E-mailed Circuit City and complained about the Netpliance letter and got this back in return. What I want to know is how they plan to find out if 1) The customer actually buys the unit, and 2) How they are going to bill the customer if they supposedly don't have a credit card number. :)
-- acad
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Dear xxxxxxxxxxxxxxxx:
Thanks for sending in your concern online. We have been receiving some calls and
messages regarding a letter that Netpliance sent to some of our customers who
have the i-opener on backorder. Most of the concerns revolve around customer
credit card information. Before I go further, let me clarify that we are not
giving Netpliance any credit card information of our customers.
A few weeks ago we provided Netpliance with the names and addresses of customers
who had the i-opener on backorder. This was done solely for the purpose of
advising the customer that modifications had been made to future stock of the
unit to prevent it from being used for a purpose other than what it was intended
for, and to ensure that the customer had the opportunity to cancel his/her order
if the customer no longer wished to purchase an i-opener unit. The letter sent
by Netpliance also contained a summary of the Terms of Sale established by
Netpliance and included with each unit. Please be aware that these terms are
between Netpliance and the customer only, and we will not be administering the
terms nor will we give Netpliance a customer's credit card information. Any
customer questions regarding the Terms of Sale should be directed to Netpliance.
Please see below for a copy of what the body of the letter contains.
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Letter from Netpliance:
Dear Circuit City Customer,
We are writing on behalf of Circuit City regarding the i-opener that you
recently ordered. The product you ordered has been discontinued, but there is a
new model at the same price and includes all the benefits of the i-opener. The
difference is that modification of the i-opener in any way is no longer
physically possible in the new model.
In connection with your purchase of the new i-opener model you will need to
activate an i-opener service account to be able to use the i-opener and agree to
the Terms of Sale below. The fee for the service is $21.95 per month and will
be billed approximately 2 days after you purchase the product.
If you wish to cancel your order, or for a refund if you pre-paid, please
contact the Circuit City location where you ordered your i-opener.
Sincerely,
The Netpliance Team
Terms of Sale
By opening the i-opener box from Netpliance, I understand and agree that
purchasing the i-opener is contingent upon use with the activation of a new
i-opener account. I further understand and agree that if I fail to activate the
i-opener account within 30 days of purchase or cancel before 90 days after
purchase date, Netpliance is authorized to charge my credit card a $499 fee
representing the full value of each i-opener system purchased. I understand
that the fee does not apply if the i-opener system is returned to the place of
purchase in new condition with all components and the seal on the physical
hardware is not broken, within 30 days of purchase. I have read the above
conditions and understand my obligations under this agreement. I agree and
consent to the delivery and transfer of my name, phone number, and address to
Netpliance to activate my new i-opener account.
Thanks for visiting CircuitCity.com.
Sincerely,
Paul Carmichael
CircuitCity.com
Consumer Affairs Internet Specialist
http://www.circuitcity.com
