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View Full Version : How do I deal with a seller who ditched me?


Jewel
11-15-2001, 10:39 AM
I am so angry....I'm mostly angry at myself for falling for an infomercial hype, but I'm also angry with the company that I purchased the hyped product from. I need advice from anyone in the know!

I'm ashamed to say that in a very weak moment a month ago, while watching an infomercial for 'The Ab Energizer', I went online and bought one. It's kind of like the 'Ab Tronic' belt that you wrap around your waist or thigh, and it sends electrical stimulation to the muscle to contract it automatically. With my recent Tummy Tuck and lack of 'real' exercise due to 1) laziness and 2) arthritis, I figured I'd check out the 'lazy way'. The Ab Tronic is $150 minimum and from what I'd read it wears out REALLY quickly, so others recommended the 'Ab Energizer'. I bought the belt, the gel that you put on the 'contacts', and two battery packs for $59, plus two extra battery packs for $29. With shipping, it came to $107. I ordered it from www.abenergizer.com . I didn't mark the phone number down from the infomercial, only the website address.

Received this piece 'o poop in the mail on Tuesday afternoon. It's cheaply made, and when I followed the directions exactly and strapped it around my waist, all it did was hurt! :eek: No contractions of the muscle that I can see, and it hurt like heck, even at 'low power'. I went back online to see about a return policy, which I'm embarrassed to say I didn't check out before I bought it :o There is no mention of return. There is no 'contact us' on the website. There is a phone number, but it is constantly busy, like a 'fast' in-op busy signal. I went back to my original 'confirmation' email regarding the shipment, and the email address it came from is talktous@abenergizer.com . Both of my emails to this addy have come back 'delivery failure'. There is no phone number on the original packing list, no return label, and the only return address is a 'fulfillment center' in Bell, CA. If I send it back to them, it's probably just a warehouse and I won't get credit.

I've tried doing a search online for this company, but I can only find their website and a few 'As Seen On TV' places that are selling it, but I can't return it back to them! I admit it, I really blew it....but is there anything I can do? Or have I learned a $107 lesson? :rolleyes:

aggie94
11-15-2001, 10:44 AM
Jewel,

I just checked out their website and saw the 800 number that is listed under "Shipping" (to check on the status of your order). I called it, to see if it was a busy signal, but a voicemail system has picked up saying "You've reached customer service, blah, blah, blah. All of our customer service agents are currently helping other customers. Please hold for the next available agent." Have you gotten this far? Maybe someone will eventually pick up and you can talk to someone. I'm still on hold.

Jewel
11-15-2001, 10:48 AM
OMG Eva! You got through?? I've gotten an 'in-op' type signal for two days! I'm so embarrassed... :o

I'll have to call today when I get a break and hope for the best. Thanks Eva!

aggie94
11-15-2001, 10:53 AM
Well, no good news. I stayed on hold for about ten minutes, after which a recording came on asking you to leave your name, telephone number, and invoice number. It said someone would call you back (yeah, right). I'm not sure "getting through" will get you any further than a busy signal, but it can't hurt to try.

Sorry, Jewel. :(

Ralph
11-15-2001, 10:54 AM
Please take the time (& the nominal fee) to file a complaint with the Better Business Bureau (www.bbb.org). You may not get any money back, but at least you'll have the satisfaction of having a complaint on file w/them.

Unfortunately, I think far too few people use the BBB before using someone's/something's services. But, nonetheless, I think most businesses dread having an unfavorable rating from the BBB.

Just MHO!

Chefzhat
11-15-2001, 11:00 AM
Jewel, this falls under what is called Mail fraud and you can file a claim through the postal service (if you used them). Not too sure of the procedure, but I had to resort to this when I had a bad online auction experience.

Be aware that you only have 30 days (I think) to follow this procedure so check on this right away.

You didn't by any chance charge this item, did you? If you did, call your credit card company and dispute the charge. They have to remove it from your bill, and then they will fight the matter for you!

Let me know what happens! A big POOOO on unscrupulous retailers everywhere!!

Debie

funnybone
11-15-2001, 11:01 AM
Please say you used a credit card. You can always call your credit card co and ask them about your rights. Many do offer protection within 60 days. It's worth a shot.

DmOrtega
11-15-2001, 11:03 AM
I'm with Ralph, file a complaint. Also, I believe the major newspapers have a consumer department that you can talk with. They have helped people with problems similar to this and then reported on it.

Jewel
11-15-2001, 11:13 AM
I did pay with a credit card, but I'm unsure if they did anything wrong! They say in the confirmation email that the item will be shipped in 3-4 weeks. I ordered on 10/15, received it on 11/13. I got exactly what they said I would receive, so there's no fraud there. I'm worried they might say a return has to be done 30 days from ordering, for then it looks like they purposely delay shipment.

I personally think the item is poop, but I may be the only one! I guess what I'm trying to say, is what would I dispute with my credit card company? I got what I paid for when they told me I would receive it. I just don't LIKE what I received, and want to return it. There is no return policy listed, so maybe they just don't accept returns, is that illegal? I'm trying to play Devil's Advocate here... :rolleyes: They might be jerky retailers, but I think they're covering their tails and it bothers me that I wasn't smart enough to see the cover! :mad:

Eva, thanks for going that extra mile...I appreciate it! I'm going to call the number, leave my invoice number and tell them that I want a refund on this order and expect them to call me with a Return Authorization within 2 business days or I'm calling the BBB. Too harsh?

SandyM
11-15-2001, 11:15 AM
Originally posted by Jewel
Too harsh?

No ma'am.

Ralph
11-15-2001, 11:37 AM
Originally posted by Jewel
Too harsh?

Absolutely not!

funnybone
11-15-2001, 12:04 PM
I have heard that you should always file a complaint in writing, via certified mail, even if you call them. That way, you have proof of your claims.

My credit card statement has all kinds on options on the back as to why a charge is being disputed. I have never had to dispute a charge, but I like that it is on there.

LaraW
11-15-2001, 12:09 PM
Originally posted by Ralph
Please take the time (& the nominal fee) to file a complaint with the Better Business Bureau (www.bbb.org). You may not get any money back, but at least you'll have the satisfaction of having a complaint on file w/them.

Unfortunately, I think far too few people use the BBB before using someone's/something's services. But, nonetheless, I think most businesses dread having an unfavorable rating from the BBB.

Just MHO!

I agree with Ralph. The only thing I would add is to send this company a copy of your complaint to the BBB. This has worked for me in the past.

Peeps
11-15-2001, 12:22 PM
Just another plug for the BBB - they can be a great help. I've used them a couple of times and it only took a few minutes to fill out a form online and I never had to pay any fees. In 2 cases when I had disputes with companies and months of letters, calls to customer service, etc. were getting me nowhere, I filed a BBB complaint and the matter was resolved - in my favor - in days.

akairo
11-15-2001, 12:55 PM
Call your CC company anyways and see what they can do. Perhaps if you package it and send it back to the address that shipped it you would be ok in the CC's eyes. Point is that you no longer have the product. Just send it certified, return reciept, delivery confirmation.....the works. Heck, call an attorney, suggest Class Action lawsuit. That might perk some interest.

Fraud is fraud. It doesn't do what it claim to do. also try talking to your postmaster general. or, what's that guy's name on TV that is always checking these things out. ....
Good luck.

Tamara

KristaMB
11-15-2001, 11:36 PM
Jewel, I don't know if you already have this information, but I just saw the commerical and wrote down the address. It's PO Box 570, Van Nuys, CA 91408. Good luck!

Jewel
11-16-2001, 08:37 AM
Originally posted by KristaMB
Jewel, I don't know if you already have this information, but I just saw the commerical and wrote down the address. It's PO Box 570, Van Nuys, CA 91408. Good luck!

Thank you Krista! I'm surfing myself trying to find the infomercial just so I can write down the 800 number! I'm thinking that the one I have is the customer service line, but the one on the infomercial is an ORDERING line (they'd never take your number to call you back for ordering...) and I think that number would get me to a live body! I left a message on the customer service line yesterday telling them I wanted return authorization because the unit was not what it proclaimed to be, but I haven't received a call back. :( Thanks again!

donleyk
11-16-2001, 08:51 AM
Jewel,

Since the product is crap anyway, I would ship it back to the co. I would write my CC company and say that you are disputing the charge because you have sent it back. At least you won't be charged finance charges on that amount, although, the CC Co. should really credit you the amount you paid. Don't feel obligated to take blame for a crappy product.

Beth Y
11-16-2001, 04:36 PM
I am with Akairo, call you CC company first. I had a problem after ordering a bunch of furniture from This End Up and then they went bankrupt. Call Visa and they told me exactly what to do, what to say in the letter to them, everything. Save yourself sometime and call them first.

ChristineB
11-28-2001, 12:02 PM
I saw this infomercial last night and thought of your dilema Jewel--- have you been able to resolve the problem?

Christine

Jewel
11-28-2001, 12:28 PM
Originally posted by ChristineB
I saw this infomercial last night and thought of your delimea Jewel--- have you been able to resolve the problem?

Christine

Thanks Christine, and no...still haven't resolved it. I did get a phone number that is supposedly supposed to be them, and I let them know that I was not happy, it was not as proclaimed, and wanted return authorization, and was completely ignored. I feel funny calling my CC company, since they worked SO hard for me a few months ago to help me get over $400 back from a crooked antique dealer. Plus, the subject matter just makes me want to hang my head...that I got taken by these people! Plus, stupid me LOST the phone number that I called to complain on! :rolleyes: The lady on the order line gave me that customer service number, and I wrote it down really quicky at work, and I think it got recycled. Either way, I'm going to keep trying. My CC company wants everything filled out in writing, and I just haven't taken the time to do it yet, even though I know there's a time limit! Plus, they can't dispute the charges if I still have the item! I WANT to send it back! I haven't yet...so how can they work to get me a credit/refund when I still have the item in question (hidden under my bed so DH doesn't find out I actually bought the piece 'o crap) and haven't sent it back yet? :confused: Thanks for thinking of me! I may end up just selling the thing on Ebay.

funnybone
12-05-2001, 06:43 PM
Jewel, are you still holding on to the thing, or did you finally ship it back?

I've seen similar ones on QVC or HSN. You should have waited and ordered from them. They are good at refunding money, and fast too.