teletone

You're not going to get that letter. Seriously, tell them to stop jerking you around.

Your attitude needs to change and you're giving them too much information.

You tell them outright that you didn't get what you ordered, you received a used fraudulent piece of software and not a new one, and they're not honouring your request for a refund. If the company's in Ontario, that's actually a law.



teletone

join:2010-06-07
Toronto, On
reply to donoreo

said by donoreo:

said by teletone:

said by elwoodblues:

Why would you buy from them, when you can buy it from a more reputable etailer like tigerdirect

»www.tigerdirect.ca/applications/···=windows 7 oem

because it was around $50 cheaper. in the end, it wasn't worth all this aggravation.

Did that not signal a red flag or was saving money overwhelming you?

i thought that since windows 8 has been out for a while, some online retailers were starting to lower their prices to move stale and soon to be out of demand stock. there was even cheaper offers but i didn't go that route. ivmshop sold for even less...

»www.shopbot.ca/m/?m=FQC04649

i think i searched site advisor before the purchase but there were no results.

»www.siteadvisor.ca/sites/leximart.com

p.s, i put the link for scamadviser.com right at the top of firefox for future use.


teletone

join:2010-06-07
Toronto, On
reply to urbanriot

said by urbanriot:

You're not going to get that letter. Seriously, tell them to stop jerking you around.

Your attitude needs to change and you're giving them too much information.

You tell them outright that you didn't get what you ordered, you received a used fraudulent piece of software and not a new one, and they're not honouring your request for a refund. If the company's in Ontario, that's actually a law.

who am i giving too much information to? and why wouldn't i get a response from microsoft?


donoreo
Premium
join:2002-05-30
North York, ON
reply to teletone

Well if there were others for less, I can see how you could get tricked into it.



elwoodblues
Elwood Blues
Premium
join:2006-08-30
Somewhere in
kudos:2
reply to teletone

said by teletone:

said by urbanriot:

You're not going to get that letter. Seriously, tell them to stop jerking you around.

Your attitude needs to change and you're giving them too much information.

You tell them outright that you didn't get what you ordered, you received a used fraudulent piece of software and not a new one, and they're not honouring your request for a refund. If the company's in Ontario, that's actually a law.

who am i giving too much information to? and why wouldn't i get a response from microsoft?

Microsoft doesn't give 2 shits if you were defrauded, they want to go after leximart.

As for lower prices because a new OS is out.. HA, not in the MS world.
--
No, I didn't. Honest... I ran out of gas. I... I had a flat tire. I didn't have enough money for cab fare. My tux didn't come back from the cleaners. An old friend came in from out of town. Someone stole my car. There was an earthquake.......


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable
reply to teletone

said by teletone:

who am i giving too much information to?

Your VISA provider, there shouldn't be any back and forth. You didn't get what you ordered, you want them to reverse your transaction - that's an end of story situation right there.

"I did not authorize a charge for what they sent me." Done.

said by teletone:

and why wouldn't i get a response from microsoft?

There's an expiry date to which you can have your transaction reversed with Visa and you're expecting a company like Microsoft to send you a nice letter before this window closes?


elwoodblues
Elwood Blues
Premium
join:2006-08-30
Somewhere in
kudos:2

And this is the funny part, I called PC Mastercard because i got charged for an RMA'd hard drive, I told them WDC has the HD (I'm anal about paperwork), explained what an advance RMA is to them , they sent me the paperwork to contest the charge, which I faxed back the next day.

Bottom line, you are a victim of fraud, call the bank again, tell them you were sent fraudlent goods, dont bring up MS don't bring up anything except the goods were not what was described.

Contact moneybookers, a quick glance through thier TOS should hep you out.
--
No, I didn't. Honest... I ran out of gas. I... I had a flat tire. I didn't have enough money for cab fare. My tux didn't come back from the cleaners. An old friend came in from out of town. Someone stole my car. There was an earthquake.......



Ian
Premium
join:2002-06-18
ON
kudos:3
reply to elwoodblues

said by elwoodblues:

Microsoft doesn't give 2 shits if you were defrauded, they want to go after leximart.

As for lower prices because a new OS is out.. HA, not in the MS world.

Probably off topic, but yeah, they don't discount "old" OSes quite that much or that quickly. The main reason is corporate buyers don't jump all over "new" operating systems for a variety of exceptionally good reasons. Heck, if I bought a new PC today, I would want Windows 7 on it, not 8. I'd even pay a little more for that to be the case.
--
“Any claim that the root of a problem is simple should be treated the same as a claim that the root of a problem is Bigfoot. Simplicity and Bigfoot are found in the real world with about the same frequency.” – David Wong


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable
reply to elwoodblues

said by elwoodblues:

they sent me the paperwork to contest the charge, which I faxed back the next day.

I've never had to fill out paperwork, even when I was the victim of a Nigerian who'd appropriated an Ebay account and I used a service like bidpay which uses money orders. That was basically the worst kind of situation to be in...

However I simply stated that they allowed a known scamming service to charge my card and this is on them. They reversed it for a few grand.


QuantumPimp

join:2012-02-19
Reviews:
·voip.ms
reply to Steve

said by Steve:

And don't forget that you cannot buy any form of Windows this way in the first place; OEM software is inseparable from the hardware it was sold with, and the license dies when the hardware does.

»www.newegg.ca/Product/ProductLis···&x=0&y=0


Wolfie00
My dog is an elitist
Premium
join:2005-03-12
kudos:8

That doesn't contradict the important second part. "System builder" OEM licenses have been around for a long time, and it was already referenced in the TigerDirect link posted previously. But once an OEM license is activated, it cannot be transferred to new hardware. A retail license can be.

Steve See Profile is just incorrect in the first sentence and a later claim that you can't buy such software separate from the hardware. Of course you can, but it's intended for system builders and remains permanently with the hardware. That said, what Leximart is doing sounds totally illegal.
--
The worst disease of the world now is probably the ideology of technological heroism, according to which more and more people willingly cause large-scale effects that they do not see and that they cannot control. -- Wendell Berry



BonezX
Basement Dweller
Premium
join:2004-04-13
Canada
kudos:1
reply to Steve

that's what the over the phone support is for, had a motherboard go bad, replaced it(that ALWAYS trips the hardware check) called them up, explained the issue, they unlocked the key and re-assigned it.

you just can't go doing it all the time(i think they try to limit it to once a year or so)



Ian
Premium
join:2002-06-18
ON
kudos:3

said by BonezX:

that's what the over the phone support is for, had a motherboard go bad, replaced it(that ALWAYS trips the hardware check) called them up, explained the issue, they unlocked the key and re-assigned it.

you just can't go doing it all the time(i think they try to limit it to once a year or so)

They do it all the time, because I don't think they ever want the practice fully tested in courts of law, on the legality of requiring you to tie a particular software license to a particular hardware setup.

At least to my thinking, if I buy a PC with Windows "X" on it, and later upgrade my processor, or motherboard, I should be able to do so without worry. I am not pirating the software. And if I choose to later sell that PC, I think the person I sold it to should be able to use the Windows "X" on it without purchasing another license. Again though, I don't think the software companies want the full legalities of their EULAs tested in courts.
--
“Any claim that the root of a problem is simple should be treated the same as a claim that the root of a problem is Bigfoot. Simplicity and Bigfoot are found in the real world with about the same frequency.” – David Wong