Online purchase ticks off reader

COMBAT member Cathy White of Rockland had purchased her first house and much to her joy, owned her first fireplace, complete with a lovely granite mantel. But something was missing.

Thinking back to her childhood, she remembered how grandmother and grandfather had a chiming clock over their fireplace, and how soothing it was to hear the gentle chimes tolling the quarter-hours and the “Westminster” melody on the hour. So White did what many consumers do nowadays, she “logged on” and shopped online.

She quickly found a Chicago company that offered a great variety and what appeared to be fair prices. As an experienced shopper aware of the risks of online shopping, White checked the company out. The Chicago Chamber of Commerce reported that the firm had been a member for years and had been in business for 75 years. She selected a clock and placed her order online.

Two weeks later, the clock arrived packaged in “popcorn” in the original box, and in good condition. White installed a battery, set the time, placed the clock on her mantel, and waited to hear the chimes. But when the hands of the clock reached the hour, there was not a gentle chime, but a “thunk thunk.” Further, the instructions did not mention Westminster chimes anywhere.

White read the instructions again. Sure that she had done everything right, she e-mailed the company, saying she didn’t want the clock if it didn’t play the Westminster melody. The company replied quickly, but wanted White to pay the return shipping for a replacement.

White responded that replacement was not her problem, she wanted the Westminster chimes, as the online description promised. The company said the clock was basically as advertised, but the manufacturer had substituted another melody and no longer offered the Westminster chimes. The firm agreed to send a functional clock, but no refund, and insisted she pay for return shipping.

Upset (probably with her ears ringing), White contacted COMBAT. “Westminster or not” she wrote, “the clock sounds like a hammer hitting a trash can full of Jell-O. I want a refund and don’t think I should have to pay for shipping.” Neither did we.

COMBAT contacted the company on White’s behalf. At first they refused to change their position. So we wrote again, advising them that under Maine’s “Implied Warranty” law, White was due a full refund because the clock was defective, the clock did not “fit the purpose” for which it was purchased (to play the Westminster tune), and the company could not provide a clock that played the expected melody. We also insisted that the company pay the shipping and warned that if they did not reply as requested, we would contact the attorney general of Illinois with whom we have an excellent working relationship.

Within a week, the company notified White that her charge card had been credited with a full refund and they would pay the cost of returning the clock.

Many have asked for our policy on consumer assistance. It is as follows. If you have a consumer problem that won’t go away and need help, contact COMBAT through Forum, or directly at 109 State St., Bangor, ME 04401. Writing is best. Include copies – not originals – of documentation such as canceled checks, order forms and correspondence. Our information and advice are free. If you need us to contact a company on your behalf, you must purchase a COMBAT membership for $25 (good for one year).

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT/The Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization.