No exchange of defective item

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Apr 28, 2017
39
13
8
New Jersey
I purchased a room thermometer from Buy Buy Baby on June 13th and received it on June 16th. I opened and plugged it in the following Monday, the 19th on by the next day realized it was malfunctioning. I immediately called their customer service who stated that since I had opened the box it was considered used and could no longer be exchanged for a new item. I requested that the item be repaired but they stated they do not offer repairs and that I should contact the manufacturer. So, I contacted the manufacturer who stated that they do not ship to the United States and I should request an exchange from the retailer.
So I received a broken item that neither the manufacturer nor the retailer will take responsibility for. Furthermore, Buy Buy Baby's policy is a Catch 22: anything that is opened is considered used and cannot be exchanged, but for electronic items there is no way to know that an item is broken until it is opened and turned on.
Finally, there is no written policy regarding broken or defective items. When I asked the representative for their written return policy, this is all that they offered: https://www.buybuybaby.com/store/static/EasyReturns
I would think that since there is nothing in writing at the time of sale, I legally have not agreed to their return policy. What should my next steps be? Should I attempt to contact them one more time to have the item exchanged or try my credit card company?
Thanks,
Jane
 
Apr 28, 2017
39
13
8
New Jersey
Thst is the most ridiculous thing I have ever heard - how else are you supposed to know an item is defective if you haven't tried it?

Contact your credit card company.
I started a dispute through the credit card company. I messaged them on Facebook earlier today and this is the reply I received "Hi Janie. For baby items, the return must be unused in its original packaging. We are sorry for any inconvenience this has caused you."
 
Nov 14, 2016
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Janxo,

I'd try one more time in writing to return the item via the company. They don't seem to be following their own policy. While their policy says it must be unused, there are exceptions for a manufacturing defect - which a DOA item out of the box clearly is.

If they still believe they don't need to issue a refund, go to your credit card company and start a charge back with the written documentation that they refused to refund your money for a clearly defective item. There is an implied warranty of fitness for items sold and a thermometer that doesn't tell the temperature doesn't meet that warranty. You credit card company should easily side with you once you've demonstrated a good faith effort to deal with these jokers.
 

ADM

Apr 10, 2017
610
983
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What lousy customer service, which is quite a departure from that of the parent company of Buy Buy Baby. Bed Bath & Beyond has the best customer service of any business I've ever dealt with in my entire life. I would call customer service again and ask for a supervisor. Also, is there a retail store near you? I know you placed an order but I didn't know if that was only because it wasn't available in the store. You might have better luck speaking to someone in person.
 
Feb 9, 2016
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2,806
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here is what I suggest before you go the dispute route.
send them a customer service email via their web browser saying something like this

Hi there, I've been browsing on your website. I've picked a product I like but I wanted to understand your return policy first. if I buy "room temp thermometer X" (state your thermometers name) and I receive the package, open the package, pop the batteries in, and it doesn't work, will I be able to exchange it at Buy Buy Baby for a working unit?

if they tell you no, you need to work with the manufacturer, reply and say

I notice that the manufacturer of the item I want to purchase is in china. I am unfamiliar with shipping to that country and receiving an item from that country and am concerned about shipping costs and if the manufacturer will even entertain a replacement since they have directly sold to you and have contractually obligated you to be their representative. If I incur additional shipping charges, will Buy Buy baby reimburse me for them? If the manufacturer refuses to assist me, will Buy Buy Baby then help me with an exchange?

See what they say. based on these responses you will know what your next plan of action should be.
 
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Jul 27, 2016
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That's absurd. Even their return policy says that "Monogrammed, personalized, custom-made or special order items cannot be exchanged or returned with the exception of a manufacturer defect."

So, a monogrammed item can be returned if it's defective, but a non-monogrammed item can't be?
 
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jsn55

Verified Member
Dec 26, 2014
9,917
10,722
113
San Francisco
I purchased a room thermometer from Buy Buy Baby on June 13th and received it on June 16th. I opened and plugged it in the following Monday, the 19th on by the next day realized it was malfunctioning. I immediately called their customer service who stated that since I had opened the box it was considered used and could no longer be exchanged for a new item. I requested that the item be repaired but they stated they do not offer repairs and that I should contact the manufacturer. So, I contacted the manufacturer who stated that they do not ship to the United States and I should request an exchange from the retailer.
So I received a broken item that neither the manufacturer nor the retailer will take responsibility for. Furthermore, Buy Buy Baby's policy is a Catch 22: anything that is opened is considered used and cannot be exchanged, but for electronic items there is no way to know that an item is broken until it is opened and turned on.
Finally, there is no written policy regarding broken or defective items. When I asked the representative for their written return policy, this is all that they offered: https://www.buybuybaby.com/store/static/EasyReturns
I would think that since there is nothing in writing at the time of sale, I legally have not agreed to their return policy. What should my next steps be? Should I attempt to contact them one more time to have the item exchanged or try my credit card company?
Thanks,
Jane
No, no, no, they can't do this, no way. They are not allowed to make up rules like this. BestBuy took your money, they need to procure a working thermometer for you. If you feel that you've given it your all with BestBuy and they're just being jerks, file a dispute with the credit card you used for the purchase. Please let us know what happens.
 
Feb 9, 2016
2,449
2,806
113
No, no, no, they can't do this, no way. They are not allowed to make up rules like this. BestBuy took your money, they need to procure a working thermometer for you. If you feel that you've given it your all with BestBuy and they're just being jerks, file a dispute with the credit card you used for the purchase. Please let us know what happens.
Close @jsn55 it was buy buy baby, not best buy. And buy buy baby had some wonky return policies!! If you open it, you own it, unless it's monogrammed and has a manufacturer defect.
 
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Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
23,461
23,417
113
New York
www.promalvacations.com
I'd also be writing to the Consumer Affairs Dept. and or your State Attorney General if they do not take this defective item back.

I think you should also quote the return policy that Just A Guy posted- it defies their own policy if they state they accept defective merchandise. You should provide that to your credit card dispute.
 
Jul 27, 2016
1,054
1,256
113
I kind of get why they wouldn't take opened merchandise back in general - they sell baby stuff, and there are both liability and salability issues (do people want to buy baby stuff that's been opened), along with the return abuse issue (babies will often outgrow items before a normal return policy ends).

Defective merchandise, though, is an entirely different kettle of fish. Chargeback.
 
Feb 9, 2016
2,449
2,806
113
I'd also be writing to the Consumer Affairs Dept. and or your State Attorney General if they do not take this defective item back.

I think you should also quote the return policy that Just A Guy posted- it defies their own policy if they state they accept defective merchandise. You should provide that to your credit card dispute.
I ran across what might be a loophole. On their return policy page they talk specifically about items that were delivered by 'the truck' and ended up being damaged, and how you are to call immediately upon discovering the damage to get it all sorted out. It's pretty clear they intend this to apply to furniture. but they don't state that specifically. I wondered if one could contend that this was an item that was delivered by 'the truck' (ups, us mail, fed ex truck) and, therefore, it falls into that category.

Yea, I'm taking some license in interpretation, but this is ridiculous.
 
Apr 28, 2017
39
13
8
New Jersey
After my last exchange with them on Facebook, I continued to push them to a: repair the item and b:show me their policies regarding defective items in writing. They ended up allowing me to return the item to a store and I will repurchase from Amazon instead.
With that being said I had spoken to 2 representatives over the phone, in addition to the messages through Facebook. All the reps that I spoke to gave me the same answer about the item being open. I also filed a complaint and was "guaranteed" someone higher up would return my call in 24-48 hours, which they have not.

Ultimately, this was not an expensive item (and I got my money back) but it's extremely concerning since they do sell expensive items such as strollers and furniture and multiple reps stood by their bogus return policy. I'm happy I learned this lesson now before I purchase something else.
 
Apr 28, 2017
39
13
8
New Jersey
here is what I suggest before you go the dispute route.
send them a customer service email via their web browser saying something like this

Hi there, I've been browsing on your website. I've picked a product I like but I wanted to understand your return policy first. if I buy "room temp thermometer X" (state your thermometers name) and I receive the package, open the package, pop the batteries in, and it doesn't work, will I be able to exchange it at Buy Buy Baby for a working unit?

if they tell you no, you need to work with the manufacturer, reply and say

I notice that the manufacturer of the item I want to purchase is in china. I am unfamiliar with shipping to that country and receiving an item from that country and am concerned about shipping costs and if the manufacturer will even entertain a replacement since they have directly sold to you and have contractually obligated you to be their representative. If I incur additional shipping charges, will Buy Buy baby reimburse me for them? If the manufacturer refuses to assist me, will Buy Buy Baby then help me with an exchange?

See what they say. based on these responses you will know what your next plan of action should be.
This experience made me nervous purchasing anything else from them. I still need to purchase a stroller, which I intended to purchase from buybuy Baby, so I did ask them a hypothetical question regarding the stroller. If I were to purchase a stroller I could open the box, BUT I would need to notice any defects before I assembled it. Once the stroller is assembled it is considered used and not eligible for returns or exchanges. It's too bad this conversation was over the phone and not in writing.
 
Feb 9, 2016
2,449
2,806
113
After my last exchange with them on Facebook, I continued to push them to a: repair the item and b:show me their policies regarding defective items in writing. They ended up allowing me to return the item to a store and I will repurchase from Amazon instead.
With that being said I had spoken to 2 representatives over the phone, in addition to the messages through Facebook. All the reps that I spoke to gave me the same answer about the item being open. I also filed a complaint and was "guaranteed" someone higher up would return my call in 24-48 hours, which they have not.

Ultimately, this was not an expensive item (and I got my money back) but it's extremely concerning since they do sell expensive items such as strollers and furniture and multiple reps stood by their bogus return policy. I'm happy I learned this lesson now before I purchase something else.
I'm glad you got the resolution you wanted. Posting this to the boards means that another consumer can find your story and help themselves. Two things accomplished!
 
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jsn55

Verified Member
Dec 26, 2014
9,917
10,722
113
San Francisco
This experience made me nervous purchasing anything else from them. I still need to purchase a stroller, which I intended to purchase from buybuy Baby, so I did ask them a hypothetical question regarding the stroller. If I were to purchase a stroller I could open the box, BUT I would need to notice any defects before I assembled it. Once the stroller is assembled it is considered used and not eligible for returns or exchanges. It's too bad this conversation was over the phone and not in writing.
Surely there are other companies to whom you can give your money. I wouldn't give these guys the time of day. Mothers have enough to do as it is. without dorking around with a company like this.
 
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