Disagreement with Maury's Music - Page 11

leinad · #**151** 08-12-2020, 01:29 PM

LATE DELIVERIES

As outlined in the Consumer Rights Act 2015, the retailer is responsible for the condition of any products until they are received by the customer or by someone on behalf of the customer. This means that liability lies with the retailer for the services provided by the delivery method chosen, and the delivery firm is not liable.

A default delivery period of 30 days is stipulated, and this is the time that the retailer has to deliver the goods in a satisfactory condition unless otherwise arranged. If the delivery of your purchase is later than agreed and you needed the item by a specific time, you have the right to terminate the purchase and obtain a full refund.

Dbone · #**152** 08-12-2020, 01:34 PM

Quote:

Originally Posted by MaurysMusic

rd-95687's guitar passed our inspection, so we manually converted his authorization to a charge on 6/15 and shipped it out via FedEx. On 6/25 rd-95687 notified us that he suspected the package to be lost, and we called FedEx right away and initiated a claim. A few days went by and rd-95687 asked for an update. We had none, so we asked FedEx and they told us the same. This back and forth continued a few times and we reached out to FedEx a few more times unsuccessfully. Each time rd-95687 asked, we answered. rd-95687 grew impatient with me (or the process) and wanted a refund. I explained we can't refund until we allow the FedEx process to play out & likely result in the guitar finally arriving at the correct address, albeit late.

On 7/10 rd-95687 filed a chargeback with Chase claiming that he was "billed for the wrong amount or on the wrong date". This was untrue. I was still working with him to get a refund worked out as part of the FedEx tracer / claims process but he wouldn't wait for that to take its course. If he felt compelled to do the chargeback, he should have cited the real reason: "Maury shipped me a guitar via FedEx and it's suspected lost"... but he chose not to do that.

I did call to leave a voicemail, asking him to undo it. I did tell him this is a black mark on us. I explained that a chargeback will tie up his funds for at least 30 days and leave me powerless to do anything. Once it's a chargeback, buyer and seller have to wait for the judgement. I said I'd issue a refund if he reversed the chargeback and he agreed. We immediately attempted to refund him 6 times in 48 hours, after hours and on a day off...and each time we were unsuccessful, because rd-95687 was not successful in reversing the chargeback. I can't say with certainty that he did really try, but if so - it didn't work.

I explained this to him, and said I have no choice now but to "answer" the chargeback and let it play out. I told him this means it's out of my hands and when the chargeback is resolved, one of us will win, and until then, I have no access to those funds. Then he asked me to send him the refund amount in a different way. A separate check, or via paypal etc. I explained that would mean I sent him a guitar (delayed, but still expected to arrive at his home), I might lose the chargeback and he'd end up with the guitar, the chargeback refund and a 2nd refund. I said we need to allow the FedEx claims process to take its course and now that you've started the chargeback, we will no longer be in contact with you directly. As long as we're powerless to do anything because of the chargeback you initiated (and haven't been able to undo) there's nothing to gain from us exchanging personal messages. In other words, you can't email me every day continuing to demand a refund that I can't process because of actions you took against us. You wanted a chargeback and now it's in motion. I could have waited 29 days to handle it and it would have been my right ... but I did nothing to delay the resolution.

I'll be contacting FedEx again today (8/12). I just checked the chargeback status and it's still pending. I cannot access those fund for a formal refund. I won't send separate funds until the chargeback is resolved but please know: we will issue an immediate refund as soon as we can, if the chargeback ends without an automatic refund, and the guitar still isn't delivered. This is the first time in our 17 years of business that we’ve had to deal with a “suspected lost” guitar.

It's my sincere hope that those of you reading this will digest this with an open mind. If rd-95687's post has caused you to think we "stole his money" and now you're hesitant to shop with us, please consider contacting me backchannel if that might help you decide for yourself.

Thank you to those who have brought kind words & support for us in this thread.

Mods, thank you for allowing me to air my side and I'm sincerely sorry this thread had to happen.

It's worth mentioning -I might not have time to constantly reply to this thread. In some cases I might decide replying is harmful to the forum vibe and/or my reputation. Please do not interpret that to mean I'm hiding.

Well there you have it. The other side of the story, and in all likelihood the accurate one. Nuff said. OP cannot expect them to move mountains, especially when they contributed to putting at least one of the mountains in the path.

Crappy situation for all involved, but OP outta be careful going around making claims that someone stole from them when in actual fact this is far from the truth. This is ridiculous. Not the right reaction at all to basically slander someone and their business when there is a shipping problem. Bad form.

Dbone · #**153** 08-12-2020, 01:38 PM

Quote:

Originally Posted by paulzoom

This is why we have to wait for the other side of the story before any judgment is made. While I understand the OPs frustration, I did not approve of the subject line.

Really though...geez...

rick-slo · #**154** 08-12-2020, 01:39 PM

Quote:

Originally Posted by leinad

LATE DELIVERIES

As outlined in the Consumer Rights Act 2015, the retailer is ...

That's a United Kingdom act.

The hold up is this case is the credit card dispute. That can take quite some time to resolve.

Jeremy · #**155** 08-12-2020, 01:42 PM

This is where we're going to leave this thread. Everything we've seen to this point doesn't seem to indicate that the issue will be resolved any sooner or better by further involving the AGF membership. The OP and Maury have both publicly had their say for all to see and now are simply going in circles as they rehash the same arguments publicly that they've already had privately.

Too much volunteer moderator time has been spent publicly and privately on this trying to keep the peace and it's time to settle this one apart from the forum.

We will not delete this thread but are closing it to further posts and we encourage the OP and Maury to continue toward a private resolution to this. If/when this issue is resolved we will permit an update to be posted here if so desired by either party.

Jeremy · #**156** 08-24-2020, 10:43 PM

Maury has asked me to add this latest status to this thread:

Quote:

To date, we still haven't been able to access the funds that are held up by the OP's chargeback, but we issued him a full refund last week, in the form of a check. FedEx finally closed their case and officially listed the guitar as "lost", and we only recouped $100.

If the OP would like to respond, send it to me privately to include here.

Jeremy · #**157** 09-29-2020, 06:35 PM

Maury has asked me to add his final status to this thread:

Quote:

"Today we received an email from our payment provider. The case has been decided in the OP's favor... we lost the chargeback. To date, the guitar has not been recovered."

If the OP would like to respond, send it to me privately to include here. Otherwise there will be nothing further on this matter.