-=PCTechTalk=- Re: Fw: Best Buys Return Policy
- From: "Larry Southerland"<larrysoutherland@xxxxxxxxxxxxx>
- To: pctechtalk@xxxxxxxxxxxxx
- Date: Wed, 4 Jun 2008 23:26:21 -0400
Just a few observations, if I might:
1. First, I understand your frustrations and I do not shop at Best Buy
myself.
2. Best Buy is not the only company that has such a policy, especially on
electronics items such as computers, iPods and GPSes. (I'm not justifying
the policy, just explaining it). I used to work in retail (at Circuit City)
and a small segment of the population would abuse Circuit City's generous
return policy (e.g., purchase an item like a GPS for a summer trip and then
return it when they no longer needed it). In addition, return policies for
non-defective goods actually cost companies a lot of money -- items which
are returned after having been opened usually have to be discounted
(sometimes significantly) to be sold as "open items." The "restocking fee"
is designed to compensate (in part or in whole) the seller for the loss that
it will take when it resells the goods. In addition, most States (and, if
memory serves, the FTC) have laws which prohibit the undisclosed selling of
previously-sold items to other customers. (It constitutes fraud and in most
States, an unfair and deceptive trade practice.)
3. Your best argument would be that Best Buy never disclosed their 15%
restocking fee prior to your purchase. It would not matter that their sales
policies are on the back of the receipt (if you had no prior notice of them)
because one cannot unilaterally impose additional terms to a sales contract
*after* the sale has been completed. However, it is likely that somewhere
(probably near the customer service counter) there is a sign posted which
states that (1) there is a shorter return policy for certain items (so many
days for computer equipment, etc.) and (2) there is a 15% restocking fee on
these (or all) items. If such a sign exists, your argument that you didn't
know about the policies or weren't told about them would, in my humble
opinion, be meritless.
4. One should always make one's purchases on items over a fixed amount
(say, $50.00) by credit card because of the federal regulations which allow
one to dispute charges within 60 days from the date of the receipt of the
statement on which the charge appears. HOWEVER, you usually have to write a
letter explaining one's basis for objecting to the charge and I know of
several credit card companies will issue a credit for the charge minus the
restocking fees.
5. As I said, I understand your frustration. I remember what happened
about ten years ago to me when I purchased a Acer notebook computer directly
from the company. When I received the computer I discovered that the item,
sold to me as new (at full price), had been previously-owned by someone else
(all their information was still on the computer, including name, credit
card information, etc.). When I called Acer about the problem, they told me
that "well, it was new TO YOU." When I then told them that I was returning
the unit, they tried the 15% restocking fee game on me and forcing me to pay
the return shipping costs. I pointed out that they had not disclosed such a
policy to me prior to selling me the unit. They were going to take a hard
line with me until I suggested that they run the situation by their
corporate counsel and call me back, commenting that I was a 3d year law
student at the time, about to take the North Carolina Bar Exam. After about
an hour, I received a telephone call from the salesman who was sending a
shipping label and offered me the unit three models up than the one that I
originally purchased at the same price I paid for the other unit.
If you can still get the $45 gift certificate from Best Buy's corporate
office, I'd suggest that you take it. You can give it to someone as a
birthday present or purchase some DVDs that you would otherwise have
purchased. Then don't darken their doors ever again. Vote with your feet,
as the saying goes.
Insofar as I am only licensed to practice law in the State of North
Carolina, I am not offering any legal advice in this letter and no
attorney-client relationship should be deemed to be created by my posting my
observations and comments.
-----Original Message-----
From: pctechtalk-bounce@xxxxxxxxxxxxx
[mailto:pctechtalk-bounce@xxxxxxxxxxxxx] On Behalf Of Glo
Sent: Wednesday, June 04, 2008 10:46 PM
To: Augie 2
Cc: Sue; pctechtalk@xxxxxxxxxxxxx; Pam Hunts; norm stewart; Elmer Dinse; Ed
Froment; Dee & Chuck Phemister; Danny Wilsher; Chuck Hunts; Bobbie
Subject: -=PCTechTalk=- Fw: Best Buys Return Policy
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Well, truth is sometimes stranger than fiction. This is true, I checked th=
e website ~Glo
Subject: Best Buys Return Policy
THIS IS TRUE, I CHECKED IT OUT ON SNOPES
BEST BUY, MY FOOT=20
Best Buy has some bad policies....=20
Normally, I would not share this with others, however, since this could h=
appen to you or your friends , I decided to share it. If you purchase somet=
hing from, Wal-Mart, Sam's Club, JC Penny, Sears etc. and you return the it=
em with the receipt they will give you your money back if you paid cash, or=
credit your account if paid by plastic.=20
Well, I purchased a GPS for my car, a Tom Tom XL.S from 'Best Buy'. They =
have a policy that it must be returned within 14 days for a refund!=20
So after 4 days I returned it in the original box with all the items in t=
he box, with paper work and cords all wrapped in the plastic. Just as I rec=
eived it, including the receipt.=20
I explained to the lady at the return desk I did not like the way it cou=
ld not find store names. The lady at the refund desk said, there is a 15% r=
estock fee, for items returned. I said no one told me that. I said how much=
would that be. She said it goes by the price of the item. It will be $45.0=
0 Dollars for you. I said, all your going to do is walk over and place it b=
ack on the shelf then charge me $45.00 of my money for restocking? She said=
that's the store policy. I said if more people were aware of it they would=
not buy anything here! If I bought a $2000.00 computer or TV and returned =
it I would be charged $300.00 dollars restock fee? She said yes, 15%.=20
I said OK, just give me my money minus the restock fee.=20
She said, since the item is over $200.00 dollars, she can't give me my mo=
ney back!!!=20
Corporate has to and they will mail you a check in 7 to ten days.!! I sai=
d 'WHAT?!'=20
It's my money!! I paid in cash! I want to buy a different brand..Now I ha=
ve to wait 7 to 10 days. She said well, our policy is on the back of your r=
eceipt.=20
I said, do you read the front or back of your receipt? She said well, the=
front! I said so do I, I want to talk to the Manager!.=20
So the manager comes over, I explained everything to him, and he said, we=
ll, sir they should of told you about the policy when you got the item. I s=
aid, No one, has ever told me about the check refund or restock fee, whenev=
er I bought items from computers to TVs from Best Buy. The only thing they =
ever discussed was the worthless extended warranty program. He said Well, I=
can give you corporate phone number.=20
I called corporate. The guy said, well, I'm not supposed to do this but I=
can give you a 45.00 dollar gift card and you can use it at Best Buy. I to=
ld him if I bought something and returned it, you would charge me a restock=
fee on the item and then send me a check for the remaining 3 dollars. You =
can keep your gift card, I'm never shopping in Best Buy ever again, and if =
I would of been smart, I would of charged the whole thing on my credit card=
! Then I would of canceled the transaction.=20
I would of gotten all my money back including your stupid fees! He didn't=
say a word!=20
I informed him that I was going to e-mail my friends and give them a head=
s up on this stores policy, as they don't tell you about all the little cav=
eats.=20
So please pass this on. It may save your friends from having a bad experi=
ence of shopping at Best Buy
It's true! read it for yourself!!
Best Buys return policy
=20=20=20
=20
=20
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