Thoughts on vendor policy that issues store credit for items not shipped.

[exnisstech]

Back ground. I placed an order for 3 clams. The evening before shipping at 7:20pm I received an email stating one of the clams did not look good. At 7:23pm I received an email stating a replacement may be available. At 8:19pm I received an email stating the items have shipped. I received no phone calls prior to shipping even though the vendor states they called. I did not see the emails until later in the evening. I received two of the three clams I purchased. The vendor policy states if a coral is not shipped because of heath issues a store credit will be issued. First off I did not purchase coral I purchased clams so does the policy even apply? If a vendor fails to fulfil an order should I not receive a refund for that item that I did not receive? Why should I be required to make further purchases? What is to prevent the vendor from saying another piece was not fit to ship so another store credit is issued. I understand doa policy and that things happen. The vendor just failed to ship an item. I'm venting but also looking for opinions. Am I being unreasonable requesting a refund for the item not shipped? I am not asking for any shipping credit simply a refund of the purchase price for the item not shipped. TIA

 

[FUNGI]

I believe under Consumer Protection Laws, they can hold your $$ for 30 days, after which they have to refund..... however, they did also let you know the policy....I would just ask for refund and see what they say. You also have your credit card protection......assuming you paid via CC.

 

[FUNGI]

Your Rights When You Shop by Mail, Online, or by Phone​

The federal Mail, Internet, or Telephone Order Merchandise Rule applies to most things you order by mail, online, or by phone. It says:

• Sellers have to ship your order within the time they (or their ads) say. That goes whether they say “2-Day Shipping” or “In Stock & Ships Today.” If they don’t give a time, they must ship within 30 days of when you placed your order.
• If there’s a delay shipping your order, the seller has to tell you and give you the choice of either agreeing to the delay or canceling your order for a full refund.
• If the seller doesn’t ship your order, it has to give you a full refund — not just a gift card or store credit.

What To Do if You’re Billed for Things You Never Got, or You Get Unordered Products

Billed for products you never ordered, or for products you ordered but never got? Federal laws protect you. Here's what to do.

consumer.ftc.gov

 

[FUNGI]

 

[Ratt]

Back ground. I placed an order for 3 clams. The evening before shipping at 7:20pm I received an email stating one of the clams did not look good. At 7:23pm I received an email stating a replacement may be available. At 8:19pm I received an email stating the items have shipped. I received no phone calls prior to shipping even though the vendor states they called. I did not see the emails until later in the evening. I received two of the three clams I purchased. The vendor policy states if a coral is not shipped because of heath issues a store credit will be issued. First off I did not purchase coral I purchased clams so does the policy even apply? If a vendor fails to fulfil an order should I not receive a refund for that item that I did not receive? Why should I be required to make further purchases? What is to prevent the vendor from saying another piece was not fit to ship so another store credit is issued. I understand doa policy and that things happen. The vendor just failed to ship an item. I'm venting but also looking for opinions. Am I being unreasonable requesting a refund for the item not shipped? I am not asking for any shipping credit simply a refund of the purchase price for the item not shipped. TIA

Back ground. I placed an order for 3 clams. The evening before shipping at 7:20pm I received an email stating one of the clams did not look good. At 7:23pm I received an email stating a replacement may be available. At 8:19pm I received an email stating the items have shipped. I received no phone calls prior to shipping even though the vendor states they called. I did not see the emails until later in the evening. I received two of the three clams I purchased. The vendor policy states if a coral is not shipped because of heath issues a store credit will be issued. First off I did not purchase coral I purchased clams so does the policy even apply? If a vendor fails to fulfil an order should I not receive a refund for that item that I did not receive? Why should I be required to make further purchases? What is to prevent the vendor from saying another piece was not fit to ship so another store credit is issued. I understand doa policy and that things happen. The vendor just failed to ship an item. I'm venting but also looking for opinions. Am I being unreasonable requesting a refund for the item not shipped? I am not asking for any shipping credit simply a refund of the purchase price for the item not shipped. TIA

You have contacted the vendor, the next step is to contact the credit card company. That will get their attention. I don’t think you are being unreasonable.

 

[exnisstech]

I believe under Consumer Protection Laws, they can hold your $$ for 30 days, after which they have to refund..... however, they did also let you know the policy....I would just ask for refund and see what they say. You also have your credit card protection......assuming you paid via CC.

Thanks for all the info. I did pay with CC.

 

[Mschmidt]

Since the policy said, and I would expect it to apply to clams too, store credit may be what you get. That said , since they said replacement may be available, I would expect that the replacement ships without further charges.

I have had coral that didn't ship and been refunded. Which is what should be the standard.

 

[Court_Appointed_Hypeman]

Since the policy said, and I would expect it to apply to clams too, store credit may be what you get. That said , since they said replacement may be available, I would expect that the replacement ships without further charges.

I have had coral that didn't ship and been refunded. Which is what should be the standard.

I don't think you can policy your way out of the right to redress.

Maybe you can, but that would defeat the purpose considering the strategies that can be taken to force a customer to accept terms without actually taking the time to look at the terms. Just my thought.

EDIT: just as I sent this I realized how silly I am for thinking that, my wife uses instore pickup at walmart and they consistently substitute smaller quantity packages for things at the same charge.

This isn't even just food items, we got a pack of roku plugs that were the same price as the individual, expected 12 total for auto feeders, and received 3 singles instead. Walmart refused to exchange or refund because they were the same price. Stores get away with things like this all the time I suppose, so maybe having it in the policy is enough... that sucks

 

[Gtinnel]

If their policy states that corals (I’d think the policy for clams would be the same) which don’t ship are given store credit then IMO that is all they are required to do.

However, if I was in your shoes I would also expect any a reputable company to do the fair thing and refund the cost of the clam. I don’t think requesting a refund instead of store credit is unreasonable at all.

It is things like this that dictate what companies I will buy from.

 

[exnisstech]

I don't think you can policy your way out of the right to redress.

Maybe you can, but that would defeat the purpose considering the strategies that can be taken to force a customer to accept terms without actually taking the time to look at the terms. Just my thought.

EDIT: just as I sent this I realized how silly I am for thinking that, my wife uses instore pickup at walmart and they consistently substitute smaller quantity packages for things at the same charge.

This isn't even just food items, we got a pack of roku plugs that were the same price as the individual, expected 12 total for auto feeders, and received 3 singles instead. Walmart refused to exchange or refund because they were the same price. Stores get away with things like this all the time I suppose, so maybe having it in the policy is enough... that sucks

There is an option on Walmart orders to not substutute. If I remember correctly it isn't in big bold print but it's there. Not sure if your wife is aware or not.

 

[FUNGI]

Whatever you decide to do....they can only hold your $$ for 30 days.....

 

[exnisstech]

It is things like this that dictate what companies I will buy from.

Ya I'm down to two vendors I'll buy livestock from. Just looking at the images posted drives me away from most of the sites. Lfs and fellow hobbiest is the way to go IMO.

 

[UMALUM]

The wording in that portion of their policy doesn't hold water. There's only one person "- especially in this matter" that can deem a replacement valid and that's YOU the buyer. Anything less than a full refund could be argued as a simple bait and switch. Any reputable financial institution will chew them up and spit em out.

 

[exnisstech]

The wording in that portion of their policy doesn't hold water. There's only one person "- especially in this matter" that can deem a replacement valid and that's YOU the buyer. Anything less than a full refund could be argued as a simple bait and switch. Any reputable financial institution will chew them up and spit em out.

The biggest problem I have is no evidence was provided that there was anything wrong with the clam that did not ship. Maybe they don't even have it I dunno. What's to prevent them from doing the same thing to every order or even every other. It would generate revenue for sure. If many people are like me I would loose the $100 rather than place another order and risk them doing the same thing again. Shipping is non refundable and I'm fine with that but only for DOA items not items not shipped.

I don't know why I'm upset. I should be thankful they sent a freebee. Not sure what it is, maybe a single Duncan polyp?

I can sure use one of those

 

[twentyleagues]

Depending on who this was ( I dont need to know) I would base a lot of whether or not to buy again. That would be disappointing in the least. I would simply ask for a refund and if not I would deny the credit charge for the portion of that piece. It may very well be true the clam didnt look good and they dont want to send you a dead or dying animal. They should have waited until you responded to send any part of the order. I dont think it would be that hard for them to hold your order until you responded or at least say 24hrs. 1 hr isnt enough time to hold off at all.

 

[FUNGI]

Dont over think this....its gonna drive you crazy.
Just let vendor know you want a refund.....end of story.

 

[exnisstech]

Depending on who this was ( I dont need to know

Must keep that secret or this thread will get whisked away to the vendor feedback never to be seen again

 

[Mschmidt]

I don't think you can policy your way out of the right to redress.

Maybe you can, but that would defeat the purpose considering the strategies that can be taken to force a customer to accept terms without actually taking the time to look at the terms. Just my thought.

EDIT: just as I sent this I realized how silly I am for thinking that, my wife uses instore pickup at walmart and they consistently substitute smaller quantity packages for things at the same charge.

This isn't even just food items, we got a pack of roku plugs that were the same price as the individual, expected 12 total for auto feeders, and received 3 singles instead. Walmart refused to exchange or refund because they were the same price. Stores get away with things like this all the time I suppose, so maybe having it in the policy is enough... that sucks

And the more you push, the more they settle in, I'm sure. That said, as a loyal worker in healthcare, policy is a great solution to squashing disagreement. "it's clearly stated on page 198, section 13, subsection 58...".

 

[exnisstech]

Yay two freebees. Got a nice little aiptasia too. Food for the peppermint lol

 

[Ziggy17]

If they do not ship your item, they have to refund, otherwise it is theft. Criminal Code trumps store policy.