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

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Keep us updated on what happens. Reading this actually makes me angry.

I bet their business isn't doing too well, and they are wondering why. Perhaps if you treated your customers with some respect you might get more business.
 
You definitely spent too much time with the shop that don't even want to deal with you. If it's me, I'll dispute for full refund with CC and keep the drums altogether. Hah
 
Wow, just read this whole thing. That's insane; it boggles my mind that places still operate like that. I hope you somehow end up getting the drum you wanted.

Keep us posted.

KT
 
^^ yea I saw that. Mine was a different coupon in June that I got from RetailMeNot. Checked the website for terms and conditions: the only terms were regarding returns of special order items and "free shipping" items. My invoice itemizes everything I paid for - it very clearly shows 7 drums and the coupon applied to the whole order.
 
UPDATE:

I've received a response from Drums Workshop. I removed the names from the message, but besides that, here's the copy/paste:

Just following up on the voicemail we received from you yesterday and our email. This issue has been brought to the attention of our regional sales manager and our VP of Sales. We are taking this case very serious and are trying to determine a solution. Unfortunately, at the moment I do not have an immediate solution but once I get any further information from our Sales team I will contact you direct. Sorry for any inconvenience this has caused and we thank you for choosing DW drums!




----- --------
DW Customer Service Representative
-------@dwdrums.com
Click to expand...
 
slugg said:
UPDATE:

I've received a response from Drums Workshop. I removed the names from the message, but besides that, here's the copy/paste:
Click to expand...

:thumbsup:

Nice to see that DW is following through. Sounds like Midwest Percussion is going to need to do something to honor your original invoice if they want to continue selling DW products in the future.
 
When I received the invoice email, I also saved it as a PDF.
Click to expand...
This is your contract. If they failed to honor it the entire contract is voidable if I'm not mistaking. In simpler terms, you can return what they sent you because they didn't honor the contract. (If they are making a lame excuse they should have caught it before making the sale.)
 
911paramedic said:
This is your contract. If they failed to honor it the entire contract is voidable if I'm not mistaking. In simpler terms, you can return what they sent you because they didn't honor the contract. (If they are making a lame excuse they should have caught it before making the sale.)
Click to expand...

That's good. At the very least, I guess I can't be at a loss...

But I'm worried about two things. If I get stuck with return shipping, then that's like $150 alone. Also, I really don't WANT to return the stuff; I ordered and patiently waited for the drums for a reason. I do want to keep them...

Blah. Oh well. I'm finishing up the charge dispute paperwork today when I get home.
 
You can not get hit with the return shipping if you do the charge-back.

You get your original payment back and then it is up to the vendor to arrange for the return of the items.
Arrange means either they agree to reimburse you or they arrange a drop shipment on their dime.
You do not have to accept their request to ship w/ a refund charges and should let them know if they ask.

Once the chargeback credits your account; you are not under any financial obligation; it becomes their responsibility for covering the shipping for items they own.

Once they get the chargeback; they may start to have second thoughts, especially with DW breathing down their back.
They may ship as originally ordered or come up with a counter off to avoid the shipping/restocking costs.
 
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There's probably some small print somewhere on their site to the effect of: "If a promotional coupon is applied to an order including a free promotional item, Midwestpercussion.com will, at their own discretion, honor only one promotion".

If not, then you definitely have a case. Their website, cart, and checkout process should make it clear what they will and will not do by removing items at the time you apply the coupon or whatever.
 
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SlitheryDee said:
There's probably some small print somewhere on their site to the effect of: "If a promotional coupon is applied to an order including a free promotional item, Midwestpercussion.com will, at their own discretion, honor only one promotion".

If not, then you definitely have a case. Their website, cart, and checkout process should make it clear what they will and will not do by removing items at the time you apply the coupon or whatever.
Click to expand...
Except:
slugg said:
Before ordering, I called to ask if the coupon was still valid with that shopping cart; they said yes.
Click to expand...
 
jlee said:
Except:
Click to expand...

I read that. Technically it was valid for the shopping cart. Valid, as in it could be applied to the cart. Even if applying a coupon to the cart means that any promotional items will be excluded, then you could still answer the question "Is this coupon valid for this shopping cart" with a yes.

That's very shoddy business though. Anyone with half a brain knows the assumption he's making when he asks that question. This sounds like a decision that some manager made after the fact, knowing that he wouldn't be dealing with the customer directly anyway.
 
SlitheryDee said:
I read that. Technically it was valid for the shopping cart. Valid, as in it could be applied to the cart. Even if applying a coupon to the cart means that any promotional items will be excluded, then you could still answer the question "Is this coupon valid for this shopping cart" with a yes.

That's very shoddy business though. Anyone with half a brain knows the assumption he's making when he asks that question. This sounds like a decision that some manager made after the fact, knowing that he wouldn't be dealing with the customer directly anyway.
Click to expand...

Seems he was clear enough to avoid that as an issue, though:

alkemyst said:
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.
Click to expand...

slugg said:
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.
Click to expand...
 
I am not siding with anyone, but many times the shopping cart is not programmed properly for all the coupons.

If this is an isolated case of one customer then they should honor it...if it were 10000+ then it becomes the Hitachi monitor fiasco of the late 90's/early 00's.

Looks like DW is going to make it right.

The only thing I hope is the OP is honest on the company's response through all of this. If that is correct, they are a bunch of dicks.
 
alkemyst said:
The only thing I hope is the OP is honest on the company's response through all of this. If that is correct, they are a bunch of dicks.
Click to expand...

Completely, 100% honest. I haven't exaggerated a single thing. I don't need to; they really *are* that ridiculous. lol
 
slugg said:
Completely, 100% honest. I haven't exaggerated a single thing. I don't need to; they really *are* that ridiculous. lol
Click to expand...

I hear you on this, but I buy a $500 dollar watch and some asshat wants to post up all my personal info here.

Which I have shared already.

Sounds like DW is going to fix this. I have known 3 drummers that made it to airlists.

I sort of wish I stuck with music rather than education...
 
alkemyst said:
I hear you on this, but I buy a $500 dollar watch and some asshat wants to post up all my personal info here.

Which I have shared already.

Sounds like DW is going to fix this. I have known 3 drummers that made it to airlists.

I sort of wish I stuck with music rather than education...
Click to expand...

Maybe it's a typo, but English isn't my first language... what's an airlist?

Anyhow...

UPDATE:

The dispute has been filed for the value of the missing drum itself.
 
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