ComplaintsforCW & Company, Inc.

• Initial Complaint

  11/16/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In October of 2023, our business purchased 2 wholesale toy pallets. We paid now the brand name toys as they did have generic brand toy palettes for cheaper. We also communicated during our transaction that we did not have a shipping dock or forklift and would require a lift gate from the shipping company of which we paid extra for. These toys were for a Toys for Tots toy drive that we do annually. After waiting longer than expected for our items to arrive, I reached out for a tracking number or an expected delivery date. A tracking number was refused but we were told the package was scheduled to arrive November 7th. It did not. I reached out again and was told it would be at our location between 9am and 2pm on the 8th. Again, it did not arrive. At this point, I became concerned as a first time buyer from this company that this could be a scam. Especially because on their site, they have noted that they are BBB Accredited but on the BBB website, they are not. I spoke with **** verbally on the phone to confirm this transaction was not a scam and that she would contact the shipper to find out what was going on. I then recieved texts back from **** with information telling me that the shipping company would get back to me. A gentleman from called me back and informed me that my package was currently in ******** and that they do not have a lift gate noted and that they won't have one until the following week and that I could drive the 2 hours there to pick it up. Due to our scheduled toy drive, this at my only option. I drove there with my husband, broke down the palette ourselves, and loaded into our two personal vehicles. Once we got back to our store, we realized that 116 of the 367 toys we recieved were, in fact, not name brand. We reached out with photos only to be passed on to the *** The ** responded with attached email that was not helpful and I responded with my attached email. I'm now not being responded to at all which is why I've come here.

  Business response

  11/27/2023

  To Whom It May ****************** client has yet to reply to our response to her. I personally sat a long time, investigating the situation, researching brand names, department stores and prices of the toys received, and was hoping to receive some sort of reply, which I still have not received. There were many discrepancies in her complain, including inconsistencies in the number of items received vs. the manifest from the department store, claims that items were not branded when they obviously were from reputable brands such as Paw Patrol, ****** Toys and Blue's Clues. Here is the reply to the client:

  Hi *****:
  
  
  This whole situation really bothered me because we never have complaints about our toys, so I decided to dig further and look into everything. I contacted our warehouse that has the manifest of the toys received. I made sure that Quality Control could confirm exactly how many toys were shipped out. There were 2 groups of toys together,1 order with 201 pcs, and the other order with 200 pcs. That's a total of 401 pcs of toys. If there is any doubt, I will be happy to get you a signed affidavit from the warehouse that 401 toys were shipped to you.
  
  
  After looking at the manifest of the toys, I went 1 by 1, UPC by UPC, to find the brand names of each of the toys. I then cross referenced them to what department stores they are sold at. If they were only sold at 1 department store like just ******** it *** be considered a private label, so here is the summary: [ please see attachment for summary]

  * PIRATES CRAFT BOX - $12.98 - BENDON PUBLISHING - ******* & T**GET
  BENDON IS THE ***** FOR L.O.L., BLUE'S CLUE'S (WWW.BENDONPUB.COM)
  
  
  As you can see, half of the items you labeled as generic or private label are very much brand names. You *** not be familiar with them, but they definitely are. The bold items are the ones where there *** be a question because of their diversification of sales in the market. The original retail price is on there as well. Of course, this is the ***** so prices will be lower in some stores and a lot lower in others. I saw one item selling at full MSRP in one place and then 75% off in another. There is no rhyme or reason for that.
  
  
  You claimed 17 ** Game Bow & Arrow, but the manifest shows that there was only 12 in the case. All of these toys come to you in their original cases, so there could not be 17. The shooting pursuit comes in a case of 24 and you say there were 10. The Team Time Treats and Coffee Brew are 12 each, yet you claim only 6 each (they are brands as you can see, so that does not matter).
  
  
  I am very confused about this. However, when summarizing everything, per your quantities (minus the extra 5 from the ** Bow & Arrow) and the newly revised list of non-perceived brand names. There are 53 units that *** be perceived as non-brand-name.
  
  
  53/401 is 13% of the total toys units. Looking at the different UPCs, 9 out of 58 *** be perceived as non-brand-name.
  
  
  You paid for your merchandise - $2,198. -> $2,198 / 401 units = $5.48 per toy
  
  
  Our private-label toys - 180 toys for $899 -> $899/180 units = $4.99 per toy
  
  
  Difference -> 53 x $0.49 (difference from branded to private label) = $25.97
  
  
  Here are the 2 different options we can do for the merchandise:
  
  
  Option 1: Keep all the toys and for those toys, $25.97 refund per your proposal in your email of the difference between branded and private-label toys
  or
  Option 2: Keep all the toys and for those toys, reconsider purchasing from us at a later date and I will offer you a $290.44 credit on any order that you do in the future which is what you paid for them.
  
  
  Remember, we are still working on your shipping situation and will let you know as soon as the shipping company notifies us.
  
  
  Sincerely,
  *****
  Closeouts World

  I would like to rectify the situation, but instead of giving a response to this email, all the client has been doing is going on social media and talking negatively about our company, complaining to the BBB and threatening legal action. At this time, we are not really sure how to proceed without a reply from the client.

  *****

   

  Customer response

  11/28/2023

   
  Complaint: 20878679
  
  I am rejecting this response because:

  Though the price difference in toys is acceptable,  the extra cost of the lift gate that was paid should be refunded regardless of who is at fault whether it be the shipping company or your company,  it most definitely was NOT the consumer. Though you mention the department stores of which the toys are sold in,  the branded name on more than what you mentioned are not known brands as your slighted marketing strategically advertises (ex. ******* little tikes, ****** price, etc). The amount of toys are not correct.  A Manifest would be greatly appreciated and an investigation into the missing pieces would be appreciated as we've only recieved 367 pieces individually which still falls into the range that was promised but would greatly throw off your % rate.  

  Though not asked originally,  I would think the company would do its best to reconcile a situation that led a consumer to having to drive out of state to collect items from a warehouse because of the shipping catastrophe. 

  I last recieved communication from you on November 11th of which I replied.  I have gotten no further communication from you and after waiting a week is when my customer reviews began being placed on social media and ****** reviews.  If by talking poorly about your company, you mean the honest and customer reviews that I've been giving then you're correct.  Those were my next steps and ones that I deem justified for not only myself but for potential future patrons to keep them from such a negative experience. 

  Please forward any communication you sent to me after the date of November 11th with a timestamp because until my mention of seeking legal representation, I've not heard a word from you and neither had the BBB. 

  I think it's also interesting that on your website,  you all claim to be BBB certified when,  in fact, you're not.  

  
  Sincerely,
  
  *******************************

  Business response

  12/08/2023

  Good morning,

  On the first point, as I mentioned in the last email, we are waiting for the shipping company to adjust the cost of the liftgate. In the same way that other companies that provide services tell their clients that it will take up to a billing cycle to get the refund back, we have been told the same and are still waiting for a reply on the date.
  Regarding the toy brands, we never specify specific brands. We state brands and that there are many more brands. And yes, it is marketing, in the same way, that every company markets and showcases its items, we do the same. We do not market Versace and ***** and ship out ************** We market and ship out exactly what we promised. And as you see from the last reply, if there is something that does not fall into your brand realm because it is not a big national brand, we were willing to work with you on it.
  Regarding the number of toys, you picked up in a non-traditional method so it will take time to see if there were missing items in the order. We have signed affidavits from the warehouse that the order had the ~400 pieces there so if something went wrong, it would have been possibly due to the abstract pickup and the shipping company said that they can investigate but do not know how long it will take.
  We cannot control the shipping company...it is not our drivers or trucks as you know and if they have a delay and you decide to go to the mid-way point of the shipping to pick up, it is your decision. We cannot stop you if the shipping carrier agrees to it, but we cannot be held responsible. If **** has delays with the mail and you get your package after the date you were told, you cannot ask the store for a refund because it was late. This is the same. This was not our fault. We did our best to get it to you. Obviously, we strive to satisfy the client and if it does not happen it is of course unintentional from the point of the carrier.
  

  The reviews that you have given are not honest. By telling people not to buy from us because you had a certain experience does not mean that all clients have this or any other negative experience. We have had thousands of clients over the years. If every client had a bad experience, we would not be in business anymore, but we are and we are growing from year to year. Going on the internet and telling people not to buy from us is not fair and all experiences are not the same. I respect your decision to do so, but we will do what we need to do to make sure that clients know our side of the story as well and that they understand that besides the shipping carrier situation, we have done nothing wrong here and even tried to go by your resolution that you proposed and further give you a credit.
  Again, I am sorry about the situation, but I would still like to try to rectify it.
  *****

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩