Guitar Center just lost me as a customer

Originally Posted by AndrewG

The law says you are mistaken. Wherever the fault for mis-delivery might lie, the customer's contract for supplying the product is with the retailer. It is thus the responsibility of the retailer to sort out the issue with the delivery agent with whom the retailer has contracted to deliver the product.

Agreed, and beyond that, I don't think the buyer would have any legal ground to contest anything with the shipper since they had no contract with the shipper. When I buy something from a retailer and pay for delivery, whether it is a separate charge or not, I'm buying two things - the product and the delivery. If either one fails I have some right to a replacement or refund depending on the terms of purchase.

It might be helpful to think of the distinction between fault and responsibility. It may not be retailer's fault that the delivery wasn't executed properly, but it is their responsibility.

[JakeStone]

As said before - If Credit Card was used then File a claim with Credit Card. This will send a message to GC with a chargeback. The point when the money is removed from their account AND they will pay a fee to CC company.

Also you will get the money credited off your next statement.

End of story

[ThermiteTermite]

GC has $50 from the buyer.

The buyer does not have anything for the $50 he gave to GC.

Now GC (with the buyer's $50.00 in their pocket) says the buyer has to do all the work to retrieve the product he gave them $50.00 for.

I buy a lot of music related items, but after reading this, I will never do business again with GC.

[GBS]

While I still believe that this is Guitar Center's mess to fix, they clearly have decided to absolve themselves in their terms and conditions that are implicitly agreed to when making a purchase:

Title to Products Shipped
All items purchased from Guitar Center are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

One of the many "gotcha's" in those pesky legal documents contained in any purchase that involves an agreement.

Since they clearly refuse to assist, 'tis time to purchase from another business that is more customer oriented. Interesting that there is not a listing on their site (in the FAQ section covering types of shipping) to select a "signature required" or "insured" option, even if it costs a bit more....

[cotten]

Originally Posted by GBS

While I still believe that this is Guitar Center's mess to fix, they clearly have decided to absolve themselves in their terms and conditions that are implicitly agreed to when making a purchase:

Title to Products Shipped
All items purchased from Guitar Center are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

WOW! If this is true, and I have no reason to doubt your word, especially given the facts in this matter, I have already made my last online purchase from Guitar Center. I still may order something and have it delivered to my closest store, but then that involves over two hours of driving.

Do you know if Musicians Friend has the same policy? If so, Sweetwater, here I come!

cotten

[kiva238]

Copy this whole thread and let higher ups at GC know how many musicians are now reading about their company and their policy regarding a non-delivered item.

John
Retired Attorney

[AndrewG]

Originally Posted by GBS

While I still believe that this is Guitar Center's mess to fix, they clearly have decided to absolve themselves in their terms and conditions that are implicitly agreed to when making a purchase:

Title to Products Shipped
All items purchased from Guitar Center are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

One of the many "gotcha's" in those pesky legal documents contained in any purchase that involves an agreement.

Since they clearly refuse to assist, 'tis time to purchase from another business that is more customer oriented. Interesting that there is not a listing on their site (in the FAQ section covering types of shipping) to select a "signature required" or "insured" option, even if it costs a bit more....

That 'gotcha' clause may well have no standing in law. GC can't just make stuff up if the law says different-and I believe it does.

[SoCalSurf]

There are two issues at play here: legal considerations and business considerations. In the end, GC probably missed an opportunity to provide great customer service by replacing the item, but that's their choice, and the ramifications for that are different than potential legal ramifications.

I will say that I have had guitars shipped via FedEx, UPS, and USPS. FedEx is, by far, the absolute worst, and I wish dealers would reconsider using them. I had a guitar shipped to me last year that not one person I spoke with, including upper level management, could accurately locate. And that was not en route to my house, but to a Fed Ex facility.

Originally Posted by AndrewG

That 'gotcha' clause may well have no standing in law. GC can't just make stuff up if the law says different-and I believe it does.

People make stuff up all the time, and if you take their word for it, well there you are. However, I think you are right. I'm an engineer, not an attorney...just to be clear.

[nedray]

OP, if the objective is to get your stuff, a little detective work might be in order. Have you checked with neighbors on your street who might have received the package? If the driver actually went to your address, but confused a neighboring youse with your nonexistent garage, it can't be far away, can it? Or, do you frequently get mail addressed to an address similar to but different from yours in a different part of town?

Do you know what address FEdEx thinks they delivered to? Do you know what address GC shipped to? Could it have been a previous address of yours? I placed an order with MF that they delivered to an address, 1500 miles away, that I haven't used in 7 years, but one of their sales clerks found it in their system and used that as my shipping address instead of my current one. When I called and complained, they issued a refund after I finally convinced them I couldn't return the package because I don't live where they sent it.

Anyway, it's inconvenient, but you could probably solve this puzzle. Good luck.

[Christian Reno]

Hard to believe there are those who support the idea that GC has no responsibility as the shipper of their products. Does Guitar Center state the FOB point for online ordering?

[HeyMikey]

Originally Posted by Kupuna50

To 'Heymikey':
I cannot fathom how you can blame GC!
Clearly, this is the fault of Fedex. NO QUESTION!
Why in the world would GC be liable? Your reasoning is severely flawed.

To make an accusation on a public forum about a retailer is loathsome at best.
I suggest you apologize to GC.

That is your opinion. I have mine. Others have their own. It is a very debatable situation, but one that is very relevant to all of us. Who is legally vs ethically responsible is not black and white all of the time. There are some companies that truly focus on taking care of their customers and there are those that do not. It is worthwhile to know which kind of company you are dealing with.

Ultimately both companies have an obligation to deliver, but neither is taking responsibility. In the end the one who had no obligation to deliver is left paying the price. Call me crazy but that seems just a tad wrong.

[Pretzel]

+1 for taking it up with cc company

Another delivery story:

Around the holidays (couple years back before porch thieves were common), spouse is in a hurry to go to an appointment sees package on step and decides to pick up when they return. You guessed it, not there when they return a few minutes later.

Delivery was by USPS to a condo where packages are supposed to be placed in a locked box not on the porch step. Contacted USPS and they had a substitute mail carrier that day that didn't know the rules. Carrier swore he delivered it so no relief even taking it up with head of local post office.

Only way to not be out the couple hundred dollars was to dispute charge on credit card.

[HeyMikey]

There is unfortunately no CC involved, just PayPal, and a dispute has been opened.

[Photojeep]

Not to pile on but I recently had a similar issue with Amazon who sort of has their own delivery department (at least in Las Vegas.) I'd ordered some picks and they never showed up even though the system showed it had been signed for. When I investigated, the company showed a photo of the package as "proof" it had been delivered. No signature, no house it was delivered to, just the package.

I explained the package was apparently delivered to the wrong address and they immediately sent a new package (and I changed the delivery point to one of their delivery lockers) at no charge.

Granted that Amazon is much larger than GC and the item purchased was about half the cost but the difference in customer service could not have been more opposite.

I like the people who work at GC but their "management style" and corporate styles are beginning to leave a bit to be desired.

PJ