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Selling the products that is not as advertised

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Winstar

Junior Member
Hi!

I have an "interesting" experience with one online sight for medical stockings. Unfortunately, I haven't googled other people reviews and now I have a problem.
So, the story begins with me looking to buy a thigh high stocking, and I found webpage were it is stated that highly trained, certified fitters are there to help to pick out the stockings that are right for customer / me.
So, on June 4th, I sent an email before shopping where I indicated what kind of stockings I need, and asked for a help. I gave all my measurements, including the thigh length, and even asked are there big differences between the brands, and then I indicated in which brand I am interested in.
Customer service haven't given me any information about the length of brand that I ordered or differences between brands, but just answered with: "based on on your measurements you would be a size Medium ".
I ordered the stockings, but size Large – just in case, as I was expecting to get the stockings that will look as they are advertised on the picture (where they reach high thigh), following the advice of the “highly trained certified fitters”.
However, I was unpleasantly surprised when I saw I got a product that is a knee height. I contacted them again asking what is happening, and have I received the wrong product, because the product was not as advertised to be. I wanted to exchange bought product but without additional costs for shipment since this was not the product I ordered and wanted. During our discussion, when I asked is this possible that that high thigh is not actually a high thigh? Their answer was: "correct depending on the size the length will be different". Only then she advised me which brand offers longer items.
Basically, they did not gave me the full information of this product in the first place, they gave me wrong advice on size and model of the product, and sold me the product that is not as advertised on the picture.
Very summarized, that was very unprofessional and misleading approach. I felt harassed and cheated.
Long story short... I have exchanged almost 50 emails with them.
Regardless that all of this is their mistake, they don’t want to give me back my money and still want to charge me with extra shipping costs…

In fact, firstly she wrote I should pay additional 59 bucks, and then when I asked her what for and what the breakdown is, the she said that was mistake and I should pay additional 53 bucks (price difference plus shipping). So she is changing story every time. She did not want to give me email address of her supervisor or manager. Only they can call me, or I can call them.
I asked billion times what about false advertising and their treatment and she said that their return policy “covers everything”… Well here it is:
Although they website advertises "180-day return policy" small letters in the policy indicates that only 1 from 21 brands can be returned and that within 30 days as visible below...:
Returns & Exchange Policy
Products that are new and in their original packaging may be returned or exchanged for up to 180 days following the original purchase date. Products that have been tried on are eligible for store credit/exchange only and may only be returned within the first 30 days of purchase. Returns received after 15 days from original purchase date will be refunded as store credit. Due to federal health regulations, worn product must be laundered prior to returning. Products that have been worn and/or damaged due to consumer negligence may not be returned.
Fees, Exceptions & Rules
15% order processing charges will be deducted from refund. A $6.95 shipping charge(USA), $12.95(Canada), $19.95(International) will be applied to all exchanges which originally qualified for free shipping. A $9.95 shipping charge will be applied to exchanges of 3 items or more. Prices on exchanges will be based on website price at the time the exchange was requested. This policy is subject to change without prior notice. T... products can only be returned within 30 days of receipt.

The following brands only qualify for an exchange: J.., B...(30 day policy), M.., R.., S.., ...... Any A... items that worn or tried on are not exchangeable or refundable. Exceptions of non-returnable items include: anti-embolism stockings, wound care, plastic post surgical, sport socks can only be exchanged, farrow medical wraps, and products dyed to order. Shipping charges are non-refundable. For orders that are returned back due to insufficient address, if the customer wishes to cancel, they are subject to a 25% restocking fee.

After an order is placed by phone or through the website, the customer has a short opportunity to change their order by giving us a call. We are not responsible for incorrect orders placed by customers over the phone or website.


Honestly, I really don’t know what to do any more… These guys are treating people very bad. They don’t want to give me my money back, they want to charge me extra for their own mistake, and… Argh… It’s just too much… I feel cheated.
What can I do in this case?
Please help.
 


Winstar

Junior Member
You were recommended a medium but ordered a large. I don't see this as being their mistake.
The mistake is that they sold me product that is not thigh high (as advertised) but knee high, even if size larger then she advised, and yes - that is their mistake. That is a big difference if you are buying something for medical reasons, not to look pretty, and if you are buying item that costs from 30 - 100$..
 

adjusterjack

Senior Member
Honestly, I really don’t know what to do any more… These guys are treating people very bad. They don’t want to give me my money back, they want to charge me extra for their own mistake, and… Argh… It’s just too much… I feel cheated.
What can I do in this case?
Look, the bottom line here is that you got screwed by an online vendor who is likely located in a far off place where they know it would cost you a ton of money to sue them when you aren't likely to win because of their fine print.

That's the risk any of us take when we buy anything online.

My advice: Accept what happened, learn from the experience, and don't give these lowlifes any more of your money. Post a review if you can.

Since fit is so critical I suggest you buy locally where you can adequately determine a vendor's return and refund policy up front.

Try selling your item locally on Craigslist if it's unworn and see if you can recover your money.
 

quincy

Senior Member
Hi!

... the story begins with me looking to buy a thigh high stocking ... webpage were it is stated that highly trained, certified fitters are there to help to pick out the stockings ...

... I gave all my measurements, including the thigh length, and even asked are there big differences between the brands, and then I indicated in which brand I am interested in ... "based on on your measurements you would be a size Medium ".
I ordered the stockings, but size Large ...

... I got a product that is a knee height ... "correct depending on the size the length will be different" ...

... sold me the product that is not as advertised on the picture ... they don’t want to give me back my money and still want to charge me with extra shipping costs … she said that their return policy “covers everything”…

... website advertises "180-day return policy" small letters in the policy indicates that only 1 from 21 brands can be returned and that within 30 days as visible below...:
Returns & Exchange Policy
Products that are new and in their original packaging may be returned or exchanged for up to 180 days following the original purchase date. Products that have been tried on are eligible for store credit/exchange only and may only be returned within the first 30 days of purchase. Returns received after 15 days from original purchase date will be refunded as store credit. Due to federal health regulations, worn product must be laundered prior to returning. Products that have been worn and/or damaged due to consumer negligence may not be returned.
Fees, Exceptions & Rules
15% order processing charges will be deducted from refund. A $6.95 shipping charge(USA), $12.95(Canada), $19.95(International) will be applied to all exchanges which originally qualified for free shipping. A $9.95 shipping charge will be applied to exchanges of 3 items or more. Prices on exchanges will be based on website price at the time the exchange was requested. This policy is subject to change without prior notice. T... products can only be returned within 30 days of receipt.

The following brands only qualify for an exchange: J.., B...(30 day policy), M.., R.., S.., ...... Any A... items that worn or tried on are not exchangeable or refundable. Exceptions of non-returnable items include: anti-embolism stockings, wound care, plastic post surgical, sport socks can only be exchanged, farrow medical wraps, and products dyed to order. Shipping charges are non-refundable. For orders that are returned back due to insufficient address, if the customer wishes to cancel, they are subject to a 25% restocking fee.

After an order is placed by phone or through the website, the customer has a short opportunity to change their order by giving us a call. We are not responsible for incorrect orders placed by customers over the phone or website.


... They don’t want to give me my money back ... What can I do in this case? ...
Winstar, you failed to mention the name of your state. Are you in the U.S? If so, what state?

You were advised by the company's "highly trained, certified fitters" to order one size and you purposely ignored that advice and ordered a different size. You received what you ordered.

The return policy is admittedly a confusing one but the return policy states rather clearly: "We are not responsible for incorrect orders placed by customers ..."

Although stated less clearly, the time for returns and the type of acceptable returns was noted.

The website advertising could potentially be seen as false advertising. The qualifications of those said to be "highly trained, certified fitters" is open to question, for example, and the photos showing fit might not provide an accurate picture of what is being purchased (model size, for instance, can show thigh high if model is short and slender). A complaint to the company's state Attorney General's Office or your state's consumer protection division might be something to consider (assuming you are in the US).

But I do not see a legal action worth the time and expense of pursuing.

I recommend you purchase your medical stockings locally from now on. Your doctor or hospital should be able to point you in the right direction.
 
Last edited:

Winstar

Junior Member
:( Thank you adjusterjack... I will try to sell it...



Winstar, you failed to mention the name of your state. Are you in the U.S? If so, what state?
Hi quincy, FL is my base...

You were advised by the company's "highly trained, certified fitters" to order one size and you purposely ignored that advice and ordered a different size. You received what you ordered.
Yes, quincy, I ordered larger - just to be sure that it will fit. However, it did not fit even then. As I explained already above - she advised me to go with the size M for the model that is knee height, not thigh height, and I specifically asked for thigh height and even asked are there differences between the models/brands. If she gave me the right information in the first place I would never bought this item at all.

The return policy is admittedly a confusing one but the return policy states rather clearly: "We are not responsible for incorrect orders placed by customers ..."

Although stated less clearly, the time for returns and the type of acceptable returns was noted.

The website advertising could potentially be seen as false advertising. The qualifications of those said to be "highly trained, certified fitters" is open to question, for example, and the photos showing fit might not provide an accurate picture of what is being purchased (model size, for instance, can show thigh high if model is short and slender). A complaint to the company's state Attorney General's Office or your state's consumer protection division might be something to consider (assuming you are in the US).

But I do not see a legal action worth the time and expense of pursuing.

I recommend you purchase your medical stockings locally from now on. Your doctor or hospital should be able to point you in the right direction.
They are not responsible for incorrect orders placed by customer, but they are responsible for incorrect orders lead by their advice. I honestly feel that this should be addressed and I will try to find a contact of FL consumer protection division. Later I found comments from other people about how was this company treating them, even on Ripoff Report... It is just unbelievable they can run business like that and get away with it.
Thank you...
 

quincy

Senior Member
:( Thank you adjusterjack... I will try to sell it...





Hi quincy, FL is my base...


Yes, quincy, I ordered larger - just to be sure that it will fit. However, it did not fit even then. As I explained already above - she advised me to go with the size M for the model that is knee height, not thigh height, and I specifically asked for thigh height and even asked are there differences between the models/brands. If she gave me the right information in the first place I would never bought this item at all.



They are not responsible for incorrect orders placed by customer, but they are responsible for incorrect orders lead by their advice. I honestly feel that this should be addressed and I will try to find a contact of FL consumer protection division. Later I found comments from other people about how was this company treating them, even on Ripoff Report... It is just unbelievable they can run business like that and get away with it.
Thank you...
There are, unfortunately, too many companies that operate their businesses online in a less-than-consumer-friendly way. There is often little that a consumer can do but swear never to purchase products from them again - and to file a complaint with their state's consumer protection division.

If enough complaints are lodged against a business, the Attorney General will make note of it and possibly pursue a state action against the business.

Here is a link to Florida's Consumer Protection web page. You can file a complaint online. http://myfloridalegal.com/consumer

Good luck.
 

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