Don't buy from "Rhythm Nation" unless you are sure! or "A lesson Learnt"

[SimonDreyer]

Hi Folks
I recently purchased a "Missing Link" wireless midi interface to use with the new AxePad and unfortunately after a lot of testing (I even shipped the unit to the programmer who wrote Axepad) it seems it is NOT capable of sending SysEx messages so will NOT work. I contacted the supplier "Rhythm nation" in Australia and asked if it was possible to get a refund as the manufacturers information really didn't make it clear (they apologized and suggested I ask the supplier for a refund) . I was refused and given the excuse that I had exceeded the stores "return policy" (I have a thing about people who hide their moral obligations behind polices) but given a store credit. Now I am a guitar player with an Axe-II so there is absolutely nothing I want or need from their shop (they sell mainly synth modules). I explained this and even offered to pay any expenses they had incurred but but still NO. So I sent them this email:

"The semantics of OSC, COREMIDI or SysEx does not alter the fact that I am in possession of a device that does not do what I intended when I purchased it in good faith. At the end of the day you are simply saying to me “Fuck you, I have got your money now and I am not giving it back regardless”. I have even offered to cover any costs you have incurred, what more can I do?

There seem to be two scenarios:
a) You refund my money less the freight, I lose on the cost of the freight, but have the money to purchase what I originally wanted, that you can’t supply, you are no better or worse off.
b) You don’t refund my money, I lose by having to purchase something I don’t want or need and have no money to purchase what I do need and you can’t supply, you make a profit.

So you can see that either way I lose, you don’t, but you choose to take the option where I lose appreciably more and you make a profit!

What can I say?"

Am I wrong, naive or just live by a different set of ethics?

Cheers S

 

[Manning]

OK, if you are in Australia then you are covered by consumer law on the basis that the product did not work as advertised or expected. "As expected" means anything where you would have "a reasonable basis to believe would be the case."

As Sysex is a part of the MIDI standard, it is reasonable to assume that a failure to include this should be clearly identified. As this does not appear to be the case, then you have fair grounds to return the product on the basis "did not perform as expected".

You are entitled to ask for a refund in cash and the retailer has no legal right to refuse. Assemble your correspondence with the retailer and lodge a complaint with the Dept of Fair Trading in your state (called Dept of Consumer Affairs in Vic).

A legal point: When you buy a product you do not form a legal relationship with the supplier, except for warranty purposes. The contract of sale is exclusively between you and the retailer. Hence it is unlawful for them to tell you to contact the supplier for anything other than a warranty concern.

 

[CyberFerret]

Hey Simon,

So sorry to hear about this! What a pain.

As an aside for those who don't know the background - I am the programmer that Simon has referred to above. When Simon kindly sent me the Missing Link device so I could work out a way to make the iPad talk wirelessly to the Axe-FX, I went to the manufacturers (Jabrulink Industries) site and browsed around the forums for some technical information. Unfortunately, looking at the questions and responses on the site, it looked like the Missing Link could SEND sysex messages, but not interpret them and send them BACK to AxePad, or TouchOSC or any other client device.

The Jabrudian rep on the forums even offered to refund the cost of the device to a couple of users when it was discovered that the device would not suit their needs. It's a pity that Jabrudian's local distributor will not honour that in the same spirit.

I'd go with what Manning suggested above. Hope that when Rhythm Nation gets a letter from the Dept. of Fair Trading, they will change their minds...

Best of luck!
Devan

 

[LAYGO]

I'm glad to read this as I've been considering the Missing Link for awhile (not in terms of business practices, but for technical functionality). Still continuing my search for an Android MIDI solution.