ComplaintsforImpulse Creations Inc

• Initial Complaint

  01/21/2022

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  On May 28, 2021, I ordered a soundtrack on vinyl titled "Dark Nights: Death Metal Soundtrack" from Impulse Creations website. I was charged $52.00 for this item. I waited several months and had not received the product I ordered. In checking with the business they were waiting for more inventory on the item. I filed a request through their website, as they do not take phone calls from customers, and on January 15, 2022, was told by the company that they only received a limited number of copies and were hoping to receive more within the next few months. They offered to cancel my order and refund my money if I did not want to wait any longer. On January 18, 2022, they reached out to tell me that they processed the return. About 20 minutes later, they emailed again to tell me that because it was more than 180 days since I ordered they could not give me a refund but would instead give me store credit. The company said that they were hoping the distributor would have more available but did not. I asked them to send me a check for my refund and they refused. Since they took my money for a product they could not deliver on, I feel I am entitled to a full refund, not store credit. At this time I want a check for the full amount I paid mailed to me. Store credit is not acceptable. I would like to resolve this amicably so that I do not have to file a lawsuit and complaint with the State of Oklahoma, Consumer Protection Unit.

  Business response

  02/03/2022

  Business Response /* (1000, 5, 2022/01/24) */ The item ordered was heavily allocated by the manufacturer after preorders were accepted. We filled orders in the the order they were received from customers but filling all orders was not possible. Some customers chose the preorder option to pay for the item when it became available so those customers have simply never been charged. For those who chose to make a payment at the time the order was placed, those payments were immediately refunded to the card used where possible. Credit card companies do not allow refunds back to cards after 180 days though. In such cases, it is our policy to issue store credit to be used on another item with no expiration date. That was the only option available to us in this case and store credit was sent as soon as the card processor declined the refund. We informed the customer of this and that we were still working to try to obtain additional stock from other sources but he insisted that abiding by our refund policy was not acceptable and immediately filed a fraud claim with the card processor. When the processor denied that claim due to the fact that they were the ones denying the refund in the first place, the customer became irate. He levied threats against us if we did not agree to his demands. He insisted that his needs were to be put above those of any other customers who also wished to receive their order if we could get more. He has been adamant that rules and policies do not apply to him and that he must be given special treatment over all others. He is still on the list to receive this item if we are successful in receiving more but we do not negotiate with terrorists. Threatening us will not gain an advantage over other customers who do follow rules, understand the realities of the current worldwide supply chain issues and banking rules. Those other customers will not be penalized for failing to engage in abusive behavior and thereby allowing someone else to jump over their place in line. Consumer Response /* (3000, 7, 2022/01/29) */ (The consumer indicated he/she DID NOT accept the response from the business.) As previously stated, I understand that the manufacturer did not send you enough of the item in question. I also understand that orders were filled in the order they were received. As you stated in your response to the BBB, "filling all orders was not possible." Again, I understand this. Since you are unable to fill the orders that you received money for, it stands to reason that you would return the money for the items you are unable to fill. You do not get to keep money for products you did not and cannot deliver on; nor is it reasonable to expect customers to wait more than 9 months for delivery. It is reasonable, at this time, for me to expect a refund of the money I gave you in exchange for a product, which you state you have not and cannot deliver on. As I have stated prior, a store credit is not an acceptable refund in this case as you have failed to deliver the item purchased. Had I received the item and chose to return it, I can fully understand receiving store credit; however that is not the case here. On 01/14/2022 at 10:19 PM, I asked you "I was wondering if I could get an update on my order?" On 01/15/2022 at 11:28 AM you stated that you have only been receiving a few copies at a time and stated that you "hope to receive more within the next few months." In the same email you stated "If you don't want to wait we understand and apologize and can cancel and refund you back your money." I stated that I would like you to cancel and refund my money. On 01/18/2022 at 14:41 you stated "I have processed that return for you and we are sorry about the wait and inconvenience." At 15:04 that same day you emailed again and stated that you could not process a refund because it was more than 180 days any my credit card company doesn't allow returns. I asked you to refund me by check and you stated that you "can only issue store credit because it has been too long since the order was placed." On 01/18/2022 at 16:27 you also stated "Ideally if we could get the product we would send that but unfortunately we are unable to receive anymore." Since you are now "unable to receive anymore" of the product I ordered, it stands to reason that you should return my money. On 1/18/2022 at 16:48 you stated that you tried to send a refund but Paypal wouldn't allow it and stated that I could "file a dispute with Paypal." Based on your recommendation, I did that. On 01/21/2022 at 10:03 you were clearly upset that I reached out to Paypal and stated in your message that I "filed a fraudulent claim" with them. That is not the case, as you are surely aware, since I was doing what you specifically said I could do. In the same message you state that because I did as you instructed you were going to prioritize other customers ahead of me, despite telling me I was at the top of the list, because I followed your suggestion and tried to work with Paypal to resolve the issue. As a result of my communication with Paypal, they suggested that I contact the bank that issued my card to pursue a chargeback. Paypal has also sent documentation of the issue so the bank can make a decision. At no time during my communication with you did I levy threats against you. I offered you other solutions to the situation. At no time did I ask you to prioritize my needs above your other customers. In fact, I did quite the opposite in accepting you offer of a refund of my money, thus freeing up what little inventory you received so that you could prioritize others ahead of me. You are the one that has levied threats against me by stating that you were moving me from the top of the list to the bottom of the list because I did as you stated on 01/18/2022. You have also lied and defamed me by 1) Claiming that I made a fraudulent claim against you; 2) Stating that I have levied threats against you; and 3) Stating that I insisted you prioritize others needs ahead of myself. I am simply asking for you to return my money, which I am legally entitled to under state and federal law, since you stated that you are not able to receive any more of the product I ordered. Business Response /* (4000, 9, 2022/02/01) */ We have not exhausted all of our options for trying to obtain more stock so there is a possibility although the chances are slim at this point. However, many customers are waiting and none of those other customers made threats or any other demands as they do not consider themselves to be more important than anyone else who is waiting. It's only your self-centered actions which put you at the bottom of the wait list. As for a refund, one again, refunds always go back to the originally used card whenever allowed by the card processor. Once too much time has passed and the card processor (not us) refuses the refund, it is our policy to issue store credit. That is our only obligation and we did so without hesitation. Despite that being our policy which applies to all customers and has been in place for many years, we are always happy to work with customers to find solutions for unique situations as long as we can work to solve those problems calmly and rationally. Unfortunately, you immediately chose to make baseless threats and we simply cannot negotiate with terrorists under any circumstances.

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