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Fastmac.com cancels order, ships anyway, refuses refund payment for unsolicited goods
- Thread starter Buran
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You're never going to use this vendor because they are refusing to give money back to a person who claims that she threw away the product that she ordered? I bet you have a list of vendors who you don't use because you too believe that small business mistakes are part of vast money-making conspiracies on the part of corporate America. Please.
The shipping of the cancelled order was a simple mistake and can be disregarded in evaluating the company's mindset. It happens to everyone.
Wow now that we have the female equation factored into this it explains the unusually high amount of whining given the amount and severity of the item.
It's interesting the difference of opinion regarding this. I wish we had a definitive answer whether the buyer/canceller is responsible for the item if shipped/received. I tend to think there must be a certain number of days that if received within the buyer would be responsible, but that is just a guess. I previously asked OP about the stated fastmac policy of requiring a signature for all packages but there was no response. If this package was signed for would that affect responsibility?
Well, she DOES have some moral responsibility to return it since it's pretty easy to figure out that the company simply neglected to process the cancellation order- even though they'd agreed that a cancellation was filed in ample time.. Hey, the company made a mistake and shipped it by accident- ok, so what? they don't deserve to get their product back? They sure do, and if the OP isn't willing to return it then she should pay for it.. Pretty simple really..
The fact that she's trying to state she "threw it away because she thought it was junk mail" is no excuse.. Never mind the fact that it's hardly logical, I won't go there because I'm not trying to turn this into a personal issue- let's just say I may have been born last night, but I stayed up all night studying trying to catch up, and you're probably not gonna sneak that one past me..The fact remains that she has the product- if you break something in a store, even something you never had an intention to purchase- guess what, you just purchased it.. That's how it goes...
This past Christmas my wife and I decided that we were going to get all of our immediate family members a pair of uggs.. We're talking our 3 kids, both sets of parents , 4 brothers and sisters, and a half dozen nieces & nephews.. Roughly about 17 pairs- all at close to $100 each..I get on uggaustralia .com and proceed to place my order.. I think everything goes fine.. Then about a half hour later I get a phone call from my CC company wanting me to verify my purchases because it seemed weird.. Turns out they had a computer error that day and for whatever reason all of their online orders got processed twice.. I called uggs up and they basically told me that even though they screwed up there was nothing they could do about it - even though the order was only placed a half hour ago.. The only thing I could do was wait until the UPS truck arrived in 3 weeks and refuse them.. Then, after that it would take another 2 weeks for them to process the credit they owed me and get my $1700.00 back into my account... Basically because they screwed up I was out $1700 of my Christmas money.. No, I didn't get the money back before Christmas.. I suppose by your logic I could have just thrown the shoes out rather than going through that hassle of making sure Uggs got their product back?
Point is we all have a moral responsibility to resist the temptation to stick it to the man- or Corporate America- just because we think we can get away with it.. If everyone tries to get over any chance they can you'll see the costs of products go through the roof.. They already have to account for ridiculous % of shrink as it is..
I ordered the midlevel (about $15) iPhone headphone/mic adapter from Fastmac.com on 1/15/08 after macintouch.com listed them as a source for such devices. The item was ordered with 2-3 day USPS shipping (for $7.75) requested about two weeks before I'd be heading out on a trip on which I planned to use the adapter. After two weeks went by and I needed the adapter in the next day or so, too late for shipping to be timely, I researched and purchased an equivalent locally and contacted Fastmac on 1/28/08 requesting that the order be cancelled.
So, She ordered for 2-3 day delivery, & canceled it 13 DAYS LATER!
I am sure by this point that it was already in the pipeline, or delivered to the shady address. She then researched & purchased locally, instead of checking for it at the bogus Junk Mail & scamming business's drop box, as it had probably been there for a week, otherwise she would've been pissed that shipping was so late with it. And although she purchased one local, she didn't post the receipt as asked by me in an earlier thread.
So now that she's received the goods she cancels the order.
That same day, sales rep Gary Parks responded and informed me that the order had been cancelled and that a refund would be issued. (He also said that I could have requested faster shipping for free, but if they had shipped in a timely fashion when I ordered in the first place, that wouldn't have been necessary, nor would I have needed to find a local place to buy an equivalent item). In a separate email, Mr. Parks let me know that the refund would take up to three weeks to post. No problem; I wasn't in that much of a hurry.
He canceled the order after it had obviously been shipped & received on her end.
But then, after Mr. Parks informed me that the order had been cancelled and that a refund would be processed, Fastmac shipped the item anyway. I wasn't expecting to receive anything other than junk mail at the address it was shipped to, so it was thrown away and I do not have the item anymore.
I call BS. The item was most likely sent & received at the Scam drop address. Don't we all have junk mail drops?, don't we all send products that we order to Junk Mail specific Mail drops, instead of a secure location like a workplace or personal home mailbox?
Again I call BS.
Here we are a month later and the refund still hasn't posted. Attempts to follow up with Fastmac have been stonewalled by requests to ship back, at MY expense, something I have repeatedly stated I do not have and did not ask for!
She ordered it meaning she indeed asked for it to be sent. She then kept it and told Fastmac to pay her for the pleasure of being screwed by her.
According to USC Title 39 Section 3009, it is illegal to bill for unsolicited merchandise sent through the US Mail; the recipient has the "right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender." As the order was cancelled well before Fastmac put the envelope in the mail, and after the cancellation was entered into their system -- by its own admission -- there was no "prior expressed request or consent of the recipient".
I guess that you would have to prove that Fastmac put it in the mail AFTER canceling the order, Which she cant because she "Threw it away" RIGHT!
I have been forced to open a claim with PayPal (I regret not paying directly with my credit card at this point; never again!) and ask them to investigate and hopefully force the refund through; Fastmac's sole response so far to the formal claim is the same as it has been in other communications: that they want the adapter returned at MY expense (good luck finding it now!), and have yet to send the refund -- so my claim is, for the moment, stalled as they continue to fight and refuse to take responsibility for what they admitted was THEIR mistake, and continue to try to push the cost onto me.
So, She kept/Threw the merchandise she ordered & received, and is using, away and then it's Fastmacs problem, and they'd better reemburse her.
I have also sent a complaint to the BBB and to the CA Attorney General's office, am considering filing a mail fraud complaint with the US Postal Inspector's Service due to violation of Sec. 3009, and have contacted my bank and sent a summary of the whole mess to them and asked if I'm eligible for a chargeback if Paypal won't help, as I did fund the sale with my credit card. Should I also file with the AG of the state I live in?
Have fun there & when they talk to Fastmac they will get a clearer pic of who the crook is.
The issue is simple. I will not pay for something that they didn't have consent to send. Their rep even admitted they "dropped the ball" and yet they won't fulfill their promise to credit me despite having had a month to come through.
You consented in the ordering process to have the merchandise delivered & paid with your card, they didn't pull the info out of thin air, you gave it to them, and you never sent their product back.
I am not giving up on this until I have done everything possible. They need to step up and fix their error and issue the promised refund. I don't think it's right to try to make customers cover the cost of a business' mistake.
Unless that customer is trying to be unreasonable & keep stuff without paying for it.
What experience do others have with filing a chargeback through a bank when/if Paypal refuses to make things right? Fastmac is claiming that their precious tracking number (for unsolicited mail!) will stop me from getting the refund that is due me via Paypal's claims process. My bank issued me a provisional credit for the money and told me to contact them again before 60 days post-charge passes if I am still not happy with the resolution.
If someone buys a product they have to pay for the product, or return it in original condition for a full refund, you did not, they owe you NOTHING!
And so far I'm not happy at all; they responded today to my BBB complaint with basically the same old excuse that boils down to: "send back the unsolicited merchandise you didn't ask for, that by law you don't have to pay for, at your expense, and we'll give you the money that we refuse to refund for a confirmed-cancelled order". I have had to repeatedly state what they're doing wrong and they seem unable to comprehend what I am saying, offering up the same ridiculous excuses as a reason to hold onto my money.
See above for sensible explanations as to why you were at fault, RE you ordered it and are 100% responsible to return it in working condition within a certain grace period to receive compensation.
I also tried to file a mail fraud complaint today (since they still won't make it right; I did give them multiple chances before reporting it to the feds) and the server errored out, so I'll be mailing a complaint in the next day or two.
How nice of you to give them plenty of chances to pay you for absolutely nothing, accept keeping products that you ordered, but don't want to pay for.
File away, you don't have a legal leg to stand on & will be laughed out of the
Building.
Where else can I go to expose them? Salinas (CA) news? Any other shaming organizations? There's got to be something I can do. I know it's not a lot of money but I don't appreciate having money held hostage in violation of law.
Nowhere, you don't have a case.
Don't order from Fastmac. They don't deserve your business and will hold YOU responsible for THEIR mistakes.
After I talked to them twice, about what happened with you I will be comfortable doing business with them in the future, should I need something that they offer. After dealing with the likes of you they deserve some non scamming customers.
Still waiting for the post with that local receipt for the one you had to buy after much research. Didn't think so, must've thrown it away also...Go figure!
So, She ordered for 2-3 day delivery, & canceled it 13 DAYS LATER!
I am sure by this point that it was already in the pipeline, or delivered to the shady address. She then researched & purchased locally, instead of checking for it at the bogus Junk Mail & scamming business's drop box, as it had probably been there for a week, otherwise she would've been pissed that shipping was so late with it. And although she purchased one local, she didn't post the receipt as asked by me in an earlier thread.
So now that she's received the goods she cancels the order.
That same day, sales rep Gary Parks responded and informed me that the order had been cancelled and that a refund would be issued. (He also said that I could have requested faster shipping for free, but if they had shipped in a timely fashion when I ordered in the first place, that wouldn't have been necessary, nor would I have needed to find a local place to buy an equivalent item). In a separate email, Mr. Parks let me know that the refund would take up to three weeks to post. No problem; I wasn't in that much of a hurry.
He canceled the order after it had obviously been shipped & received on her end.
But then, after Mr. Parks informed me that the order had been cancelled and that a refund would be processed, Fastmac shipped the item anyway. I wasn't expecting to receive anything other than junk mail at the address it was shipped to, so it was thrown away and I do not have the item anymore.
I call BS. The item was most likely sent & received at the Scam drop address. Don't we all have junk mail drops?, don't we all send products that we order to Junk Mail specific Mail drops, instead of a secure location like a workplace or personal home mailbox?
Again I call BS.
Here we are a month later and the refund still hasn't posted. Attempts to follow up with Fastmac have been stonewalled by requests to ship back, at MY expense, something I have repeatedly stated I do not have and did not ask for!
She ordered it meaning she indeed asked for it to be sent. She then kept it and told Fastmac to pay her for the pleasure of being screwed by her.
According to USC Title 39 Section 3009, it is illegal to bill for unsolicited merchandise sent through the US Mail; the recipient has the "right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender." As the order was cancelled well before Fastmac put the envelope in the mail, and after the cancellation was entered into their system -- by its own admission -- there was no "prior expressed request or consent of the recipient".
I guess that you would have to prove that Fastmac put it in the mail AFTER canceling the order, Which she cant because she "Threw it away" RIGHT!
I have been forced to open a claim with PayPal (I regret not paying directly with my credit card at this point; never again!) and ask them to investigate and hopefully force the refund through; Fastmac's sole response so far to the formal claim is the same as it has been in other communications: that they want the adapter returned at MY expense (good luck finding it now!), and have yet to send the refund -- so my claim is, for the moment, stalled as they continue to fight and refuse to take responsibility for what they admitted was THEIR mistake, and continue to try to push the cost onto me.
So, She kept/Threw the merchandise she ordered & received, and is using, away and then it's Fastmacs problem, and they'd better reemburse her.
I have also sent a complaint to the BBB and to the CA Attorney General's office, am considering filing a mail fraud complaint with the US Postal Inspector's Service due to violation of Sec. 3009, and have contacted my bank and sent a summary of the whole mess to them and asked if I'm eligible for a chargeback if Paypal won't help, as I did fund the sale with my credit card. Should I also file with the AG of the state I live in?
Have fun there & when they talk to Fastmac they will get a clearer pic of who the crook is.
The issue is simple. I will not pay for something that they didn't have consent to send. Their rep even admitted they "dropped the ball" and yet they won't fulfill their promise to credit me despite having had a month to come through.
You consented in the ordering process to have the merchandise delivered & paid with your card, they didn't pull the info out of thin air, you gave it to them, and you never sent their product back.
I am not giving up on this until I have done everything possible. They need to step up and fix their error and issue the promised refund. I don't think it's right to try to make customers cover the cost of a business' mistake.
Unless that customer is trying to be unreasonable & keep stuff without paying for it.
What experience do others have with filing a chargeback through a bank when/if Paypal refuses to make things right? Fastmac is claiming that their precious tracking number (for unsolicited mail!) will stop me from getting the refund that is due me via Paypal's claims process. My bank issued me a provisional credit for the money and told me to contact them again before 60 days post-charge passes if I am still not happy with the resolution.
If someone buys a product they have to pay for the product, or return it in original condition for a full refund, you did not, they owe you NOTHING!
And so far I'm not happy at all; they responded today to my BBB complaint with basically the same old excuse that boils down to: "send back the unsolicited merchandise you didn't ask for, that by law you don't have to pay for, at your expense, and we'll give you the money that we refuse to refund for a confirmed-cancelled order". I have had to repeatedly state what they're doing wrong and they seem unable to comprehend what I am saying, offering up the same ridiculous excuses as a reason to hold onto my money.
See above for sensible explanations as to why you were at fault, RE you ordered it and are 100% responsible to return it in working condition within a certain grace period to receive compensation.
I also tried to file a mail fraud complaint today (since they still won't make it right; I did give them multiple chances before reporting it to the feds) and the server errored out, so I'll be mailing a complaint in the next day or two.
How nice of you to give them plenty of chances to pay you for absolutely nothing, accept keeping products that you ordered, but don't want to pay for.
File away, you don't have a legal leg to stand on & will be laughed out of the
Building.
Where else can I go to expose them? Salinas (CA) news? Any other shaming organizations? There's got to be something I can do. I know it's not a lot of money but I don't appreciate having money held hostage in violation of law.
Nowhere, you don't have a case.
Don't order from Fastmac. They don't deserve your business and will hold YOU responsible for THEIR mistakes.
After I talked to them twice, about what happened with you I will be comfortable doing business with them in the future, should I need something that they offer. After dealing with the likes of you they deserve some non scamming customers.
Still waiting for the post with that local receipt for the one you had to buy after much research. Didn't think so, must've thrown it away also...Go figure!
We are closing this thread by request of the original poster and because we think the thread has served its purpose.
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