Seems like every time I decide to give Google's Shopping a try I end up getting screwed. Had some issues with some luggage I ordered back at the beginning of the year, and this past week in some replacement filters I ordered for my earbuds.
The filters cost around $20 on Amazon. A quick search of Google turned up this listing which still shows them as available. $9.12 is a deal, but they charge nearly $20 in shipping. I checked ordering multiple sets to see if that changed the shipping. It didn't, so I went ahead and ordered three sets so I'd have plenty of spares around.
This morning I got an email, after my order had been shipped, telling me that they were only sending one set of filters.
Dear Travis Swicegood,
We are sorry to inform you that we only had 1 of ER6-I-50 D38231 (ETYMOTIC RESEARCH ER6-I-50 REPLACEMENT FILTERS) which was shipped by FedEx: tracking # 753365065348. We refunded $19.52.
We apologize for inconvenience and thank you for your business.
The Twister Group
Umm... nope. That's a bait and switch. You did the math and realized you just screwed yourself because you didn't adjust your shipping to cover the under wholesale cost. I replied much the same.
Hello;
I made this purchase under the assumption that the large shipping fee was going to be offset by the ability to purchase multiple sets. Canceling a portion of the order after it already shipped and been paid for is a bait and switch.
I would like to either receive the addition two packages of filters or a refund of 2/3rd of the shipping fee.
Thanks for your help in resolving this!
-T
I got a quick response from them. It barely qualifies as coherent and ends by calling any attempt from me to recover the fees that they just cheated me out of.
If you required us to either ship your order in full or not at all, you must have indicated so in the notes or by replying to order confirmation message. Since you failed to do so, our policy governs this order and the shipping charge stands.
As a matter of fact, it costs more than 1/3 of the rate to ship 1/3 of the weight. For instance, FedEx ground rate to deliver 3 lb package is about $8.50, while shipping 1lb package is…. You expect 1/3 which is about $3… $8.50. Only $0.50 additional for 3 times as heavier parcel.
Our Terms and Conditions (which you explicitly accepted by placing this order) clearly state:
The Twister Group reserves the right to supply less than the quantity of any item ordered.
If you are accusing us in committing “bait and switch” by INTENTIONALLY misrepresenting the product, first accepting the policy and then denying such acceptance may be constituted as fraud.
Sincerely,
The Twister Group
Needless to say, don't do business with this guys. None of the receipts I (including the one I printed from their site) state anything about changing the order after the fact. In fact, it explicitly states "Group my items into as few shipments as possible" on the order confirmation page from their website that I printed to a PDF.
19 comments
"Bait and switch" is actually not applicable here. No substitute or unprofitably low price was offered. Original product was shipped at a regular price. What has really occurred is a normal stock discrepancy. Alternative to that is to ship one unit and then wait until new stock appears. Most people will think that holding up a payment or part of it is fraudulent. So what is it? No matter what is done, it is fraud?
Applying bait and switch here is libel. Accusing of committing "bait and switch" action is not just “questioning”. Such false accusation may be prosecutable. "We reserve the right to ship less than the quantity ordered" clause is perfectly legal. It is similar to “while supplies last”. There is nothing wrong with it.
A statement “Group my items into as few shipments as possible" means just that. Three units were purchased. Only one unit happened to be in stock and it was “grouped into as few shipments as possible” which was one shipment.
As far as fraud concerns, isn’t it true that if it states on the checkout page “By submitting this order I accept Terms and Conditions” and customer submits an order, he/she explicitly accepts store’s policies? If it states that an order may be partially fulfilled, customer accepts it as a part of store’s policy. And denying such acceptance is nothing more or less than attempt to commit fraud.
This order was paid through PayPal. Than a dispute was filled with the reason “not as described”. Of course this dispute was denied by PayPal. But again, look at the reason: not as described. Credit cards define it as “Not the same as shown and described on the screen for Internet transactions”. The one item shipped is not at all materially different from the advertised merchandise. Therefore such dispute again, may be constituted as fraudulent.
Such “customers” should not be shopping at online store as all they do is complaining. We definitely make sure to add this buyer’s information to negative databases as one of the buyers to avoid.
Feel free to go ahead and add away. I would do the same to you, but there's plenty of reports of your shady business practices online. Note to self: always search places like RipoffReport before purchasing from some unknown merchant.
Further, there will be no positive feedbacks on Ripoffreport. Therefore you don’t really see the rate of satisfied vs. dissatisfied customers. Our rating is usually 4-5 stars out of 5. But no business is perfect. You can find negative feedbacks on pretty much any store. That doesn’t mean that they all are “dirty or shoddy” businesses, just like, I’m sure, by falsely accusing us of “bait and switch” you didn’t mean to issue this libel or defamation since there is not trace of bait and switch in this case.
Again, in order to apply "bait and switch" term one must be able to show that he/she was offered a different item claiming that it is similar. Inventory discrepancy is not "bait and switch". And again, if called so, may allow a legal action against one for libel.
Why you all are thinking that we and all other retailers are out there just to “get ya”?
What if a customer provided a wrong billing address? Should a retailer immediately report to police as an attempt to defraud? Why are you so negative? Don’t you think that consumers are over-abusing the right to accuse every store of all those “terrible things”?
They then threaten to "report me to fraudulent databases" if I attempt to seek a refund.
I wonder what these "fradulent databases" are! haha.
The Twister Group is a fly bynight company run out of a little house. When you order something, he just has it drop shipped. The way he makes his money is threatening people who try to get a refund for his mistakes.
Tracking confirmation (FedEx
The order was to be delivered 2 business days AFTER the order was placed, as 2 days delivery option. After a few fraudulent claims, threat to file a dispute through credit card, we are attempting FedEx to stop this shipment and return it back.
How do you stay in business with this kind of customer service?
@EP You're not doing yourself any favors by continuing this juvenile behavior.
You should block that message as it is untruthful. This website only wants to show one sided information. We’ll contribute buyer’s information to Ethoca and other fraud databases.
I’m wondering what is your website that sells merchandise. Or you are afraid to post?
Geez, EP's rant here really proves the point. My goodness, I couldn't thank you more for revealing the scam that under lies Twister's policies.
I am amazed that EP has to rant so incessantly to try and prove customer loyalty. Seems that if they had customer loyalty (achieved through good customer service), they wouldn't have to rage so much. . .
Crikey, EP, you have a shitload to learn about service. Start by treating your customers with a little bit of respect.
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