Sears keeps AS customer's $600
Tory_canuck
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Joined: 8 Jun 2009
Age: 40
Gender: Female
Posts: 1,373
Location: Red Deer, Alberta, Canada
Is there anything in the terms of service regarding an expiry date or discharge of contract if you are unable to pick it up at a certain time? Since you paid for it and if there is nothing in the purchase contract stating a time limitation, then sears is failing to perform on their part of the contract, thus, if within the confines of Canadian contract law, Sears must either give you a full refund and rescind the contract, or follow through and give you what you ordered.I will see if I can eventually ask my contract law college instructor about this issue when school starts in September,.He is a lawyer.
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Personally I don't understand why when you lost the receipt why you didn't just go to Sears and say "Hey, I lost my receipt. I'm really really sorry about this." as soon as you realized it. They must have procedures in place to handle that as it has to happen all the time. The real problem here is not the receipt. If you presented yourself timely and without the receipt you would probably be fine. The real problem is you left it far too long. Waiting a year until you found your receipt puzzles me and I'm sure it puzzles the Sears staff as well. "This guy bought a dryer more than a year ago and only came back *now* to pick it up. If he really did lose his receipt why didn't he just tell us like a year ago. WTF?" Since it's completely out of the norm, it probably raises their suspicion of you as a scam-artist i.e. you know they don't keep records on site more than a year and hence made up a receipt dating back more than a year in the hope that they will not go through the bother of digging up old records which are hard to get and will just give you the money or dryer. The 50% refund they are offering you is probably what they consider the cost of buying off a scammer because your story to most people would seem highly implausible.
Since you bought so much stuff from Sears I would take evidence of that to Sears and say, "Hey look guys, I'm a good customer -I bought lots of your stuff as you can see. This has never happened before. So I'm not some scam-artist." Also bring in your bank/credit card transactions from that period as proof that you paid $X to Sears.
Last edited by AnnieK on 04 Jul 2009, 3:37 am, edited 2 times in total.
I found some rules regarding what happens in case of non-delivery,
http://www.ftc.gov/bcp/menus/consumer/shop/rights.shtm
However, in this case it is different because it is not a matter of them not delivering to you so much as you (the customer) not coming to pick it up. As I said you should have just gone without the receipt. I'm willing to bet customers forget receipts all the time. Show some photo ID, date, what you purchased and they would have probably be able to find it on their computer system a couple of months afterwards. Still if I was Sears when you didn't come I would have just refunded you your money to avoid this sort of situation. Have you checked your account to make sure Sears didn't do this?
You may have a receipt, but any body with a computer, a printer, and a little bit of skill can make a authentic looking receipt. You cant reasonably expect them to give out 600$ worth of merchandise to somebody who comes in with just a receipt, they would get conned out of millions that way.
I would take the 300$ back and consider it a lesson learned.
You can get a good dryer from home depot delivered to your house for that price:
http://www.homedepot.com/webapp/wcs/sto ... 96%2B90401
I bought my dryer from home depot, I paid 240 for it, and 65$ for the shipping and installation (although that also included the washer shipping and installation).
In anycase, if I was in your position, I would take the 300$, and go to homedepot.com and buy a new dryer for that price. It may not be exactly what you want, but you get a dryer without losing any money.
I agree, 100%.
Often times, corporations worry about corruption in the lowest levels (which is actually a heck of a lot more common than corruption higher up), and so they give the sales, customer service, etc reps absolutely no power. They are forced to follow every single last rule. The rule says to give nothing, then they give nothing. Interestingly enough, the first level of management has this same problem. They seem to be able to bend the rules, but that's because they operate on a different rule set. As you go higher, the rules become less and less binding (not more bendable, mind you), and the loss potential becomes less of a problem.
Very true; consumerist.com has a plethora of stories of how people have gotten corporations to respond to their complaints when their first, second, thirteenth attempts have failed. The bottom of the totem pole general has stock answers, no power to solve problems, and little interest in pushing harder since there isn't a prospect of them getting another sale.
I still think you're missing my point a little: When I was working for Cingular (now AT&T Wireless), I actually could not give the call over to a supervisor unless the customer specifically asked for it. I also could not recommend they talk to a supervisor. I couldn't even imply that I had a supervisor. I had not interest in making a sale, and every interest in helping the caller, but unless they took the initiative, I couldn't help them if their problem was unusual. This led to a lot of frustration on my part, as there were a number of people I wanted to help, but I was helpless to do so.
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