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BMW 3-Series (E90 E92) Forum
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****Help Needed: Vendor Refusing to Honor Refund Terms****
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10-09-2008, 09:39 PM | #24 |
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I just stumbled upon this and i'm amazed how i'm here daily as a presence on this forum and SupremePower has been a reputable vendor here for long enough for members here to know this is not how we run our business. A GB was run on this product in question and we basically costed out the product to run the GB. This gentleman was offered a STORE CREDIT for the full amount of his return and insisted on a refund to which we had no other choice but to offer that up with a restocking fee. We don't set out to charge restocking fee's but like anyone else we pay a percentage on charges as well as chargebacks. Shipping costs are incurred from the supplier and likewise to the purchaser of said product. That being said i've spoken to Eric and we will make good on this gentleman's return and give him his FULL REFUND. Jeff is no longer with SP so we have no real way of knowing what he stated but for future reference guy's try to take the time to see things from both sides.
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10-09-2008, 09:50 PM | #25 |
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By the way to the OP I was at BMFeast along with you on saturday and I was even told that someone directed you to me when you asked if he worked for SP. So if you had an issue why not come discuss it with me?? We're here to try to service our customers and this forum as best as possible.
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10-09-2008, 09:51 PM | #26 | |
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More great service from Supreme Power. You guys definitely go above and beyond, i've had nothing but great customer service from SP. I wouldn't expect a "FULL" refund from another companies product that i bought from a vendor just cause at the end of the day i didn't "think" the quality was good enough. I would either try contacting the actual manufacturer with my concerns or just eat the Re-stocking fee. Also funny how everyone jumps in to BASH a very reputable vendor that has brought the community nothing but great products at fantastic prices, before even hearing their side of the story. AGAIN, great job Supreme Power and glad everything worked out in the end. |
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10-09-2008, 09:53 PM | #27 | |
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However, I must make it clear that Jeff offered me both options of store credit and full refund credited to my cc. He asked me to look around first to see if there was anything I needed from SSP so that I can use the store credit. But in the end I didn't need anything and HE AGREED TO ISSUE ME THE REFUND AS LATE AS LAST THURSDAY. Here is the common sense part of this: I can easliy sell this SSK on the forum for $299 (actually one was just sold: http://www.m3post.com/forums/showthread.php?t=175514). So why would I lose $75, waste money on shipping, and get into this dispute?! Oh right...They told me that I would get full refund. |
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10-09-2008, 09:56 PM | #28 | |
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So who was that person that told you I was looking for SSP?! I would love to hear the name. Also the return package was already delivered to your shop before BMFeast, and I was already told by Jeff that I would get full refund last Thursday, so why would I still look for you? Please. STOP LYING. The forum deserves the truth. |
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10-09-2008, 10:08 PM | #29 |
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First you never spoke to me so they weren't my words, we're making good on something that is not SP's policy despite what you were told by Jeff who is no longer with us to verify said conversation. Your credit card will be refunded the full amount as stated. No one here is lying to you I was told by someone who knows you that he believed you asked him if he worked for SP and he stated no i don't but Craig from Supremepower is here. If thats not the case then he simply mistoke you for someone else..
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10-09-2008, 11:43 PM | #30 |
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Just confirmed with another AA SSK groupbuy member that he did not receive an invoice either.
Hence, I was never told over the phone or by invoice the terms and conditions of the purchase which included the 25% restocking fee. Craig, to be honest, I didn't know that you lived in NJ until just now. And I don't know what your relationship with SSP is, but this was a SNAFU caused by the upper management of the company. Jeff may have acted differently than what your standard practice calls for, but to me, as a customer, he represents your company. And I as a customer shouldn't be paying for the mistake of your ex-employee due to the lack of training. I understand that perhaps you are just passing the words, so hopefully there are no hard feelings between us. GL! |
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10-10-2008, 09:37 AM | #32 |
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Just like I said....
SPP FTW!
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10-10-2008, 10:36 AM | #33 | |
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First, thank you for doing what you are LEGALLY supposed to do. But what I wanted to get to, Jeff was an agent of your company. Authority is one of two basic types: actual and apparent. Actual authority depends on consent that the principal (That would be Supreme Power) manifests to the agent. It may be either expressed or implied. In either case, such authority is binding and confers upon the agent both the power and the right to create or affect the principal's legal relations with third persons. If you are saying Jeff had no right to offer the full cash refund then he did not have actual authority. But I haven't explained apparent. Apparent authority is based upon acts or conduct of the principal that leads a third person to believe that the agent, or supposed agent, has actual authority, upon which belief the third person justifiably relies. Common ways in which apparent authority may arise include the following: 1) When a principal (Supreme Power) appoints an agent to a position in an organization, third parties may reasonably believe that the agent has the authority to do those acts customary of an agent in such a position. 2) If a principal has given an agent general authority to engage in a transaction, subsequently imposed limitations or restrictions will not affect the agent's apparent authority to engage in that transaction until third parties are notified of the restrictions. rldzhao, the third party, based off of Jeff's actions, believed that Jeff had the authority to approve a full refund. rldzhao justifiably relied and acted on this belief and sent the part back to Supreme Power. It doesn't matter if Supreme Power never gave Jeff the authority to issue refunds or fired him. As an agent of your company with apparent authority, any contracts (offering the full refund was a contract. There was the offer, acceptance by rldzhao, and his consideration of sending the part back) Jeff entered into must be honored by the principal part, Supreme Power. If rldzhao took you to court you would have lost.
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10-10-2008, 11:50 AM | #34 |
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Why keep arguing about this? SPP settled it and OP got a full refund.
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10-10-2008, 12:11 PM | #35 | |
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IANAL While all that matters, what matters more is the OP lives in NY and SPP is in CA. In NY and CA, restocking fees are illegal unless the buyer is made aware of the policy at the time of the purchase. http://www.consumeraffairs.com/news0...c_refunds.html and http://www.lawyersandsettlements.com...king-fees.html and perhaps most importantly: http://www.dca.ca.gov/consumer/holid.../returns.shtml In other words, unless the OP was told of the restocking fee at the time of the purchase, SPP doesn't have a leg to stand on, as you suggested. |
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10-10-2008, 12:14 PM | #36 |
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+1
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10-10-2008, 12:19 PM | #37 | ||
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Supreme Power took care of the customer as they always do... let it go! You sound more upset than the OP. He's happy he got his full refund, yet you keep stirring things up. Arm Chair Attorney FTL!!! |
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