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    ComplaintsforGamers-Corps

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    • Complaint Type:
      Product Issues
      Status:
      Answered
      11/5/2022 After purchase of a Top Trumps Harry ****** card game from Gamers-Corp in Elicott City, Maryland, it was discovered that the pack was defective (missing a card, and therefore unplayable). The item was returned to the store, and the store exchanged it for another pack, which was also defective (also missing a card). When asked for a refund, the owner refused, stating their personal refund policy. Attached is a picture of their response to a negative review, wherein the owner states that he did not issue the refund because he is not responsible for the manufacturer's defect. His refusal to issue the refund is illegal. (From the Maryland Attorney General's website: "Under Maryland law, stores must post their return policies on the wall, on the merchandise, or on your receipt. A store can refuse to accept returned merchandise if that is their posted policy. If the policy isn't posted, the store must accept returned merchandise within a reasonable time period. If an item is defective, the store must repair it, replace it or give you a refund, regardless of its regular refund policy.") A back and forth conversation ensued through google map's chat feature. The business owner again refused to accept responsibility for the manufacturer's defect, but upon learning that it would be an hour's drive to go back to the store (it would cost as much or more in gas to drive to the store to return the item as the item itself is worth- around 11 bucks), and being confronted with the illegality of his actions, he maliciously complied and offered a refund IF the original product (which he had already refused, in person, to issue a refund for) were to be returned to the store. All we are seeking is for the store owner to follow the law, issue the refund, and not saddle future customers with the financial burden that is his alone. Given his initial illegal non-compliance with the law, it seems unjust that the burden to get the item back to the store fall on us.

      Business response

      11/18/2022

      Business Response /* (1000, 5, 2022/11/09) */ Mr. Tremblay's complaint is not only inaccurate and misleading, but a lie. In fact, the transaction in question doesn't even involve him. One can say he is now simply trying to extort our company, using the threat of legal action, and general intimidation. He is doing so all for the purpose of obtaining a refund to a product he didn't purchase. The customer it DOES involve was assisted with contacting the manufacturer to request a replacement piece (ENCL: Email). The interaction was completely professional, and while he may have been disappointed at the initial outcome, he understood the situation. He even said "Thank you, I know it's not your fault" before departing the store. We have not heard from that customer since. It was about 5 minutes later Mr. Tremblay returned to the store becoming verbally aggressive with our staff. He returned the purchase he did make, an entirely different product (WINGSPAN: Oceania) of which he received a full refund. He proclaimed he didn't want to support our store and would give us a 1-star review before departing. He was upset over his friend receiving an alleged "defective product" and not being able to return it initially. Our staff remained professional the entire time. Our manager immediately contacted me when interacting with the customer it did effect, and after the interaction with Mr. Trembaly. I personally reiterated our refund / return policy and made sure the effected customer received the help they needed in acquiring the manufacturer's contact info to get a replacement part. He then detailed both occurrences in his manager's log, which is attached. Later that evening, Mr Tremblay posted his review. After speaking with my staff and researching the incident, I responded accordingly (ENCL Google Review). Upon seeing my response, Mr. Tremblay began contacting me through the Google Maps Chat feature. I could tell he was upset. I informed him we will NOT take responsibility for the alleged "defect" by the manufacturer, BUT we would absolutely refund him if the product was returned in its current condition. This was my first response to him upon receiving the google chat message. Mr. Tremblay has falsely claimed we only offered a refund after finding out he lived an hour away. This is another lie told by Mr. Tremblay. You can see within the attachments that I offer to refund the product well before he states he "lives an hour away" and numerous times afterward. None of this was satisfactory to Mr. Tremblay. His attitude became more combative and disrespectful to which I soon blocked him to avoid further confrontation. Factual Points: 1. Mr. Tremblay didn't purchase the product in question. 2. Our refund policy is posted in full view for all customers. 3. The customer who did receive the product thanked us for the assistance in helping him acquire the missing piece and hasn't contacted us since. 4. The product in question is still playable, and not defective. It most certainly doesn't cause loss of life or limb. 5. We cannot claim responsibility for missing pieces as we have no control over its creation, point of origin, packaging or shipping. 6. We offered to refund it no less than 10 times. IN SUMMARY: The truth is Mr. Tremblay can't return the product because he never purchased said product. It's not his transaction to request a refund. He is masquerading as another customer to receive free money and attempting to intimidate us and threaten us with legal action if we don't comply with his demands. I can only refund a transaction - one being the exchange of good or services for currency. A good teachable moment for Mr. Tremblay. We have spoken to legal counsel and are in the process of notifying the local authorities as Mr. Tremblay's behavior has made our staff uncomfortable. He has been banned from the store for his aggressive behavior. The original customer will absolutely receive a full refund should he bring back the original product. Consumer Response /* (3000, 7, 2022/11/10) */ (The consumer indicated he/she DID NOT accept the response from the business.) The item was returned, and the owner refused to refund it. Now, the owner is saying go ahead and return it for a refund, but refusing to take care of the item being returned. It is my understanding of the law that he must pay for shipping if he would like the defective item returned. His insistence on the item being brought back to the store came about after he learned of the long drive required to do so. This owner clearly took advantage of a customer who was too nice to insist on his consumer rights, and is continuing to do so. I am representing my friend, who was the victim of illegal refusal to issue a refund. The owner is trying to twist this into more than it is: a simple case of a business owner refusing to comply with consumer law and then gaslighting the customer and pretending to be accommodating.

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