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

[slugg]

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.

No, it was not a free item. It was free with the purchase of 5 other drums. I purchased the other drums and didn't get the package deal.

If it was truly free, I would have ordered 100 and ignored the coupon.

Have you ever purchased anything in a grocery store that was BOGO? What if the clerk said "oh well you can't actually get 2 of them for that price. But don't worry, it was free, so you didn't lose anything." You're telling me that's okay?

 

[blinblue]

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.

Well if they couldn't fulfill the order (due to their own incompetent coupon system), then it is up to the business to be very clear to the customer what is going to happen.
"We can't fulfill the order, either we can ship it with the coupon removed at a higher price, or we will have to cancel it"

But from what it sounds like, they just took their sweet time and then shipped something different from what the invoice said. And that is just terrible business.

 

[DaTT]

Did the Free Drum offer state anything like "not valid with any other coupon/offer"?

If not, I feel that you have been wronged.

 

[slugg]

Did the Free Drum offer state anything like "not valid with any other coupon/offer"?

If not, I feel that you have been wronged.

Nope. I thoroughly checked that, and even called to ask about it. 100% green light pre and post purchase!

---

Midwest Percussion should be open now. I'm actually getting in touch with my bank first. We'll see...

 

[DaTT]

Keep us posted.

 

[artvscommerce]

While I don't have anything useful add other than what's already been said, congrats on getting a DW kit! I've built my own and tried nearly everything out there and in my opinion nothing else comes close at all. I'm sure you will love them. Good luck on getting the 7th drum!

 

[slugg]

UPDATE: The bank says I'm still within my right to dispute the transaction! Before I do that, I'm giving the business a call. Maybe they'll just cave in. I'll keep you posted.

 

[slugg]

While I don't have anything useful add other than what's already been said, congrats on getting a DW kit! I've built my own and tried nearly everything out there and in my opinion nothing else comes close at all. I'm sure you will love them. Good luck on getting the 7th drum!

Quick version of a long story: This is my 2nd DW kit. My original kit was ruined during a burglary/vandalism. I agree - nothing comes CLOSE to DW. Any serious drummer should have it

 

[dabuddha]

Glad to hear! Hopefully these clowns do the right thing.

Also make sure and post a review on resellerratings.com

 

[slugg]

UPDATE: The owner of the business is conveniently "not in the office" and won't be for another hour and a half. I "should" be receiving a call from him when he gets back. Right.

I won't have time to file the dispute until I'm home later anyways. Hopefully I've put enough pressure on them to just give up and do the right thing.

I contacted DW (the manufacturer) about the problem. They have copies of all my transactional records and are investigating the problem themselves. They, too, are trying to get a hold of Midwest Percussion's owner. I sent them an email last night (after they closed) and gave them a call maybe 20 minutes ago... apparently my email (which was very respectful and polite toward DW; I was making it clear that my complaint was with the vendor, not them) stirred up quite a commotion in their customer service department. As soon as I mentioned "Midwest Percussion," the guy laughed and joked "oh, they're quite a peach." I was assured that regardless of how the situation is settled, they'll be able to insert my single drum to the front of the manufacturing queue once the order comes in.

 

[seepy83]

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.

He called the store to verify that the coupon could be used in combination with the items in his shopping cart (including the free item). If they weren't going to honor it, they had the opportunity to stop the transaction during that phone call.

 

[Patranus]

Just call your credit card and tell them you had an unauthorized transaction and return the drums.

Fighting a company that doesn't want to settle is generally more money/time than its worth.

 

[alkemyst]

UPDATE: The owner of the business is conveniently "not in the office" and won't be for another hour and a half. I "should" be receiving a call from him when he gets back. Right.

I won't have time to file the dispute until I'm home later anyways. Hopefully I've put enough pressure on them to just give up and do the right thing.

I contacted DW (the manufacturer) about the problem. They have copies of all my transactional records and are investigating the problem themselves. They, too, are trying to get a hold of Midwest Percussion's owner. I sent them an email last night (after they closed) and gave them a call maybe 20 minutes ago... apparently my email (which was very respectful and polite toward DW; I was making it clear that my complaint was with the vendor, not them) stirred up quite a commotion in their customer service department. As soon as I mentioned "Midwest Percussion," the guy laughed and joked "oh, they're quite a peach." I was assured that regardless of how the situation is settled, they'll be able to insert my single drum to the front of the manufacturing queue once the order comes in.

it's lunch time in most of the country.

 

[slugg]

How much does a chargeback fee cost? Here's my rationale.

Say they refuse to give me the drum. Then I dispute the charge - eventually the incomplete set of drums will have to be shipped back. The shipping was 195 lbs over 3 boxes, plus insurance. If the vendor wants to give me a refund, they'd have to pay for return shipping + pickup + insurance + the chargeback fee. The drum that they're refusing to send to me retails for $320 MSRP and is a high margin item, so their cost is likely around $200. Something tells me that the whole chargeback + return shipping shenanigans would be equal or more costly than just sending me the drum.

Perhaps I should mention that? Or do you think that's too aggressive?

 

[DaTT]

How much does a chargeback fee cost? Here's my rationale.

Say they refuse to give me the drum. Then I dispute the charge - eventually the incomplete set of drums will have to be shipped back. The shipping was 195 lbs over 3 boxes, plus insurance. If the vendor wants to give me a refund, they'd have to pay for return shipping + pickup + insurance + the chargeback fee. The drum that they're refusing to send to me retails for $320 MSRP and is a high margin item, so their cost is likely around $200. Something tells me that the whole chargeback + return shipping shenanigans would be equal or more costly than just sending me the drum.

Perhaps I should mention that? Or do you think that's too aggressive?

From your post above regarding the manufacturer, it sounds as though they will be more willing to help you out if the vendor does not.

 

[EagleKeeper]

If you start to mention items like that; they may think you are setting up some scheme.


Best to let them decide what they want to do.

• Take the charge back and arrange for return shipping
• Honor the original invoice.

All you need to do is tell them that above are options that you will accept.
You may mention, if they give you a rough time over the phone, that your bank has been notified and will authorize the chargeback based on information provided.

 

[slugg]

If you start to mention items like that; they may think you are setting up some scheme.


Best to let them decide what they want to do.

• Take the charge back and arrange for return shipping
• Honor the original invoice.

All you need to do is tell them that above are options that you will accept.
You may mention, if they give you a rough time over the phone, that your bank has been notified and will authorize the chargeback based on information provided.

Noted.

At this point, I can't even get them on the phone. I can get one guy on the phone, a lowly salesman with no power whatsoever, and that's it. Email? Yea right.

 

[EagleKeeper]

Spend the $1.50 and send them a fax. Even better, send it from the bank itself; save the money and the bank name will be on the transmission header.

State that you have been unable to have contact with management over the past 24 hours regarding this situation.
Provide them with the options.
State that if they do not contact you within 24 hours; you will authorize the bank to do a chargeback.


Fax it to what ever number is on the invoice or the web site. The fax reception becomes a legal notification document

That will generate a response if the company is serious

 

[slugg]

BIG UPDATE:

They mistakenly put me through to John Litrenta, the owner of Midwest Percussion. He quickly transferred me to the same salesman, Art Baldacci. I told him to transfer me back to John, because now I *know* he's there and they can't lie to me. I was on hold for a minute, then he came back and said that they refuse to transfer me and I will not be allowed to talk to him. I said "what you are doing is illegal" and he said since I used the coupon, they don't need to give me the drum. I asked him to show me any kind of documentation that shows that I agreed to those terms. He yelled at me and said "I don't NEED to show you documentation! Do what you need to do!"

I said "thank you" and hung up. Will file the dispute in a couple hours.

 

[TwiceOver]

Don't forget consumerist.com

 

[Ns1]

marked

REAM EM

 

[Krazy4Real]

BIG UPDATE:

They mistakenly put me through to John Litrenta, the owner of Midwest Percussion. He quickly transferred me to the same salesman, Art Baldacci. I told him to transfer me back to John, because now I *know* he's there and they can't lie to me. I was on hold for a minute, then he came back and said that they refuse to transfer me and I will not be allowed to talk to him. I said "what you are doing is illegal" and he said since I used the coupon, they don't need to give me the drum. I asked him to show me any kind of documentation that shows that I agreed to those terms. He yelled at me and said "I don't NEED to show you documentation! Do what you need to do!"

I said "thank you" and hung up. Will file the dispute in a couple hours.

Wow! What assholes.

 

[waggy]

BIG UPDATE:

They mistakenly put me through to John Litrenta, the owner of Midwest Percussion. He quickly transferred me to the same salesman, Art Baldacci. I told him to transfer me back to John, because now I *know* he's there and they can't lie to me. I was on hold for a minute, then he came back and said that they refuse to transfer me and I will not be allowed to talk to him. I said "what you are doing is illegal" and he said since I used the coupon, they don't need to give me the drum. I asked him to show me any kind of documentation that shows that I agreed to those terms. He yelled at me and said "I don't NEED to show you documentation! Do what you need to do!"

I said "thank you" and hung up. Will file the dispute in a couple hours.

now take the gloves off and go after them. nail them to the wall.

as others said contact the consumerist and states attorneys.

 

[TecHNooB]

go get em!

 

[jlee]

BIG UPDATE:

They mistakenly put me through to John Litrenta, the owner of Midwest Percussion. He quickly transferred me to the same salesman, Art Baldacci. I told him to transfer me back to John, because now I *know* he's there and they can't lie to me. I was on hold for a minute, then he came back and said that they refuse to transfer me and I will not be allowed to talk to him. I said "what you are doing is illegal" and he said since I used the coupon, they don't need to give me the drum. I asked him to show me any kind of documentation that shows that I agreed to those terms. He yelled at me and said "I don't NEED to show you documentation! Do what you need to do!"

I said "thank you" and hung up. Will file the dispute in a couple hours.

Hahah...OOPS. Hopefully the manufacturer will try to help you out somehow, but IMHO it's definitely time to go all out. Vendor review section of relevant forums, BBB, credit card dispute, etc.