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Sears - Mail Fraud
Snake Bite Monster Truck - Complaint
Review by crh737 on 2012-12-13
Rating: 
CHARLESTON, SOUTH CAROLINA -- I was trying to finish up my Christmas shopping and could not find the 'Big' item my son wanted. The R/C Snake Bite Monster Truck. I entered and Sears and asked where their toys dept. was, I was informed that they did not have one, but they could order an item and have it delivered by Christmas.
I placed the order and paid in cash the $125.03 to have the item shipped to my home. Well lo and behold on December 5th I received a Snake Bite Monster Truck for a 3 y/o not worth more than $20 in value. Sears refused to refund my money and state the fulfillment center is responsible and that they would contact me within 48 hours.
Well 4 days later no correspondence, so I e-mail them on the 8th for an RMA in which they fought with me to give, now they have their product and my money. I went to Sears where I purchased the item and paid them and they refused to refund me my money. They wanted me to accept an agreement that they would refund a partial payment. They want to charge me a restocking fee, plus the shipping fee and wait 2-3 weeks to receive the funds. They kept trying to insinuate that I ordered the product through Sears.com and their fulfillment center Michal's Marketplace also used the terms 'you' ordered. When in fact I did not order it but the Sears at Citadel Mall ordered it for me and I paid them in cash. I have the receipt, photos of item shipped, Michal's return protocol, their rude e-mails to me and still no R/C monster truck. When I returned to Sears after returning the incorrect shipped item their store mgr Ricky, outright refused to refund my money!
Thanks
Colleen Thake
I placed the order and paid in cash the $125.03 to have the item shipped to my home. Well lo and behold on December 5th I received a Snake Bite Monster Truck for a 3 y/o not worth more than $20 in value. Sears refused to refund my money and state the fulfillment center is responsible and that they would contact me within 48 hours.
Well 4 days later no correspondence, so I e-mail them on the 8th for an RMA in which they fought with me to give, now they have their product and my money. I went to Sears where I purchased the item and paid them and they refused to refund me my money. They wanted me to accept an agreement that they would refund a partial payment. They want to charge me a restocking fee, plus the shipping fee and wait 2-3 weeks to receive the funds. They kept trying to insinuate that I ordered the product through Sears.com and their fulfillment center Michal's Marketplace also used the terms 'you' ordered. When in fact I did not order it but the Sears at Citadel Mall ordered it for me and I paid them in cash. I have the receipt, photos of item shipped, Michal's return protocol, their rude e-mails to me and still no R/C monster truck. When I returned to Sears after returning the incorrect shipped item their store mgr Ricky, outright refused to refund my money!
Thanks
Colleen Thake
Comments:
Posted by At Your Service on 2012-12-13:
I'm sorry to hear of your frustration Colleen. It sounds like the problem is a lot of bad communication in all directions.
What Sears was trying to do is use their website to facilitate your purchase. Sears' website commonly will advertise products not normally sold by Sears but other vendors. Once purchased, SEARS HAS ABSOLUTELY NOTHING TO DO WITH THE TRANSACTION. They cannot offer refunds, handle exchanges or deal with defective merchandise. You MAY have thought you were purchasing from Sears, but in reality you were buying from a completely different merchant.
With the way this is written, you don't specify what has ever taken place with the merchandise. You state they 'fought about giving you an RMA', so did they? If not, what has happened to said toy? Returning it without authorization is a big mistake in that it is the equivalent to abandoning the product and you may never see it or your money again.
As frustrating as it may seem, I think the only thing left to do is work with the vendor that actually provided you with the merchandise. If they provided you with an RMA, good. Chances may be that there will be shipping deducted from the purchase. Even possible other charges. I'm not really sure how you can dispute any of it. I'd accept any amount of refund and hopefully find the one he really wants.
Best of luck and thanks so much for posting.
What Sears was trying to do is use their website to facilitate your purchase. Sears' website commonly will advertise products not normally sold by Sears but other vendors. Once purchased, SEARS HAS ABSOLUTELY NOTHING TO DO WITH THE TRANSACTION. They cannot offer refunds, handle exchanges or deal with defective merchandise. You MAY have thought you were purchasing from Sears, but in reality you were buying from a completely different merchant.
With the way this is written, you don't specify what has ever taken place with the merchandise. You state they 'fought about giving you an RMA', so did they? If not, what has happened to said toy? Returning it without authorization is a big mistake in that it is the equivalent to abandoning the product and you may never see it or your money again.
As frustrating as it may seem, I think the only thing left to do is work with the vendor that actually provided you with the merchandise. If they provided you with an RMA, good. Chances may be that there will be shipping deducted from the purchase. Even possible other charges. I'm not really sure how you can dispute any of it. I'd accept any amount of refund and hopefully find the one he really wants.
Best of luck and thanks so much for posting.
Posted by leet60 on 2012-12-13:
I agree that you should work with the vendor in regard to your issue. I do believe, however, that Sears bears some responsibility in helping you resolve this issue. Selling under the Sears banner, even if fulfilled by a 3rd party vendor, implicitly brings Sears into the picture as they are representing this vendor as a reliable source for the merchandise.
Posted by trmn8r on 2012-12-13:
The principal problem is that the vendor is not Sears, but a third party. That is what the Sears marketplace is - third parties linked to by the Sears site.
The (likely significant) wrinkle is that apparently a Sears rep placed the order for you, and you handed the payment to a Sears rep. Did the Sears rep operate the computer? Read to you the Terms and Conditions? It is possible they did not, and you thought you were ordering directly from Sears.
When a person gets involved in a transaction with 2 or more companies, it is very often a nightmare. I have used a "Sears Marketplace" vendor, and I will try to never do so again. The vendor's tracking status was useless, and overall I felt I was dealing with a fly-by-night operation. Good luck!
The (likely significant) wrinkle is that apparently a Sears rep placed the order for you, and you handed the payment to a Sears rep. Did the Sears rep operate the computer? Read to you the Terms and Conditions? It is possible they did not, and you thought you were ordering directly from Sears.
When a person gets involved in a transaction with 2 or more companies, it is very often a nightmare. I have used a "Sears Marketplace" vendor, and I will try to never do so again. The vendor's tracking status was useless, and overall I felt I was dealing with a fly-by-night operation. Good luck!
Posted by SearsCare on 2012-12-13:
crh737,
Please accept our sincerest apologies for your continued frustrations regarding your online order and for the level of customer service you have received. My name is Liz and I am a member of the Sears Social Media Support team. Per our records, we recently reached out to you on 12/11/2012 on Sears Facebook. We have forwarded your information over to our Case Management team for contact. Again, we’re sorry for any trouble we have caused and we hope to talk to you soon.
Thank you,
Liz R.
Social Media Moderator
Social Media Support
Please accept our sincerest apologies for your continued frustrations regarding your online order and for the level of customer service you have received. My name is Liz and I am a member of the Sears Social Media Support team. Per our records, we recently reached out to you on 12/11/2012 on Sears Facebook. We have forwarded your information over to our Case Management team for contact. Again, we’re sorry for any trouble we have caused and we hope to talk to you soon.
Thank you,
Liz R.
Social Media Moderator
Social Media Support
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