Bad Deal Any Suggestions

[sig]

I know this is kind of off the subject but it has to due with a scuba shop and I thought I might get some recommendations on how to deal with my problem. I recently purchased a Aeris 300G off eBAY for $262.95. The seller who also has a store front and a online store had sent the item to my old address as I had bought a pair of fins from them in the past. I had emailed them my new address since I moved and eBAY also sent the new address, it was even on the money order and envelope and they still sent it to the wrong address. When I had not received the package I emailed them and found out that it was sent to my old address from the tracking number. They said they would put a trace on it and I should have it in 2 to 3 days. They suggested they charge me again and they would send another one and when they got the one back they would refund my money. I asked why they had to charge me and they said because I might have gone and got the item. I thought this was pretty ridiculous for them to make an accusation like this when they were the ones who messed up. Ticked off, I asked that they just send my money back. Still they said they could not until UPS confirmed they had the package back. They guaranteed I would have my money back within 2 1/2 weeks which passed the middle of last week. I emailed them on Thursday and said they needed to send my money back. They have still not replied so I filled out a form for eBAY's fraud protection and left negative feedback for them. UPS contacted me tonight since this was the second trace put on the package and they still have not got the package. If they do not send my money back is there any other recommended course of action I should take. I would also like to know if you think my current actions have been called for or do any of you think that I should have to wait till they get the package back. I have not listed the dealer because I don't know if that would open me up to any legal actions. They received my money order on 5-20-02. I was also curious if I might have any course of action through USPS as that is who I purchased the money order through.

Thanks

 

[Guam_Diver]

Good luck!! I've delt with e-bay a couple times....successfully even, but I won't anymore. I've read too many articles about people getting ripped off. Is there proof that it did arrive at your old address? I forget if you said that or not. Anyway, I wouldn't know what to do apart from calling e-bay & trying to talk to someone who can help. Again, good luck

 

[sig]

I've actually had goodluck on eBAY. I've had 40 transactions through them and never had one problem. Yes there is a tracking number confirming it was sent there and I also put a confirmation on the money I sent to them as I sent it USPS priority with delivery confirmation. I made every effort to make sure they got it fast and in return they talk to me like I am a criminal. I showed faith in them by sending the money and they show me none in return instead they make an accusation that I might have gone out of my way to get it then ask them for the money. This whole thing just ticks me off.

 

[art.chick]

...he will know how to chase down the perp!

But seriously, I would be furious, too! Remember the TV ad that informed postal customers that if they received something they did not order, they were entitled to keep it? That was in answer to unscrupulous businesses who sent out merchandise to unwitting recipients & then billed them. My guess is that someone got your reg, sold it, & that's all she wrote. If someone else got it, they probably figured it was insured & not their problem. However, it should not be YOUR problem.

If my Consumer Ed still is current, it's the Interstate Commerce Commission that deals with dishonorable mail-order. The Postal Service should also have an interest in potential fraud thru the US mail. It's a sorry day when a company is so chintzy that the best it can do for a paying customer is to accuse them of stealing their own merchandise. I sincerely hope that "capitolism" has not devolved into stealing from customers to make a buck on the hurry-up.

Not to diminish your loss, but this is why I pay more and get my gear at the LDS; a cheap reg is not cheap if I paid for it & don't get it. Best of luck getting a prompt & fair resolution. If you do not, defame the jerks all over the internet!

 

[scubabunny]

I don't think they are not trying to cheat you. I work in a wholesale and ship out orders everyday, and that is exactly the way we would handle it. But, one question you should ask is if it was shipped with a return receipt. In that case, someone has to sign for it, so if they did and haven't received it back, that means its lost.

The USPS starts an actual search for a package after 30 days of the shipping date. Then, in our experience, it has taken anywhere from 15-90 days to get a confirmation..then another 2 months to get reimbursed (of course...I'm in Guam..I would hope it would be quicker in the states).

We have had quite a few missing packages after 9/11, and if the customer was a regular, we would send out a replacement and just wait for a check. If it was a new customer...we had the same policy. I know you feel insulted, but they are probably just trying to cover their butt.

Oh...another thing I just thought about...did they ask you to fill out a post office claims form? I forget what the actual form number is, but you can pick it up at the post office. The receiver does have to fill it out stating that he didn't receive the item, and then send it to the sender. If they didn't, then I would ask them about it. And I would start to get suspicious.

I don't know if this helped or not, but good luck

 

[Rick Murchison]

My, my, my... things do get complicated.
Let's take a look at the parties involved.
(1) You. You placed an order and paid for it. You have not received the goods. You are still owed the merchandise or a refund. From the dive shop - no one else. All other issues surrounding the transaction are tangential - the bottom line is that the mistake is the dive shop's and it's up to them to fix it in a timely fashion.
(2) USPS. They provided a money order in exchange for money. Their business with you is complete.
(3) UPS. They either delivered the goods to the address on the package and collected a signature or they didn't. If they did, they've done their job and they too are out of the loop.
(4) The dive shop - they owe you the merchandise you paid for - or a full refund. The failure to deliver is theirs alone, and you owe them nothing. If the merchandise was shipped to the wrong address, and received by someone other than you after you gave them the correct address it is their - not your - responsibility to track down their stuff and get it back. In the meantime, any reputable business would have a replacement headed your way quickly, with an apology.
---------------------------------
Ok, now, let's look at some things that could have been done - and some that may still be an option. Never mind whose responsibility it is, or who's at fault... let's try to get your stuff.
(1) For mail order, either use a credit card or order COD. (There's an old saying in mail order - if a company won't ship COD they probably won't ship at all.) With a credit card, you can rescind the charge for non-delivery; with COD, if it doesn't get to you you don't pay. With e-bay there's a third option - they have an escrow account where you send the money; e-bay notifies the shop they have the money and the shop ships; when you get the product you notify e-bay and they pay the shop. No delivery at your end, no money to the shop.
(2) Who lives at your old address? Have you called them? Been to see them? Asked them if the package arrived?
(3) Who signed for the package? UPS will tell you - indeed, if you'll get the tracking number for me, I'll tell you. You can then check with the folks at the old address to see if that person's there. Of course, if the folks at your old address are real crooks the name on the receipt won't be the name of the folks living there... but again, that isn't your problem. It's between UPS and the dive shop. (the business about being able to keep unsolicited merchandise without paying for it only applies to goods addressed to the person who lives there - it absolutely does not apply to misdirected shipments or wrong addresses - the recipient has a duty to reject the shipment or to notify the shipper if the shipment is left there)
(4) If you uncover foul play at your old address, call the cops and file a formal complaint. (the dive shop still owes you the merchandise or the refund - I'd even consider charging 'em for my time in filing the complaint for 'em)
(5) As a last resort, haul the dive shop into your local small claims court. Once you have a judgement, then you can go to your state attorney general who'll go to the dive shop's state's attorney general who'll collect for you - plus the cost of all the bureaucrats to make the collection.. (Of course, if you let the dive shop know you're going this route they'll pay up immediately if they have two brain cells to rub together)
(6) If you end up having to go to small claims court, also file a formal complaint with the dive shop's Chamber of Commerce, their local Better Business Bureau, and, especially, any certification agencies with which they are affiliated.
Have fun on your adventure.
Rick

 

[Ladydiver]

I think Rick hit the nail on the head with this one. I have used Ebay and other mail-order services quite frequently and in my experience, it is never a good idea to send cash, a money order, a personal check or a cashier's check for merchandise that will be sent to you. Credit cards give you a method of recourse that is invaluable in a situation like this.

You also get the same type of protection with a Visa or Mastercard Check Card from your bank. Most banks offer them now and they work anywhere Visa or Mastercard is accepted. The funds come directly out of your bank account, but just like with a regular credit card, if you end up being double billed or you don't receive your merchandise, you simply dispute the charges and they go through there investigation. I have had to do this twice and I have always had positive results.

Another thing I just thought of is that they should have emailed you with the tracking number when the product was shipped out. If they have not provided you with the tracking number, demand that they provide it. If they can't or won't then I would get started on your small claims court filing ASAP and recommend that you follow the course of action Rick laid out for you.

Good Luck!

 

[sig]

Hi, Thanks for all the replies.

I just spoke to a manager with the company and he is guaranteeing me that I will receive my money within 2 weeks whether or not they have there item. I talked with him for almost a 1/2 hr asking why he couldn't send the money to me now and he said because that would be taking to much of a risk. He also apologized for the sales person making the accusation that I could have went and picked up the item. What really gets me is that his employees guarantee of having it to me last week doesn't mean anything. I have to wait for his guarantee. He is also passing the buck onto UPS now saying that they could have sent it to me my money as guaranteed if UPS hadn't canceled there first trace put on it. They have now placed another trace on it.

I appreciate the manager calling me and he also offered me free shipping next time but I think he should have followed through with the original guarantee. I informed him that I had no intention of doing business with them in the future nor would I recommend them to anyone unless it was sent tomorrow as I consider that the only way they could have handled this properly. He then said that that is black mail. I just don't think they understand that this is there fault and even if they didn't get there item back. Who cares they would have kept a customer. for something he admitted complete fault for.

So I guess I will wait another 2 weeks. He even told me I should say what a horrible business they are if I don't get it by that time.

 

[Rick Murchison]

Originally posted by sig
passing the buck onto UPS now saying that they could have sent it to me my money as guaranteed if UPS hadn't canceled there first trace put on it. They have now placed another trace on it.

Do you have the tracking number?
Something's NKR (Not Kwite Right) here.
Rick

 

[sig]

Yes, I have the tracking number but it only shows that it was delivered to the wrong address on May 28. When UPS called me they said they had no information about the original trace other that the fact that there was one made. They said to find out more that I would have to contact the dealer. Which after speaking with the dealer he told me that UPS had canceled the trace and he has no idea why. That is why he put a second trace on it.