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Answeredevga solved the problem

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sorag
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Re: not the competence of evga 2023/02/06 12:47:13 (permalink)
atfrico
sorag
how many more times do I have to write here that the Polish Post Office rejected the complaint?

Because EVGA, the receiver recipient, accepted the package as is = damage/empty knowingly the label said the weight of the package.
That is why the courier is not accepting any complaints from the sender because EVGA accepted the empty damage package and did not reported right away.
I understand now
exactly
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sorag
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Re: not the competence of evga 2023/02/06 12:55:26 (permalink)
Content of the email I received today from EVGA regarding my case:

Hello Dariusz,

 

Thank you very much for your message.

We have informed you what information we have.

Unfortunately, since your package did not contain any goods, we cannot help you.

 

In this case, the shipping service provider is responsible.

Kind regards

Your EVGA Customer Service
#62
sorag
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Re: not the competence of evga 2023/02/06 12:59:03 (permalink)
this is called a professional approach to a customer who bought goods from EVGA for $10,000
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ty_ger07
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Re: not the competence of evga 2023/02/06 13:07:14 (permalink)
rjohnson11
EVGA opens the box and examines it upon receipt. There was no item in the box. Somewhere during transit the item was stolen. Polish Post can claim whatever excuse they wish to give, but EVGA always inspects every single package they receive. I suggest that if you had the item insured that you file a claim with the Polish Post. If the Polish Post refuses the claim then you'll need to see what you need to do next. 

Please read again.

The post rejects the claim because the post has no evidence that the item was stolen. Since EVGA accepted the package as-is, the post cannot assist any further. The post believes that it was stolen after it reached EVGA, and has no evidence otherwise.

Therefore, it is EVGA's responsibility to correct the problem.

See it this way:
By signing acceptance of the package, EVGA tells the carrier that everything was fine. Then EVGA tells the customer that the video card is missing. Who is responsible? EVGA. It is obvious. The customer has no other course of action but to insist that EVGA fix the problem.
post edited by ty_ger07 - 2023/02/06 14:42:36

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#64
atfrico
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Re: not the competence of evga 2023/02/06 13:08:35 (permalink)
sorag
Content of the email I received today from EVGA regarding my case:

Hello Dariusz,

 

Thank you very much for your message.

We have informed you what information we have.

Unfortunately, since your package did not contain any goods, we cannot help you.

 

In this case, the shipping service provider is responsible.

Kind regards

Your EVGA Customer Service

Wow passing the buck (blame).👀

So EVGA is acknowledging the empty package but doesnt acknowledge that they didn't report it right away? Shady🙄
Look for a legal advice in this matter.

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sorag
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Re: not the competence of evga 2023/02/06 13:12:11 (permalink)
The package was full when I sent it and I have proof of it
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sorag
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Re: not the competence of evga 2023/02/06 13:15:44 (permalink)
legal advice?
I can't afford stuff like this :(
there are different laws in Poland and Germany and where should I look for it since EVGA does not see its fault :/
#67
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Re: not the competence of evga 2023/02/06 13:15:59 (permalink)
sorag
The package was full when I sent it and I have proof of it

Get an attorney is all i can say. You have the proof so is the courier.
There has to be someone that can help you getting this.back

Those who abuse power, are nothing but scumbags! The challenge of power is how to use it and not abuse it. The abuse of power that seems to create the most unhappiness is when a person uses personal power to get ahead without regards to the welfare of others, people are obsessed with it. You can take a nice person and turn them into a slob, into an insane being, craving power, destroying anything that stands in their way.
 
 
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#68
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Re: not the competence of evga 2023/02/06 15:22:33 (permalink)
An attorney (especially an international one) would cost way more than the value of the item.
 
I'm not sure if I missed anything, but who was the courier that handled the package after it left Poland/Germany?  I would assume USPS, DHL or UPS.. All should have a record of the weight when it entered their system and landed in the US.  Does that record match the weight of when you shipped from Poland Post?
 
Hopefully you can see EVGA's perspective if they received an empty box?  I doubt EVGA is trying to scam you out of an RMA GPU.
 

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#69
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Re: not the competence of evga 2023/02/06 15:48:42 (permalink)
sorag
I also understand that your job as a forum moderator is to downplay the whole thing

now that's funny.  I've never been asked, nor have the inclination to downplay a situation.  Nobody is padding my wallet.   My job perhaps is to be objective in helping you understand.  Rant all you want, I don't care.   I'm simply explaining the forum isn't going to help you achieve your goal here.  

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ty_ger07
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Re: not the competence of evga 2023/02/06 17:52:26 (permalink)
yaymz
I'm not sure if I missed anything, but who was the courier that handled the package after it left Poland/Germany?  I would assume USPS, DHL or UPS.. All should have a record of the weight when it entered their system and landed in the US. 

Landed in US? It was delivered to EVGA Europe HQ in Germany. EVGA Europe HQ accepted the package without reservations, and that is why the customer is not able to make headway filing a claim against the carrier. It is EVGA Europe HQ's responsibility to explain why they "accepted" a missing card or lost a card once it was accepted. Either way, the carrier has no record that it was missing, and the customer has nothing they can do.

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Re: not the competence of evga 2023/02/06 17:59:33 (permalink)
Dear sorag,
 
I am sorry to hear of your concern with your package.
 
Since the package arrived late in the afternoon on 12/23/2022 it makes sense that it would not be reviewed until the next business day 12/27/2022 (Holiday weekend).  Please understand that just like here in the U.S. the German office receives multiple packages at one time through the post, usually left at the front desk, and cannot always tell when there is a concern until the item is processed for receiving.
 
In this case I have reviewed the letter from the Polish post and it appears that they used a default response based on the wording in the letter.  I suggest that you consider to appeal the decision within the 14 days allotted in order to try and recover your insurance, since this item was either lost or stolen in transit prior to arriving to EVGA Germany.
 
"This decision may be appealed against to the Appeals Department, Customer Support Office via the Customer Support Office, ul. Łączyny 8 00-900 Warszawa within 14 days from the date of receipt of this letter"
 
I have also requested that our office in Germany tries to check with DHL to see what they can do, if anything, as it shows this was delivered by them as a postal item.
 
Please understand that we are trying to do what we can to help, but we did receive an empty box and are unable to warranty a product that was never received.  This should be corrected by the courier and that is why the recommendation is above for appealing their decision.
 
sorag
legal advice?
I can't afford stuff like this :(
there are different laws in Poland and Germany and where should I look for it since EVGA does not see its fault :/






#72
the_Scarlet_one
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Re: not the competence of evga 2023/02/06 18:15:22 (permalink)
Was the package delivered in a large delivery shipment or was it an individual card?


If it was in a large shipment, did EVGA actually put hands on the box when it arrived or did they wheel in a cart for processing when they got a moment?

If it was with other products that was coming in, why would EVGA know the contents of each and every box?

I’m trying to get an understanding because EVGA has always had a processing time from when a package is dropped at the RMA facility to the time the package is processed through the RMA center. Over a holiday week, it is always a delayed process. I would assume that just like any other RMA processing facility, there are cameras to make sure employees are doing their jobs properly and for protection of the clients products.

Hell, a member from Australia posted how EVGA destroyed his motherboard cpu socket, and even had the nerve to accuse evga of trying to steal from him when it was later exposed that the member had dropped and broken the motherboard before shipping.

I’m not remotely implying evga is innocent, but making this whole process into “evga intentionally accepted the package that was empty” or “evga is at fault” is very narrow minded. The shipping company has cameras and should be scanning the package as it goes through the process. Shouldn’t they be verifying weights along the way?

It seems like it would be super easy for the driver to steal whatever they want if they are just allowed to get a signature and walk away without repercussions for stealing the contents of a package. It would be incredibly easy to mix in an empty package into a large shipment and then just bankroll all the loot that was stolen, and then the shipping company just absolutely refuse the customer under the guise that they aren’t responsible for the company accepting an empty box. It seems far more plausible that the shipping company is pulling a fast one and praying you fall for it.
#73
ty_ger07
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Re: not the competence of evga 2023/02/06 18:29:28 (permalink)
the_Scarlet_one
I’m not remotely implying evga is innocent, but making this whole process into “evga intentionally accepted the package that was empty” or “evga is at fault” is very narrow minded. The shipping company has cameras and should be scanning the package as it goes through the process. Shouldn’t they be verifying weights along the way?

The problem is:
1) The customer has clearly stated that they tried to rectify the issue for.... what... a month?... and explained over and over what the problem is, but it took 3 pages for some people to read what they wrote and stop recommending that they do what they have already done. That alone isn't a positive experience and makes me frustrated on their behalf.
2) The customer is completely powerless and did everything they needed to do. This is an issue between the carrier and EVGA. EVGA's lack of care or initiative is disturbing.
3) It is EVGA's responsibility to run its company properly to prevent such scenarios. People carelessly accepting shipments or taking the day off early is EVGA's problem, not the customer's. If EVGA can't settle it with the carrier, EVGA should make it right one way or another. ... Not tell the customer "sorry, we can't do anything. We have policies and we don't think we need to do anything to help you."
4) EVGA EU has a history of failing to properly accept packages and failing to keep staff at work doing their jobs during scheduled hours. They don't run a tight ship and they make lots of mistakes. It's hard to doubt that EVGA EU is at fault.
post edited by ty_ger07 - 2023/02/06 20:00:20

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#74
the_Scarlet_one
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Re: not the competence of evga 2023/02/06 18:46:37 (permalink)
ty_ger07
The problem is:
1) The customer has clearly stated that they tried to rectify the issue for.... what... a month?... and explained over and over what the problem is, but it took 3 pages for some people to read what they wrote. That alone isn't a positive experience and makes me frustrated on their behalf.
2) The customer is completely powerless and did everything they needed to do. This is an issue between the carrier and EVGA. EVGA's lack of care or initiative is disturbing.
3) It is EVGA's responsibility to run its company properly to prevent such scenarios. People carelessly accepting shipments or taking the day off early is EVGA's problem, not the customer's. If EVGA can't settle it with the carrier, EVGA should make it right one way or another. ... Not tell the customer "sorry, we can't do anything. We have policies and we don't think we need to do anything to help you."
4) EVGA EU has a history of failing to properly accept packages and failing to keep staff at work doing their jobs during scheduled hours. They don't run a tight ship and they make lots of mistakes. It's hard to doubt that EVGA EU is at fault.


I appreciate your opinion, and disagree with you. You are taking one side of the story and running with it. If a shipper is intentionally doing this, knowing they can take advantage of a client and customer, that is the shippers fault.

Hell, it was just said that DHL delivered the package.. did I miss that part before? I was sure that a completely different shipper had the insurance on the package, not DHL. If DHL took ownership from another source, wouldn’t the package be verified in between, weight verified, package verified? OP has never mentioned that DHL had ownership of their package, only polish post. Why didn’t polish post tell the OP that?
#75
ty_ger07
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Re: not the competence of evga 2023/02/06 19:57:45 (permalink)
I figure that there are only 2 possibilities which really matter, and either way, EVGA has failed.  Sure, I am taking the customer's side, but what is the other side?  There is no other side which benefits EVGA.
 
1) EVGA did sign for accepting the shipment.
2) EVGA did not sign for accepting the shipment.
 
If option 1), that is a legal document which now restricts the customer's ability to resolve the issue by pursuing the carrier.  Whether EVGA signed in error, or as a standard practice due to lack of time or resources, it is not the customer's problem.  It is EVGA's responsibility to fix the situation and leave the customer whole.  If it is a matter of policy due to lack of time or resources, EVGA has to understand that time and money saved sometimes costs you.  Pay up.  Cost of business.  If it is in error, too bad.  Cost of business.
 
If option 2), why isn't EVGA assisting?  The customer has zero proof that the carrier is lying.  The customer lives in a different country and doesn't appear to even know who all the carriers were.  How can EVGA expect the customer to resolve it on their own with zero evidence?  The shipper said that EVGA accepted the package.  What can the customer do to refute it?  Nothing!  The customer has zero evidence either way.  EVGA and the carrier are the only people involved who have evidence.  EVGA's response of 'we legally do not have to do anything' is the WRONG ANSWER.  It creates a LOT OF DOUBT.
post edited by ty_ger07 - 2023/02/06 19:59:18

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#76
bill1024
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Re: not the competence of evga 2023/02/06 20:19:06 (permalink)
EVGA can't open every package in front of the mailman. no mailman is going to stick around for a hour ot two while they inspect every box.
Op needs to get a letter from EVGA stating the box was empty, and make an appeal right away before the 14 days are over.
Go after every carrier who had their hands on the box. I am sure EVGA can get in touch with the carriers and help with the process.
EVGA gets an empty box. How do they know that there was ever a GPU in it all. None of us knows for sure. OP says so.
Got a video of it being boxed and dropped off? I believe the OP but I am sure people try all kinds of things to get over all the time.
 

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atfrico
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Re: not the competence of evga 2023/02/06 22:53:44 (permalink)
EVGATech_ChrisB
 
In this case I have reviewed the letter from the Polish post and it appears that they used a default response based on the wording in the letter.  I suggest that you consider to appeal the decision within the 14 days allotted in order to try and recover your insurance, since this item was either lost or stolen in transit prior to arriving to EVGA Germany.
 
I have also requested that our office in Germany tries to check with DHL to see what they can do, if anything, as it shows this was delivered by them as a postal item.
 
Please understand that we are trying to do what we can to help, but we did receive an empty box and are unable to warranty a product that was never received. 




Thank you for the response and clarifying the discrepancy EVGATECH_ChrisB.
This is very unfortunate for the OP and i believe the EVGA Team in Europe will get a faster response.
If the courier acknowledged the package was stolen en route to the EVGA office then is the courier fault for being negligent in securing the package to its destination.
EVGA should make a joint complaint with the customer against the courier for:

1) failing to deliver the product securely to its destination.
2) misleading EVGA by delivering a damage/empty box.

I would suggest the OP and EVGA to look up the couriers protocol when items are stolen in couriers premises or en route to the destination.
In my experience the shipper (courier) is at fault for the stole item.

Those who abuse power, are nothing but scumbags! The challenge of power is how to use it and not abuse it. The abuse of power that seems to create the most unhappiness is when a person uses personal power to get ahead without regards to the welfare of others, people are obsessed with it. You can take a nice person and turn them into a slob, into an insane being, craving power, destroying anything that stands in their way.
 
 
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sorag
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Re: not the competence of evga 2023/02/06 23:29:45 (permalink)
I remind those who have not read everything that I have a confirmation of sending the package with the exact weight of 1 kilo 480 grams and photos from EVGA in which the box with the shipment is empty and weighs 300-400 grams
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sorag
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Re: not the competence of evga 2023/02/06 23:41:40 (permalink)
bill1024
EVGA can't open every package in front of the mailman. no mailman is going to stick around for a hour ot two while they inspect every box.
Op needs to get a letter from EVGA stating the box was empty, and make an appeal right away before the 14 days are over.
Go after every carrier who had their hands on the box. I am sure EVGA can get in touch with the carriers and help with the process.
EVGA gets an empty box. How do they know that there was ever a GPU in it all. None of us knows for sure. OP says so.
Got a video of it being boxed and dropped off? I believe the OP but I am sure people try all kinds of things to get over all the time.
 
I remind those who have not read everything that I have a confirmation of sending the package with the exact weight of 1 kilo 480 grams and photos from EVGA in which the box with the shipment is empty and weighs 300-400 grams
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Re: not the competence of evga 2023/02/07 00:35:57 (permalink)
 
For any higher value items, I always pay extra for insurance no matter who I am shipping with. 
 
As far as I am aware, the recipient (EVGA) cannot file a claim with a shipping company, only the party that purchased the shipping label can initiate any claim.
 
It is, imho, completely unreasonable for the shipping company to expect the recipient to check the weight of every parcel against the shipping label on receipt, particularly when it's delivered to a company like EVGA which may have UPS (or whoever) drop off a stack of dozens of packages in one delivery, and in this case I believe it was a weekend (or holiday weekend?) as well.
 
Once EVGA found the box was empty, they notified the sender, and that is all they can do - the sender has to initiate the claim with the shipper.
 
It sounds to me like the shipping company are 100% at fault, not EVGA, and they are refusing to honor their commitment to deliver a parcel intact that they were paid to deliver. This is not EVGA's fault at all, going on what I have read here.
 
You had an option to appeal, I hope you used it. I would then take them to small claims court (if you have the equivalent in Poland) along with a letter from EVGA confirming the parcel was received empty, and your receipt showing the weight when sent. If it went through several carriers, that is not your problem - the onus is on whoever you paid to ship the item, which I believe was Polish Post Office. If it's anything like the US Post Office, trying to deal with them is basically impossible, and I believe that is by design, so small claims court would be your next option if the appeal fails. Small Claims Court here in NYC is for items up to US$5,000 and you do not have to have a lawyer if you don't want to, but make sure you document everything. I hope you have some similar option in Poland. Quite possible the Post Office won't even turn up to a small claims hearing and you will be awarded your claim by default.
 
Again, I sympathize for sure, but I don't see this as being EVGA's fault, sorry.
 
Good luck.
 
post edited by Nereus - 2023/02/07 00:38:27


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#81
sorag
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Re: not the competence of evga 2023/02/07 01:15:55 (permalink)
I agree that each side is right (EVGA, Kurier) and everyone on this forum has the right to express themselves.
I started a topic on the forum because I am helpless and wanted to point out that such things happen.
I'm not going to extort anything from anyone, I just want to get my graphics card back for which I paid hard-earned money when these cards cost $ 2600 in February 2022 :/ in Poland it's really a lot of money :/
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the_Scarlet_one
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Re: not the competence of evga 2023/02/07 03:18:29 (permalink)
I have never had a package delivered, even with signature, where I signed for it, and then alerted the shipping company or the original company that the package was either damage or missing contents, come back and say “suck it up, you signed for it, the insurance you paid for no longer applies.”

Polish Post is lying to you. Polish post knows that it was a holiday weekend. Polish post knows you are defenseless. Polish Post does not care about you or your issues. Polish post is counting on the fact that you are defenseless.
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sorag
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Re: not the competence of evga 2023/02/07 03:27:55 (permalink)
the_Scarlet_one
I have never had a package delivered, even with signature, where I signed for it, and then alerted the shipping company or the original company that the package was either damage or missing contents, come back and say “suck it up, you signed for it, the insurance you paid for no longer applies.”

Polish Post is lying to you. Polish post knows that it was a holiday weekend. Polish post knows you are defenseless. Polish Post does not care about you or your issues. Polish post is counting on the fact that you are defenseless.
:/
#84
the_Scarlet_one
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Re: not the competence of evga 2023/02/07 03:35:52 (permalink)
I understand the stress you are under right now. Hopefully this gets resolved soon.
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sorag
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Re: not the competence of evga 2023/02/07 03:38:53 (permalink)
the_Scarlet_one
I understand the stress you are under right now. Hopefully this gets resolved soon.
Thank you
#86
yatz10
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Re: not the competence of evga 2023/02/07 07:57:15 (permalink)
man this is terrible, best of luck. maybe if enough people say it will help --- EVGA should make this right. 
I know i'm repeating but EVGA accepted the package. Details aside that's their error & that simple fact hosed their customer. They need to own up to that.

EVGA X299 Dark | i9-7920x @ 4.8GHz | 32gb 3600cl15 | RTX3070 XC

#87
sorag
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Re: not the competence of evga 2023/02/07 08:02:11 (permalink)
yatz10
man this is terrible, best of luck. maybe if enough people say it will help --- EVGA should make this right. 
I know i'm repeating but EVGA accepted the package. Details aside that's their error & that simple fact hosed their customer. They need to own up to that.
yatz10 Thank you
#88
atfrico
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Re: not the competence of evga 2023/02/07 08:11:17 (permalink)
yatz10
man this is terrible, best of luck. maybe if enough people say it will help --- EVGA should make this right. 
I know i'm repeating but EVGA accepted the package. Details aside that's their error & that simple fact hosed their customer. They need to own up to that.

That's the point but also the courier acknowledged the package was stolen in transit.... so in conclusion both EVGA and the courier has to provide a reimbursement to the customer.
I can say the courier have to cover most of the cost of the product and EVGA can complete the rest, just to make it fair.
All this stress because someone decided to play the grinch with the OP's GPU 🙄.

Those who abuse power, are nothing but scumbags! The challenge of power is how to use it and not abuse it. The abuse of power that seems to create the most unhappiness is when a person uses personal power to get ahead without regards to the welfare of others, people are obsessed with it. You can take a nice person and turn them into a slob, into an insane being, craving power, destroying anything that stands in their way.
 
 
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#89
EVGATech_MarkusK
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Re: not the competence of evga 2023/02/07 08:22:11 (permalink)
Hi Sorag,
 
as this package was empty, we have not signed for - you can request the signature track at the DHL page and open an investigation by Warsaw Post & DHL.
 
Additional we provided some pictures already, how the package was left at the front door.
 
Markus
#90
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