September 21, 2024
Business

Chef’s Surprise shocks customer with no delivery

Portland homemaker Janice Thayer contacted COMBAT when pricey kitchen utensils she had ordered from a California company four months earlier had not yet arrived. Luckily, Janice did everything right, and her experience demonstrates perfectly how to deal with long-distance ordering problems.

Janice had ordered a set of heavy-duty stainless-steel mixing bowls, a cheese slicer and bread slicer from Chef’s Surprise in Compton, Calif. She paid a total of $126.35 by check, which was returned in her next bank statement, canceled and endorsed by the company.

After not hearing from the company for two months, Janice sent them a registered, return-receipt-requested letter. The signed verification of delivery card came back, but still no merchandise or response from the company. After another month went by, she tried to contact the Maine Better Business Bureau (a satellite office of the Eastern Massachusetts BBB) and the Maine attorney general. The BBB said Chef’s Surprise was not a member so it could do nothing. When she called the attorney general, she got an answering machine. Frustrated and angry, she contacted COMBAT.

COMBAT workers immediately wrote Chef’s Surprise, reminding it that to wait four months for merchandise was unacceptable. The Federal Trade Commission’s 30-day mail order rule clearly states that if merchandise cannot be sent within 30 days, and unless a specific alternate delivery schedule is given, consumers must be notified and offered the choice of waiting the additional time or requesting a refund.

We advised the company that it was in direct violation of that law and gave Chef’s Surprise 14 days to send either the merchandise or a refund in the amount of $126.35 with a warning that if it did not, we would contact the California attorney general, the Federal Trade Commission and the Compton Chamber of Commerce.

Seven days later the company replied, “We have no record of a purchase made by this consumer. Please send us a copy of her payment check so that we can verify the endorsement.”

Our Maine consumer had prudently retained a copy of her order form, the address of the company, copies of her letters to them, and other documentation including a copy of both sides of the canceled check.

We wrote another letter to the company, enclosing copies of the order form and check.

Less than two weeks later, Janice wrote, “I am so grateful, thank you. I received a refund in full from the company, their apologies, and $25 gift certificate for my trouble. I can’t thank you enough, your help was certainly worth much more than my $25 COMBAT membership.”

If you ever have similar problems with a mail or Internet order, follow Janice’s example. Keep a full and complete record of the transaction. Copy or print out all records, including e-mail. Don’t do business online unless the company provides a full mailing address. If you don’t receive merchandise within 30 days, send a registered, return-receipt-requested letter of inquiry. If you still get no response, write Forum and include copies (never originals, please) of all documentation, including canceled checks.

To be especially safe, buy from Maine merchants who don’t make you wait 30 days (or four months) for your merchandise. Not only does this keep the cash circulating in our local economy, but if there is a problem you can just drive to the store and get prompt action.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization. Individual membership $25, business rates start at $125 (0-10 employees). For help and information write Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.


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