Doh!! I think I was scammed!!

[kristenrice]

Alrighty, it's my own fault for giving into pressure and making an impulse purchase, but I think something isn't right.

Yesterday, at the mall, I stopped by the Jose Eber stand because my DD6 wanted them to use the straightener on her hair. I have genuinely been interested and looking for a straightener for her coarse, curly hair so I thought WTH? Let's see how it works.

After the stylist/salesgirl finished, I told DD that I did not have $125 to shell out for a hair styler. As I suspected, the salesgirl offered me "a deal". She said she would use her "employee discount" and sell it to me for $100. OK, I haven't done a lot of research on hair tools, but this seemed like a ballpark figure for the product. I told her that I did not have $100 today (because I wanted to go home and research it more) so I would have to wait. I figured this was a sales tactic anyway and that there was no "employee discount" involved. Here's where I got suckered...

She says, "I am willing to offer you a layaway option. You can pay a little today and then just make any amount of payments you want, interest-free, until it is paid off." I have never used layaway before, but I paid her $50 (on my Visa) with the assumption that if I changed my mind, I would just get a refund. My receipt has a code on it which she said would indicate the product I have on layaway. She said I should just bring in the receipt each time I want to make a payment and they will add the payment to my "account". It sounded safe enough so I went home and did my research. Sure enough, I got home and found the identical product on Amazon.com for $50.

So, I read my receipt...."ALL SALES ARE FINAL"...but wait, I haven't actually "bought" anything right? I just made a deposit...so I went back today. She says, "Oh, sorry....we can't refund your money but we can offer you store credit." Um...no, I want my money back. "Nope, can't do it, all sales are final". I then showed her my "receipt" which shows the charge to my Visa and I asked her, "What did I buy?". She said, get this, "You bought a gift card." Um, no, I did not buy a gift card...I made a deposit towards a hair straightener...fine..OK, but it says I bought a "gift card" worth $47.17 and $2.83 of SALES TAX was charged. There is NO SALES TAX on gift cards purchased in Michigan. So, even if I were to try and use my "gift card" (which I don't even have, just a receipt showing that's what I "purchased") It is only worth $47.17 even though I paid $50 for it.

I'm so mad (mostly at myself because I should have gone with my gut and walked away), but there is just something not right about the whole situation. Also, when I went back today, I looked at the stand very carefully (while waiting for the salesgirl to finish with another customer) and there is NO signage or indication ANYWHERE that indicates that all sales are final. The only place it is printed is on the receipt you get....after you've made the purchase. She'd also stressed the "lifetime warranty"...sure, but the receipt says that you have to pay $22.95 shipping!

Is any of this illegal or is it just downright unethical? It sounds like a "bait and switch"...I was told I was putting down a deposit but then they charged me for a gift card. She took my name and phone number and supposedly, corporate is "definitely" going to call me within 2 business days. I'm not holding my breath...I'll probably call them first. FWIW, I have no intention of paying them any additional money. I think it will be an expensive lesson learned on my part, but I have no intention of doing business with them again. It's bad enough that they mark up the product 100%, but then when they use shady and deceptive practices to sell it...ugh.

Is there any recourse I would have by contacting Visa? Is this a charge that I could dispute? This is really new territory for me and, like I said, I am more mad at myself than anything.

 

[okeydokey]

Dispute the charge. At least it would keep them from getting the money for a while.

 

[marie1203]

1. As PP said dispute with debit card/credit card. Contact the company so if it is a scam they can stop it.
2. I would suggest you do not buy it on ebay or amazon they make counterfeit of those products so I would stay away from those websites if you are looking. Because they again you will waste your money in inferior products.

 

[Danibelle]

Dispute the charge. At least it would keep them from getting the money for a while.

And I would write a letter to the mall owner about the store's/kiosk's policies (and the sales tax issue, too.)

 

[kristenrice]

Dispute the charge. At least it would keep them from getting the money for a while.

I want to make sure I have it right...I'm not technically "disputing" the charge because I did authorize it...rather, I should follow the "if you are dissatisfied with your product/service" procedure, correct?

In looking into that, the plot thickens...it only applies if my purchase was for "more than $50"...ugh! Mine was for exactly $50 so I am assuming is isn't going to apply.

 

[chimo2u]

I want to make sure I have it right...I'm not technically "disputing" the charge because I did authorize it...rather, I should follow the "if you are dissatisfied with your product/service" procedure, correct?

In looking into that, the plot thickens...it only applies if my purchase was for "more than $50"...ugh! Mine was for exactly $50 so I am assuming is isn't going to apply.

NO. I think you can still use the dispute it/ not authorized way because you are now finding shady / red flags about this deal....and you didn't authorize a $50 gift card, you put a deposit down on a product, and wheren't given what you where promised for the remainder of the deal? I would still dispute it, and see what your credit card says.

 

[kristenrice]

NO. I think you can still use the dispute it/ not authorized way because you are now finding shady / red flags about this deal....and you didn't authorize a $50 gift card, you put a deposit down on a product, and wheren't given what you where promised for the remainder of the deal? I would still dispute it, and see what your credit card says.

 

[Order66]

No, you are disputing the charge as you have "no item" for your purchase. Value should not be a factor. A merchant cannot charge you for an item or service that you didn't get. You bought an "item" for $50, yet you have no item at all. Then, depending on how your CC works, they will ask you to submit them both a letter explaining why you are disputing the charge and any documentation you have to back it up, such as your receipt. Give as much detail as you can such as your state's sales tax on gift card laws and the fact that "all sales are final" is not clearly displayed before purchase.

I once bought an ATT go-phone minute card that did not activate at the register. I took it back to the store who told me "no refunds" on gift cards. I told them I did not want a refund, just for them to activate the card and make it worth the $25 I paid for it. They told me to take it up with ATT as they only sell gift cards as a courtesy. ATT verified the card was not activated properly and take it back and have the store correct it because they could not. They again refused and told me it was "automatic" when they scan the card.......sure maybe it is but this card was some how faulty. They still refused.

In the end I contacted Citibank, disputed the charge because I had a item worth $0 for a charge of $25. They immediately take the charge off while it's being disputed. I sent them all my copies of receipts and explained the problem and I won. You will too.

regards

 

[Cheshire Figment]

I agree with both disputing the charge and contact Mall Management.

 

[carebee21]

Honestly, I don't think you got scammed. If anything, you're the one trying to run the scam. You bought an item (or placed it on layaway) and then found the item for less money. Unfortunately, the place where you purchased from doesn't allow you to get your money back. So now you have buyers remorse. And instead of accepting that you made a mistake, you're trying to get out of it by playing a semantics game (oh I didn't buy it, I put a deposit down...)

The girl at the counter probably didn't know what to do once she told you no refunds and you pushed the issue of what did I buy. So she said a gift card. You know you didn't buy a giftcard and so does she. But maybe the register doesn't have a layaway/deposit button.

I'd say it's a scam if you pay off the rest of the money and don't get your item or they don't allow you to make any more payments. But just because you found it cheaper and they won't give you your money back on an "all sales final" sale, doesn't make it a scam.

 

[pigletto]

Ok.. if the register doesn't have a layaway/deposit button then they aren't offering a layaway. She was talked into a layaway.. when all it was, was a gift card. That was never mentioned. The sales girl knew if she said "Oh buy gift cards until you can afford it!" the OP would have said "No.. I'll come back when I can afford it" so she presented it as a layaway program. It wasn't.

She was also not told all sales were final until the sale was final. Which isn't legal.
I have ALWAYS been told in retail when all sales were final because they have to tell you.

So there's strike number two.
I'm willing to bet she worked on commission and was getting really creative to make her sale. It's going to be a matter of he said/she said OP.. but dispute the charge and pursue it with mall management.
You were duped.

 

[kristenrice]

Honestly, I don't think you got scammed. If anything, you're the one trying to run the scam. You bought an item (or placed it on layaway) and then found the item for less money. Unfortunately, the place where you purchased from doesn't allow you to get your money back. So now you have buyers remorse. And instead of accepting that you made a mistake, you're trying to get out of it by playing a semantics game (oh I didn't buy it, I put a deposit down...)

The girl at the counter probably didn't know what to do once she told you no refunds and you pushed the issue of what did I buy. So she said a gift card. You know you didn't buy a giftcard and so does she. But maybe the register doesn't have a layaway/deposit button.

I'd say it's a scam if you pay off the rest of the money and don't get your item or they don't allow you to make any more payments. But just because you found it cheaper and they won't give you your money back on an "all sales final" sale, doesn't make it a scam.

Since I have never used layaway before, I guess I assumed that you could "cancel" it up until the point that it was paid in full. Is it standard practice that you forfeit any funds paid on a layaway if you are no longer able (willing) to make the payments?

I guess what sticks in my craw is that she SPECIFICALLY offered this to me as a LAYAWAY and told me that I could put down a DEPOSIT of whatever amount I wanted. She never said that the deposit was non-refundable either. Never, at any time, did she even mention a gift card. Of course, once she had my money and "sold" me the the gift card, she can turn around and say that "all sales are final".

 

[taylor3297]

Since I have never used layaway before, I guess I assumed that you could "cancel" it up until the point that it was paid in full. Is it standard practice that you forfeit any funds paid on a layaway if you are no longer able (willing) to make the payments?

I guess what sticks in my craw is that she SPECIFICALLY offered this to me as a LAYAWAY and told me that I could put down a DEPOSIT of whatever amount I wanted. She never said that the deposit was non-refundable either. Never, at any time, did she even mention a gift card. Of course, once she had my money and "sold" me the the gift card, she can turn around and say that "all sales are final".

I have used layaway and have worked in a department store that offered layaway. With the layaway we would charge a $5 layaway fee. If you decided you didn't want the item, then you would get all the money back minus the $5 fee.

You were told one thing but sold another. Dispute the charges, file a complaint with the Better Business Bureau and also notify the mall management.

As to the all sales final, it has to be posted and/or you have to be told as such before making the final purchase. In some states, even if a store has this policy, by law the retailer has to give a window of "buyers" remorse" and have to give a refund.

 

[taylor3297]

One more thing, I am understanding that you spoke to the same person who sold you the layaway?

If so, I would make sure I had that persons name.

 

[carebee21]

Since I have never used layaway before, I guess I assumed that you could "cancel" it up until the point that it was paid in full. Is it standard practice that you forfeit any funds paid on a layaway if you are no longer able (willing) to make the payments?

I guess what sticks in my craw is that she SPECIFICALLY offered this to me as a LAYAWAY and told me that I could put down a DEPOSIT of whatever amount I wanted. She never said that the deposit was non-refundable either. Never, at any time, did she even mention a gift card. Of course, once she had my money and "sold" me the the gift card, she can turn around and say that "all sales are final".

Yeah, but if you've never used layaway before and you thought for some reason you might not pick the item up or be able to afford to pick it up, wouldn't that have been one of the first questions that would have asked? Is there any penalty for me not picking up the item? Can I get my money back? Sorry but the woe is me, it was my first time using layaway and she didn't tell me is ridiculous. You have a responsibility to ensure you know what you're getting into as well. And yes, there is usually some sort of penalty for changing your mind on layaway. It's not usually much though.

Secondly, the girl told you, you can put down whatever you want, pay off whatever amount you want whenever you want and we'll just hold it right here interest free indefinately and that didn't raise a flag with you?

Lastly, I strongly suspect you wouldn't be in this position if you hadn't found the item for cheaper. If you saw it online for the same price, you'd just continue on making your payments and bring it home. The issue isn't that you think you were scammed. The issue is that you found it for way less money and you want to buy that cheaper one and get out of this deal.

 

[luckygirl539]

Yeah, but if you've never used layaway before and you thought for some reason you might not pick the item up or be able to afford to pick it up, wouldn't that have been one of the first questions that would have asked? Is there any penalty for me not picking up the item? Can I get my money back? Sorry but the woe is me, it was my first time using layaway and she didn't tell me is ridiculous. You have a responsibility to ensure you know what you're getting into as well. And yes, there is usually some sort of penalty for changing your mind on layaway. It's not usually much though.

Secondly, the girl told you, you can put down whatever you want, pay off whatever amount you want whenever you want and we'll just hold it right here interest free indefinately and that didn't raise a flag with you?

Lastly, I strongly suspect you wouldn't be in this position if you hadn't found the item for cheaper. If you saw it online for the same price, you'd just continue on making your payments and bring it home. The issue isn't that you think you were scammed. The issue is that you found it for way less money and you want to buy that cheaper one and get out of this deal.

Don't argue OP- you know you were mislead regardless if you found the item for cheaper. You should have the option of getting your $ back regardless of the reason. Plus- the gift card thing is shady and you have no product and I assume the receipt doesn't indicate a deposit or layaway. Push the issue. Keep calling the company. Dispute the charge if you have to. Don't give up.

 

[luckygirl539]

By the way- was this an instyler?

 

[kristenrice]

By the way- was this an instyler?

No...it was this...

http://www.amazon.com/PYT-Ceramic-P...4049411&sr=8-5&keywords=pyt+hair+straightener

I just sent an e-mail to the address on the business card that was given to me. I explained what happened and used the exact words that were used..."deposit"..."layaway"...etc. I also mentioned the sales tax being added to the gift card purchase. I told them that I would be contacting the mall management, BBB and possibly the AG (in regards to the sales tax thing) unless they can resolve the matter and contact me by next Wednesday. I don't necessarily need it resolved by Wednesday as I understand that there is probably some research they will need to do, I just want them to contact me by then. I was even willing to accept the product in lieu of the refund. I suspect that the e-mail isn't "corporate" (it's gmail!) so I'm not sure it will go anywhere meaningful.

I just want to stress that I really do like the product! Yes, I am upset (at myself) for finding it at half the price on Amazon, but the fact that I was deliberately misled into purchasing a non-refundable gift card is what has me fuming.

 

[richmond282]

I would contact my CC company and dispute the charge. You did not authorize its use to purchase a gift card (which you didn't even receive it sounds like). You authorized a charge for a layaway down payment (which it sounds like you also didn't really receive.)

 

[LockShockBarrel]

This just strikes me as fishy. I mean, how many have they sold without an employee using their "discount", and what kiosk offers layaway..

I suppose if nothing else it'll be a lesson learned, and to be very wary of kiosks in the future. Not to say there aren't legit ones, but just to listen very carefully to what they're saying and if it doesn't sound quite right it probably isn't.