ComplaintsforWhite Birch Armory

• Initial Complaint

  05/03/2022

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  Did not receive the firearm I ordered. The photo on the website indicated that the pistol was able to fire both .38 Special and .357 magnum rounds. The pistol that I received only fires 38 Special

  Business response

  05/09/2022

  The customer states in his complaint he did not receive the firearm he had ordered, indicating that the photo on our website advertised that the firearm was capable of firing both .38 Special ammunition and .357 Magnum ammunition. He cites the photo from our website as evidence the prove his claim.

  This customer purchased the Weihrauch Guns Windicator 38 Special 6rd 4? Blued Steel Cylinder & Steel Blued Aluminum Frame Black Rubber Grip Revolver (UPC: 741566104237) on April 21st 2022.

  As is shown in the screenshots provided, there are THREE clearly visible indicators of the caliber of this firearm:

  The first is clearly stated in the bold lined title of the firearm which reads “Weihrauch Guns 770123 Windicator 38 Special 6rd 4? Blued Steel Cylinder & Steel Blued Aluminum Frame Black Rubber Grip. 

  The second place the caliber of the firearm can be located is in the body of the description of the firearm, which reads “A powerful reminder of revered German engineering, the Windicator continues to hold a proud position in the EAA line-up year after year. Its straightforward design leaves little room for complication; sturdy, reliable, and ready when you need it. The Windicator features a DA/SA trigger with a hammer block safety, spurred hammer, and shrouded ejection rod. It has a 6-round capacity, fixed sights, and molded rubber grip. This 38 Special has an alloy frame with a 4? barrel and a blued metal finish.”

  The final location for the caliber of this firearm is located at the bottom of the web page, in the details section of the page which clearly states “Caliber: .38 Special.”

  Weihrauch Guns (the manufacturer) sells two options for this firearm; one chambered in .357 Magnum (UPC:741566 103612), and one chambered in .38 Special (UPC: 741566104237). We utilize stock imagery provided by our distributers and the manufacturers we purchase from, and due to the large volume of inventory we carry, cannot ensure accuracy in all aspects of the information that we display. To account for this, we incorporate a series of redundancies to ensure accurate information to the best of our ability when advertising inventory on our website such as providing the caliber, make, and model in multiple locations on product pages. This is detailed extensively in Section Three of our Terms and Conditions.

  Customer is seeking return/exchange resolution:
  The firearm was shipped to the FFL (Federal Firearms License) Dealer on April 28th 2022. The Firearm was delivered on May 2nd, 2022. The customer conducted his background check with his FFL Dealer and signed for possession of the firearm. Under the Firearms Section of our Return Policy it is explicitly stated that it is the consumers responsibility to “Inspect all firearms before completing the transfer at the dealer we shipped to. Once the transfer has been completed, the firearm is considered used and we cannot accept a return. If there are any issues or defects with your firearm after it has been transferred, you will need to contact the manufacturer for instructions on warranty returns.” At the time of receiving the firearm from his selected FFL dealer, a full inspection of the firearm by the consumer should have been conducted before transfer of the firearm occurred. This is common standard practice with most, if not all, firearms dealers due to the nature of the transaction. Once the firearm is transferred and is out of sight of the dealer, we cannot accept a return. This is due to many factors, but namely because if the firearm is modified or changed in a way the makes use or handling of the firearm unsafe, the dealer receiving the firearm back would have no knowledge of this and could potentially create an issue of liability. Therefore since this is now considered a “used firearm” we cannot accept it for return or exchange.

  Customer response

  05/09/2022

  Complaint: 1713****
  I am rejecting this response because:

  The picture in the ad offered a firearm that shoots BOTH 357 and 38 special ammo.  The ad never specifically says that the firearm shoots ONLY 38 special.

   I have enclosed both the screen shot in the advertisement and the response from ***** ***** ****** attesting that the wrong picture was used. 

   

  If the company will not accept the firearm in return, the should at least compensate me the difference in what I can get from what I can sell it for to what I paid for it.

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

  Business response

  05/19/2022

  As stated in the previous response, the customer was provided with numerous indications of the caliber of the product they were purchasing.  This was then confirmed through an order confirmation email as well as a shipping confirmation email.  The customer then had an opportunity to review and inspect the product before taking it home from their dealer.  Once a firearm has been transferred out of the possession of a licensed firearms dealer, it is now considered a used firearm and as such we can not take a return. 

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