A vendor has bait-and-switch scammed me. What are my rights?

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zinfamous

No Lifer
Jul 12, 2006
110,802
29,553
146
It's a harsh reality when buying high quality, made-to-order musical instruments.

Bullshit. If they're high quality, they can just turn around and sell them elsewhere.

If it's a serious instrument, no one in the know would turn their nose at it if it becomes available.

Oh, this is DW?

:hmm:
 
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jlee

Lifer
Sep 12, 2001
48,512
220
106
Looks like I ordered it 125 days ago. The chargeback time limit is 120 days... I'm getting screwed pretty bad.

When was your card actually charged? Even if it was charged immediately, it's still worth a call to the credit card company - they may still be able to do something for you. If your invoice was modified today, I would think that should reset your chargeback clock, even if they didn't actually charge the card at that point.
 

slugg

Diamond Member
Feb 17, 2002
4,722
73
91
Bullshit. If they're high quality, they can just turn around and sell them elsewhere.

If it's a serious instrument, no one in the know would turn their nose at it if it becomes available.

Oh, this is DW?

:hmm:

It's DW's policy that you *must* order from one of their authorized dealers. You can't order from DW directly. My problem is not with DW, it's with the dealer.

When was your card actually charged? Even if it was charged immediately, it's still worth a call to the credit card company - they may still be able to do something for you. If your invoice was modified today, I would think that should reset your chargeback clock, even if they didn't actually charge the card at that point.

There's no telling when they actually changed the order. The ONLY invoice I got from them was the automated invoice received during checkout (just like any other online store, so I never thought twice about it). Today, after getting off the phone with them, they emailed me an invoice dated one day after I placed the order with the changes. Over the 17 weeks that it took to fill the order, I called every week for a status update and spoke to the same person each time. He never mentioned that they removed the drums. In fact, he kept referring to it as the "7 piece DW kit" each time I called. The first mention of my order being changed was today.

To be clear, I never authorized any change to my order. If they would have asked me, I would have refused it.

I'll check the credit card statement tomorrow and give my bank a call. Sleep time for now.

Edit: I'm pissed because this is a difference of almost $400, plus it takes a minimum of 10 weeks to get the damn drum made to order!
 
Last edited:

jlee

Lifer
Sep 12, 2001
48,512
220
106
It's DW's policy that you *must* order from one of their authorized dealers. You can't order from DW directly. My problem is not with DW, it's with the dealer.



There's no telling when they actually changed the order. The ONLY invoice I got from them was the automated invoice received during checkout. Today, after getting off the phone with them, they emailed me an invoice dated one day after I placed the order with the changes. Over the 17 weeks that it took to fill the order, I called every week for a status update and spoke to the same person each time. He never mentioned that they removed the drums. In fact, he kept referring to it as the "7 piece DW kit" each time I called. The first mention of my order being changed was today.

To be clear, I never authorized any change to my order. If they would have asked me, I would have refused it.

I'll check the credit card statement tomorrow and give my bank a call. Sleep time for now.

Best of luck!
 

zinfamous

No Lifer
Jul 12, 2006
110,802
29,553
146
It's DW's policy that you *must* order from one of their authorized dealers. You can't order from DW directly. My problem is not with DW, it's with the dealer.



There's no telling when they actually changed the order. The ONLY invoice I got from them was the automated invoice received during checkout (just like any other online store, so I never thought twice about it). Today, after getting off the phone with them, they emailed me an invoice dated one day after I placed the order with the changes. Over the 17 weeks that it took to fill the order, I called every week for a status update and spoke to the same person each time. He never mentioned that they removed the drums. In fact, he kept referring to it as the "7 piece DW kit" each time I called. The first mention of my order being changed was today.

To be clear, I never authorized any change to my order. If they would have asked me, I would have refused it.

I'll check the credit card statement tomorrow and give my bank a call. Sleep time for now.

Edit: I'm pissed because this is a difference of almost $400, plus it takes a minimum of 10 weeks to get the damn drum made to order!

yes, GL with that. I didn't expect it to be an issue with DW. regardless--the dealer will have no problem selling off a returned DW set. that is ridiculous. If nothing else, do the "'ol threat to BBB" maneuver.

I'm guessing you didn't charge on an Amex? they are generally top notch with charge backs and settling these type of issues.
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
It shouldn't matter when you ordered it, just when they charged it. If they charged you 4 months ago, then that wasn't too bright on your part.
 

DaTT

Garage Moderator
Moderator
Feb 13, 2003
13,295
118
106
Keep us posted. I am interested to see how this turn out.
 

Tweak155

Lifer
Sep 23, 2003
11,448
262
126
Having run a business for a while, I've screwed myself on shipping charges by charging the customer too little or nothing at all. What I did was send them an email stating shipping was miss charged for their order and that this time it is on us, next time you will receive an increased charge. But my margin of loss is probably a lot less than that drum, still no justification for it.
 

TwiceOver

Lifer
Dec 20, 2002
13,544
44
91
It's a harsh reality when buying high quality, made-to-order musical instruments.

Yea, but you got drums :^P

Not understanding this...

He was making a joke that drummers are just monkeys that hit buckets. How special can a bucket really be.

The situation does suck. You could try to return, but something tells me if these are truly "made to order" then you probably agreed to some type of NCNR policy. But then again if the company had a 15% off coupon they probably aren't "that" special. Keep fighting and don't bang on them until you have resolution, otherwise they are used and the manufacturer really shouldn't take them back.
 

Jeraden

Platinum Member
Oct 9, 1999
2,518
1
76
If they really waited until the chargeback period expired to send you your stuff, it almost seems like that was intentional. I got screwed by that same thing about 10 years ago (bought something, kept having issues getting it delivered, by time company finally acted and didn't provide what I ordered, chargeback period expired).
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
Well in their sales pitch, the drum was "free" with the purchase of the 5 piece kit. We all know it isn't actually free; it's just a marketing gimmick. So what's to stop them from saying "okay, here's a refund for $0.00"?

...derp?

you were offered a product. that product goes for say $100. they are offering that free if you buy the deluxe 5 piece kit!

you are due $100 or the item.
 

Jeeebus

Diamond Member
Aug 29, 2006
9,180
897
126
If you really want the drum, here is your best option.

1A (if you have time on your hands) - Draft a letter to both the Illinois and Florida Attorney General offices. Detail what happened. State your belief that you have been defrauded by their business practices and you are asking them to investigate. If you want to get fancy, state that the conduct is a violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) (you can look up the equivalent for Illinois).

Send the letter to the company - if it's registered to do business in Illinois (Inc., LLC, etc.) run a search of the name here: http://www.ilsos.gov/corporatellc/

Get the name of the registered agent and/or president/owner. Send the letter with a note that if you don't hear back from them within X days, you send your letter to the Attorneys General and then proceed with your own legal action.

Profit.

1B (if you have less time) - Call the company and tell them you're going to do everything in 1A if you don't get the drum.


Fucking around with credit card chargebacks is not going to get you the drum.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
If you really want the drum, here is your best option.

1A (if you have time on your hands) - Draft a letter to both the Illinois and Florida Attorney General offices. Detail what happened. State your belief that you have been defrauded by their business practices and you are asking them to investigate. If you want to get fancy, state that the conduct is a violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) (you can look up the equivalent for Illinois).

Send the letter to the company - if it's registered to do business in Illinois (Inc., LLC, etc.) run a search of the name here: http://www.ilsos.gov/corporatellc/

Get the name of the registered agent and/or president/owner. Send the letter with a note that if you don't hear back from them within X days, you send your letter to the Attorneys General and then proceed with your own legal action.

Profit.

1B (if you have less time) - Call the company and tell them you're going to do everything in 1A if you don't get the drum.


Fucking around with credit card chargebacks is not going to get you the drum.

this is the best advice i have seen. do it.
 

guyver01

Lifer
Sep 25, 2000
22,151
5
61
i'm a little curious...

Bait & Switch is when customers are "baited" by advertising for a product or service at a low price; second, the customers discover that the advertised good is not available and are "switched" to a costlier product.


What exactly where you switched to that cost you more?
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
If the coupon was in error then they should have contacted you and cancelled the whole order. In hindsight, when did the charge go through and why didnt you check it? I bet a dollar to a donut, that the shopping cart had somewhere a checkbox or option about what to do if the item is not in stock, with the option of ship when in stock, or cancel the order, or some other option. I always check the cancel option. If I give someone money I want to receive the goods right away or not at all. Just give me a refund.
 

Azraele

Elite Member
Nov 5, 2000
16,524
29
91
You might be able to get them based on FTC 30 day rule guidelines. Did they tell you when the order was going to ship, or did they just leaving you hanging from June until now?

"The FTC describes its Mail or Telephone Order Merchandise Rule [16 C.F.R. § 435.1] as follows:

The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule."

If, after taking the customer’s order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment. If you cannot obtain the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise.

Online merchants who say that they will deliver on a certain date must do so. Online merchants who do not say when they will deliver must do so within 30 days. If they do not, then the consumer gets their money back - sending the goods late does not cut it."
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
Sounds like you stacked non-concurrent offers using a glitch in their checkout process.

I doubt they are obligated to do anything for you. The person who said that it would apply to your "current" shopping cart probably didn't realize that your current cart had an expired deal in it, so their word may not mean much.

Good luck.

This is what I got out of it. Buyer figured an exploit and probably didn't explain it that way when he called in to verify his cart. IMHO getting the register girl in a store to tell you it's ok to shoplift doesn't really give you the permission.
 

slugg

Diamond Member
Feb 17, 2002
4,722
73
91
i'm a little curious...

Bait & Switch is when customers are "baited" by advertising for a product or service at a low price; second, the customers discover that the advertised good is not available and are "switched" to a costlier product.


What exactly where you switched to that cost you more?

They removed an item without lowering the price. Imaging you went to go buy a car, you paid for it at the agreed price, but they gave you the 4 cylinder version instead of the 6 cylinder that you paid for. Same price, though.

If the coupon was in error then they should have contacted you and cancelled the whole order. In hindsight, when did the charge go through and why didnt you check it? I bet a dollar to a donut, that the shopping cart had somewhere a checkbox or option about what to do if the item is not in stock, with the option of ship when in stock, or cancel the order, or some other option. I always check the cancel option. If I give someone money I want to receive the goods right away or not at all. Just give me a refund.

I *did* check it. I was charged the exact amount shown in the shopping cart and my invoice. As for your bet, the donut would take your dollar.

You might be able to get them based on FTC 30 day rule guidelines. Did they tell you when the order was going to ship, or did they just leaving you hanging from June until now?

They said it would take "45-60+ days" and it took 125 days.

This is what I got out of it. Buyer figured an exploit and probably didn't explain it that way when he called in to verify his cart. IMHO getting the register girl in a store to tell you it's ok to shoplift doesn't really give you the permission.

Nope, I was 100% clear. Why didn't the dollar amount change when they charged me? Why didn't they cancel the order? I'm not in error here and I didn't try to "exploit" anyone. I saw a 15% off coupon, asked if I could use it, got the green light, tried to use it, and it worked. If they're having seller's remorse, it's not my problem. They should have contacted me if it was a problem.

----

I'm going to wait a couple hours for them to open and then give them a call. I'll see if we can resolve this directly. If not, the next step is to try to convince my bank to issue a chargeback even though it's 5 days over the limit. Thanks, all, for the advice.
 

CRXican

Diamond Member
Jun 9, 2004
9,062
1
0
It was a free item, why would they lower the price? You agreed to pay whatever price the other drums cost. Then you went and used a coupon.

It ain't easy running a business when people try to squeeze every cent out of you.
 
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