ComplaintsforCompetitive Edge Products, Inc.

• Initial Complaint

  04/24/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Resolved

  More info

  This transaction took place on 4/10/24 and all advertising took place on Amazon.com whereby Competitive Edge Products, Inc. (CEPI) is a registered seller with Amazon.com and a reseller of Lifetime Products. I purchased a Lifetime Model: 90143 Monkey Bar Adventure Swing Set with a 9 Foot Wavy Slide from CEPI. I purchased this model, 90143 which was advertised by CEPI on Amazon.com, understanding that it was an older model. I opted for this model due to it having one, continuous slide, thicker gauge steel, and overall larger dimensions-all as advertised. I compared this model to CEPI's other newer advertised model, 91028 and determined the older model to be a better quality product. The newer model 91028 is aesthetically, mostly the same, however the manufacturer made the swing set dimensions smaller, used a thinner gauge steel, and uses a 2 piece slide, rather than 1 continuous slide. All changes were made to lighten the shipping, but in my opinion, compromises quality, which is why I chose the older model/agreed to pay more for this model. The model I selected and paid for cost $1,599.99 (w/tax= $1,711.99). It was more expensive than the newer model, 91028 that CEPI also advertised at a price of $1,398.00. CEPI shipped me the newer model, 91028. They did not inform me of this change. I did not recognize it until I had already assembled most of the swing set and didn't realize it until I unboxed the slide and found it was in 2 pieces. That's when I verified the model numbers and identified they sent me the newer model, 91028 and not the one I ordered, 90143. I brought this to CEPI's attention through Amazon.com. The owner, Charles H*****, advised me that the newer model, 91028 is what they are shipping despite model number the model number that is ordered and said they could have the product picked up. I brought to their attention that is false advertisement, deceptive sales, and a bait and switch tactic, all of which are violations of the FTC. I already had the swing assembled so disassembling and attempting to repackage was not an option. My initial request was to simply refund me the difference. They would not do it initially. I reviewed their listings on Amazon.com and CEPI continues to advertise the older model 90143 with all the features of the that model. CEPI continues to advertise the older model 90143 swing set and at a higher price than the newer model 91028 but is exclusively shipping the newer model. CEPI refunded me only $155.40, which is not the entire difference. The owner only resigned to credit the difference after many messages and a threat to file a complaint. Amazon did credit me $107 but that is a deal they are offering to all Prime customers who purchase this swing set. CEPI has admitted in writing to me that they are only shipping the newer model 91028 which has an advertised cost of $1,398.00, yet they continue to advertise model, 90143 at a higher price. Customers, like me, who have or plan to purchase model 90143 will not get what they ordered, will be deceived by the options, and will pay more for a product that they did not order. It is my opinion, based on my experience, CEPI knows most customers will not detect the difference and will not go through the hassle of returning or disputing. Based on CEPI's gross and intentional negligence, deception, false advertising, and bait and switch tactic and not taking full responsibility for their deceptive actions when raised, I'm requesting a full refund.

  

  Business response

  04/24/2024

  We are happy to provide a full refund and offered that to the customer from the beginning.  Please confirm that the product is packaged and ready to be picked up and we will get that picked up and refunded in full.  

  Customer response

  04/25/2024

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

  The swing set has been fully assembled. It was mostly assembled prior to acknowledging Competitive Edge Products, Inc (CEPI) intentionally duped me and sent me a model that was of lesser quality (a slide where a quarter of it was cut out, creating 2 pieces of a slide-as opposed to one continuous slide, thinner gauged steel, and overall smaller dimensions) and cost less than the product that I authorized. To disassemble, procure packaging to box up a product that weighs 388 pounds, pay a 20% restocking charge, and pay for shipping does not make sense nor is it fair.  See the attached return label CEPI provided to me that supports they expect me to pay a 20% restocking fee and shipping costs. This shows a continuation of CEPI's unwillingness to take responsibility for their wrongful actions and unreasonableness. The costs for me to return this unauthorized purchase far exceeds the amount that was charged to my credit card, plus my time invested.  It took approximately 4-6 hours to assemble. It will take the same amount of time to disassemble and repackage. The cost for me to return would be estimated at $320 for a 20% restock fee, plus the lowest estimated shipping cost per FedEx would be $1,806.39 (See attached FedEx estimate-anything over 150lbs is charged as "Freight"), plus an estimated $200.00 in repackaging supplies, plus my time for disassembling the swing set, packaging, and arranging for shipping. It would cost me a lot more in money and time to return an item that I did not order or authorize and that CEPI intentionally sent to me through deceptive sales practices, false advertising, and bait and switch tactics. Based on the facts of events, I have been harmed by CEPI's actions and have invested time and money in a product that I did not authorize and have been forced to accept. I have been forced to accept the product due to it being fully assembled, and any additional time and money invested by me to return it would outweigh the amount CEPI wrongfully charged my credit card. Additionally, I would need to purchase a replacement swing set from a reputable company, which would require me to have to invest another 4-6 hours in assembling. Even if CEPI waived the restocking fee and paid for shipping, there would be an expectation that I would need to disassemble the swing set, pay for packaging in preparation for shipping, and box up the product. Any further time and money invested in this situation should come from CEPI due to the harm they caused-certainly not me.

  There are two options.

  1.) Return the swing set. CEPI would need to engage and arrange for a qualified, insured, licensed, vetted contractor who has an up-to-date and certified criminal background check (will need to show me proof) to come to my residence at a time and date that is acceptable to me and disassemble the swing set, arrange for packaging and shipping, dispose of all debris, and leave the area clean and neat. CEPI would absorb all associated disassembly, shipping and packaging costs, including the restock fee. The same company CEPI engages to disassemble the swing set would be used to assemble a new and different swing set, that I purchase/pay for from a reputable company, at CEPI's expense (meaning CEPI pays for the assembly of the new swing set). The assembly would be completed in a quality workmanship manner at a date and time that is reasonable for me, and the work area would be properly cleared of all debris and the area left clean and neat. The assembly will be guaranteed for 1 year by CEPI. All of this would need to be completed within 10 days from being agreed upon. This option removes my time from disassembling a playset I did not purchase and compensates me for the time it would take to assemble a new swing set. This option also removes me from paying restock, shipping and packaging expenses for a product that I did not authorize. Lastly, the time that I have invested in addressing this unauthorized purchase, which was done under the pretense of false advertising, deceptive sales, and bait and switch tactics, is now valued at $500.00. A full refund for the balance of the unauthorized purchase would be credited to my credit card, plus $500 for my time/harm suffered within 10 days of being agreed upon-or CEPI receiving the returned swing set, whichever is sooner. 

  Or

  2.) Fully credit my credit card for the full amount of the unauthorized purchase of a product that I did not order. This would be the least-cost option and would require the least amount of time and resources and would quickly resolve this issue.
  

  Sincerely,
  

  
  ***** ********

  

  Business response

  04/26/2024

  This customer ordered the 90143. It was out of stock, but replaced by a newer version model 91028.  That is the newer design.  The manufacturer can verify this.  Their number is ###-###-####.  If the customer wants to return it he can do so for a full refund.  We are not going to give a swing set away for free or be bullied or blackmailed when our intention was to send the newer version that looks identical to the older version.  We are happy to provide a full refund and have that picked up.  The manufacturer will confirm that it is the newer version of the same playset - no scamming or swindling - just trying to make this a positive experience for our customers. This customer is trying to blackmail us and get something for free.  We will not do that under any circumstance - even if it means a negative ding on our bbb account.  Hopefully bbb will protect us and look into this and confirm this information with the manufacturer.  We are happy to answer any questions.  The older design simply doesn't exist anymore or we would offer to send that out.  

  Customer response

  04/26/2024

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

  First, please review the attached. This is a review conducted by Competitive Edge Products Inc, that Charley H***** authored and posted to Competitive Edge Products Inc’s website on March 9, 2022. Over 2 years ago. 2 years ago-the model they were advertising just weeks ago and claiming to be able to provide was replaced over 2 years ago.  It is a comparison of the two models, 91028 and 90143. These are the reasons I selected model 90143. All the changes were made to reduce shipping weight and costs. Consequently, as I cite below and previously, I chose Model 90143 for its higher weight, larger dimensions, one, continuous slide, swing capacity, and higher gauge steel. Now, in Charley’s last response, he says, “The older design simply doesn't exist anymore or we would offer to send that out”. Then why actively advertise it, charge more for it, then send a different model with different specs, that costs less? This is not me “blackmailing” or trying to get something for free! Its me simply holding Competitive Edge Products, Inc responsible for their actions.

  
  It's unfortunate that Competitive Edge Products, Inc (CEPI) is attempting to turn this complaint around by portraying a consumer who has been wronged as their attempt to “blackmail” and trying to “get something for free”.  This is the same hassle and resistance I received initially from CEPI which is what prompted me to escalate this issue.  Hopefully future consumers who do their homework will review this complaint and see the poor ethics and culture of this company and how they handle transactions and consumers.

  
  Here again are the facts:

  
  Competitive Edge Products Inc actively advertised model 90143 on Amazon.com. It was advertised for $1,599.99. 
  Competitive Edge Products Inc also actively advertised model 91028 on Amazon.com. It was advertised for $1,398.00
  I had choices and could have opted to purchase either model that was advertised by Competitive Edge Products, Inc.
  After conducting my due diligence, I opted for Model 90143. I opted for this model because: it was heavier, weighing 435 lbs. vs. the newer model 388lbs; it used thicker 16-gauge steel vs. the newer model  that uses thinner 18- gauge steel; it had an overall higher weight capacity of 150lbs vs. the newer model 140lbs; it had one, continuous slide vs. the newer model’s 2-piece slide; it had a larger, overall foot print by 1’3” vs. the newer model.
  I opted for the older Model based on its advertisement and availability offered by Competitive Edge Products, inc. The placement where I intended to position the swing set is in a high wind area, so I needed something with high quality, sturdiness, and weighty. Model 90143, the one I ordered, met my needs.
  I received a swing set on Friday, April 19, 2024.
  I assembled the swing set on Saturday morning, April 20, 2024. The slide is boxed separately from the other swing set components and is the last piece to be installed. I did not open the slide box until it was time to install it.  Upon opening the box, it was then that I realized that Competitive Edge Products Inc did not send me the model I ordered.
  I first notified Competitive Edge Products Inc via messaging on Amazon.com on Saturday, April 20, 2024 at 11:59 AM.
  I was informed by Competitive Edge Products Inc that model 91028 is the newer model that was redesigned in order to be easier to ship.
  Competitive Edge Products Inc would not simply recognize their error and kept insisting that I telephone them to discuss a possible price match. There was nothing to talk about-the issue was clear, they sent me a model I did not order and the model they sent me is listed for a cheaper price.
  A representative, Luke, from Competitive Edge Products Inc, text me and wanted me to perform a transaction outside of Amazon so Amazon wouldn’t know about it. I advised him that I would not do that and want to keep all transactions through Amazon. What Luke was asking me to do is a violation on their part to the Amazon seller policy.
  Due to the runaround and Competitive Edge Products Inc charging my credit card for merchandise that I did not order, the false advertising, deceptive sales practices, and bait and switch tactics, it was then that I requested a full refund.
  Luke from Competitive Edge Products Inc, then offered to refund me only $100. This certainly did not cover the price difference in the models and I refused the accept the $100 credit.
  Charley H***** with Competitive Edge Products Inc then got involved and informed me that they are only shipping the newer model, 91028 as it replaced model 90143.
  Charley with Competitive Edge Products advised me they only do price match ahead of a purchase, but not after and told me that any price match is a courtesy.  This was not a normal price match situation-I selected a model they advertised and paid more for it-yet they sent me a different model that cost less and did not meet the same qualities that I understood that I was getting, based on the advertisement. There is no courtesy price matching at this point-it should be automatic, no questions asked.
  As you can see, Competitive Edge Products Inc does not dispute and does not speak on the fact that they were actively advertising and charging more for the Model 90143. They had no intentions of procuring or sending this model, as it does not exist and did not exist when they were advertising it-Charley admits this in his last response!
  My position stands- Competitive Edge Products Inc actively and knowingly advertised a model at a higher price they knew they did not have and would not be shipping.  They did not inform me of their intent or secure my approval ahead of sending the model I did not select or authorize to purchase.  They did this, then were defiant in providing a credit when asked. They did this, because they charge a 20% restock fee and force the consumer to pay shipping on the return for 388lb in freight.  The return and shipping deters consumers from making the return and they know this.  Considering their gross negligence, I have recommended two options.  Competitive Edge Products Inc has refused to acknowledge their responsibility for this.  I am not trying to get something for free or “blackmail” as Charley put it.  Had this been handled differently by them at the onset-we wouldn’t be where we are now. I’m open to hear what counter offer Competitive Edge Products Inc is willing to make in order to rectify this unfortunate situation.

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

  

  Business response

  04/29/2024

  We are happy to have this picked up (no restocking fee) no return freight.  The old model was out of stock, the new model is the newer version.  Customer doesn't want that, no problem.  We are happy to have it picked up.  We are not offering any compensation for sending the new model.  

  Customer response

  05/03/2024

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

  Competitive Edge Products, Inc. (CEPI) actively advertised an older model swing set that had been discontinued for more than 2 years. However, the advertisement for the older model swing set that I chose to purchase, was a specific, current, and active product being marketed on Amazon.com. CEPI never denies this throughout this dispute. As a consumer, I relied on their advertisement to be true and accurate. CEPI's advertisement indicated the product was available and in stock. CEPI reports and admits in this dispute they did not have this model in stock and that they only ship the newer model. CEPI advertised this product at a higher price than what the newer model was being advertised.  Based on their advertisement and it being reported as being in stock, I trusted CEPI's advertisement and selected this product. Again, it was selected based on careful research on my part.  I opted for this older model that was being offered for sale by CEPI because of its advertised larger size, heavier weight, thicker gauge steel, and one, continuous slide. The newer model was smaller in size, lighter in weight, uses thinner gauge steel, and its slide comes in 2 separate pieces.  The newer model was specifically and intentionally not selected by me for these specific reasons. I did not select the model that CEPI sent to me as I see it as poorer quality in comparison to the older model I selected. I did not authorize CEPI to send me the newer model, CEPI did not communicate with me to let me know they did not have the model I thought I was purchasing, CEPI did not communicate to me they were sending the newer model and not the older model that I selected, I did not authorize CEPI to charge my credit card for the newer model they sent me. I was falsely led into making what I thought was a purchase for the older model, based on CEPI's intentional false advertising, deceptive sales practices, and bait and switch tactics. CEPI took it upon themselves to send me the newer model, which cost less than the older model. Knowing that they did not have the older model I ordered and authorized (as they admit in this dispute) and not communicating with me ahead of shipping it to me to see if I wanted the newer model or to cancel the order shows they were intentional in their deceptive acts. CEPI was so brazen that they didn't even credit the difference in what I authorized to be charged to my card for the older model vs. what the lesser expensive, newer model cost. Then, when I reach out to them, after I have the swing set mostly assembled, to let them know they sent me a model/product that I did not authorize/purchase, they did not want to provide any credit. If they did provide a credit, they wanted me to perform a transaction outside of Amazon.com so Amazon wouldn't know and to prevent paying Amazon their fees.  I declined to do that. CEPI advised me they only do credits or price matching as a courtesy and they only do it before the purchase, not after.  Again, this is an example of CEPI's complete disregard for their actions and aligns with their intent to deceive.  Until now and after going back and forth, CEPI stated they would now not charge freight or a restock fee. Prior to this, they stood firm that they were going to charge such fees.  Again, another exmaple of their deceptive tactics. The swing set CEPI sent me is fully assembled. As CEPI stated, the newer model vs. the older model swing sets look nearly alike.  The slide is the primary part that looks different as the newer model slide comes in 2 pieces, but one box. I had the swing set itself completely installed and when it came time to unbox the slide, which is boxed separately from the swing set, it was then that I realized that CEPI sent me the newer model swing set that I did not purchase or authorize them to charge my card. Based on CEPI's intentional false advertising, deceptive sales practices, bait and switch tactics, and continued efforts to not take responsibility for their illegal actions, my position remains that a full credit should be made to my account as I did not authorize CEPI to charge my account for the model/product they chose to send me. I do not plan on spending more of my time disassembling a swing set and then packaging up nearly 400lbs of bulk and then taking it to be shipped. I would then have to purchase another swing set and assemble it. The time and resources I would spend doing this, would be equivalent to the amount CEPI charged to may account. This is a fair deal as it does not account for the expense of me dealing with this and the violations that CEPI committed in relation to the FTC. 

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

  

  Business response

  05/06/2024

  To whom it may concern,
  
  This is a very simple case.  The customer ordered a playset.  The playset was replaced by a newer model.  We substituted that newer model to fulfill the order.  Mr. ******** new shortly after delivery that his model was the newer version.  He decided to keep it with a partial refund.  We accepted.  The case, at that point, should be closed.

  At the advice of our attorney we are prepared for mediation.  That is based largely on a message the customer sent the day after delivery in which he stated that he realized the differences and choose to accept the newer model.  Message is below:

  "Apr 20, 2024 9:59 AM
  I didn’t receive the model I ordered. The model I received is model 91028. While the models are very similar, I paid extra for the model I ordered as it had one, continuous slide, higher gauge steel, and was slightly larger. I will accept this model but I would like a credit for the difference."

  Mr. ******** offered to accept the newer model with the partial refund.  We have provided the price match on April 24th.  He suggests that he should be compensated for an FTC violation and names the punitive amount of $300, on April 24th, then opens a BBB complaint demanding the full amount.  We reject that statement as he clearly knowingly accepted the newer version prior to assembly.  He is falsely accusing us of malicious intent.  He assembled it knowing that he had chosen to keep the newer model as shown on April 20th.  We have pursued litigation against customers in the past who have posted false and libelous information against us and we are prepared to do that again if/when it reaches that point.  If this message is rejected, we are interested in taking this to mediation.  

  Notwithstanding the facts aforementioned, we are willing to offer $200 as a final offer and will consider this case closed provided that the customer commits to the following: The customer will not engage in any action that harms Competitive Edge Products, Inc including asking for compensation through other mediums, writing reviews, etc.  A written response stating that commitment through the BBB satisfies the case for Competitive Edge Products, Inc and both parties can move on.  

  We apologize to Mr. ******** for any confusion and misunderstanding.  

  Customer response

  05/12/2024

  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and while this resolution provides some relief and is reluctantly accepted, it does not accurately reflect the sequence of events. I did not identify that the product I ordered and was advertised was not delivered to me until after most of the swing set had been assembled. I have made this clear throughout. CEPI recognizes that both models are nearly identical in appearance. The noticeable difference in the models is the slide.  The slide is boxed separately and is the last piece to be assembled. The slide box was not opened until it was time to assemble it, at the end of the assembly process. As I stated before and as CEPI noted, while disappointed, and since the swing set was already mostly assembled, I was willing to accept the product if CEPI would recognize their issue and simply credit me the difference. CEPI did not accept responsibility and made it very difficult to receive the credit. It was only after enduring their unwillingness to quickly resolve and credit my account, that I felt compelled to escalate their negligence and hold them accountable. This transaction was simple. I ordered a product they advertised at a higher cost then the newer model. The model I ordered was a better built product then the one they sent me. It was thicker gauged steel, a larger swing, heavier, and had one, continuous slide. They failed to notify me that they did not have the model I ordered and simply sent me a model that I purposely did not order. The model I ordered and they advertised had been discontinued for over 2 years and they knew this and had no intention of sending it to me as they admitted here they did not have the model in their inventory-yet they continued to advertise it and at a higher price then the newer model. The model they sent me was of lesser quality and less expensive. I find it appalling they would threaten to sue me for their negligence! I am quite confident that any court would see their negligence and rule in my favor for much more than what I have been seeking. Once I get confirmation of CEPI’s credit, I will not pursue any additional, FUTURE complaints. Any and all previous complaints/disputes/reviews will stand.
  

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

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