Sent wrong knife - no response from dealer

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W.T. Beck

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I am not quite ready to name names yet, but on January 24 I ordered a knife from a very well known internet dealer. It was the new Benchmade Axis AFCK D2, and I ordered the model with the PLAIN EDGE (and the words "Plain Edge" are shown PLAINLY on the order form).

What UPS delivered to me, however, was the combo edge model. I assumed this was an unintended mistake, and sent the company a polite email about it right after UPS delivered the knife, on January 29. After a couple of days, there was no reply. I sent another email - still no reply. I have now sent a third and final email.

Well, needless to say these guys have lost a customer forever. Also, I paid for the knife with my VISA. Since I was sent a knife I did not order,and have the order form to prove it, I think I have a good case to ask VISA to reverse the charges.
 
WT,
Just a thought. Is there any possibility the dealer has closed for a few days to go to either the Las Vegas Knife Show or the SHOT show? Some dealers do since the SHOT show is very important to manufacturers and production knife dealers.The shows are this weekend.
Ok, hope you get it straightened out,
Dave
 
I guess it is possible that the dealer is away and for that reason has not answered his email. I had planned to wait at least ten days before filling the complaint with VISA.

As for phone calls, I see no reason to spend money on long distance calls when the company provides an email address. I have already paid for the knife, and that should be enough. I don't think their mistake should cost me more money.
 
"As for phone calls, I see no reason to spend money on long distance calls when the company provides an email address. I have already paid for the knife, and that should be enough. I don't think their mistake should cost me more money.

Agreed,However,some dealers do provide a toll free number,and e-mail problems are alway's a possibility.I guess 10 day's before filing a complaint is fair.If it was me that knife would have already been returned to sender insured with signature confirmation.I would also expect some compensation for the extra shipping costs.Well anyway I hope your problem is resolved quickly.good luck,Ralph
 
I don't think I want to return the knife while the company isn't responding to my complaints. My problem could go from "wrong knife" to "no knife" at all, and even if I expect compensation for the shipping, that doesn't mean I will get it. Nope, I think the wisest course of action is to give them ten days to respond, and if they don't, contest the charges with VISA.

I am sure there are alot of people who have had success in resolving issues like this over the phone. However, there is one disadvantage in relying on phone conversations to resolve such problems. With phone calls you have no written record of what the dealer said and what you said. It is really much wiser to handle these things with written communications. Then you have all of the evidence to back up your claims should you contest charges or file a legal complaint. In fact, legal authorities recommend keeping such transactions in writing.

If I had ordered the knife using the company's toll free number, I might not even have the evidence to prove I ordered the plain edge version of the knife. Since I ordered over the internet, I have that evidence.

A couple of years ago I saw an ad for a British Enfield rifle offered for sale by a large importer. I found the description of the condition of the rifle to be vague and possibly misleading, so I sent an email to ask for a clearer description of the rifle's condition. The dealer sent an email giving me an 800 number to call and speak with someone on their sales staff. I immediately lost interest in that rifle. If the dealer was not willing to state the condition of the rifle in writing, I was not about to buy it.
 
Just a thought but maybe new topics being posted here in GB&U should be reviewed by moderators befor it is actualy allowed to be posted.This particular forum can be very powerfull and damaging towards online buisneses and people.Atleast when I read a thread its not the first few post.I read the whole thing to be sure the company or person has done bad or good.Im sure there are others that don`t take the time to read the whole thread and make judgement on JUST what the originator has posted.Ive seen alot of topics here in GB&U lately that have been uncalled for.
 
I hope you aren't refering to this thread as unjustifiably damaging to a dealer. If you will notice I have not named any names. If enough time goes by and the company continues to ignore my requests to correct the problem, then I might, but right now I am going to give it several more days.

I wish I had read more threads like this a long time ago. I could have avoided some problems I have had in the past with less than honest dealers. There are some of those types out there. For example, I found out that some custom makers who claim to make their own blades actually get finished blades from manufacturers.

It is also a good idea to discuss how to handle problems such as mine. Alot of people think it is the gentlemanly thing to do to handle such issues over the phone. That is fine if it works out, but suppose it doesn't. A postal inspector or other authority to whom you might submit a complaint is going to want to see a paper trail of what you did to resolve the problem.
 
This thread has actuaaly been a bit of an eye opener for me. Before reading this I never had thought of having a paper trail to prove have proof that cetain things have been done. It is a simple enough scenario, just one that had not occured to me. I would like to thank W.T. for bringing it to my attention.
 
What is said on the phone is binding. Whomever you talk to, make sure you get their name and contact info for future reference. You can also tape the conversation. Finally send a snail mail their way. U.S. mail tends to have a better effect. If you really want to see them just send the letter with a C.C. at the end addressed to the Attorney General of your state and the state the retailer is in.
 
Not to be arguementative here, but how is something said on the phone binding? Unless you record it you don't even have proof it was ever said.
 
OK, guys, regarding the letter versus phone thing: I am pretty sure it was on the United States Postal Service website where I read that one should keep communications in writing in case the problem is not resolved by the dealer. I was once looking up how to file a mail order fraud complaint, and read that as one of their chief recommendations. Of course, I think the USPS would definitely suggest snail mail over email!!

I would also think the honest retailer would appreciate getting an email complaint rather than an 800 phone call. He has to pay for that phone call, while the email is free.

As for taping a phone conversation, isn't that illegal most places?

Some have suggested that the dealer might not have replied to my emails due to some problem with his email service. However, when I have sent emails in the past which did not go through, I have gotten error messages from my internet service saying the message could not be delivered. I didn't get any such error replys from the three messages I sent last week.
 
Keith,

You're mixing apples and oranges here. Oral contracts can be binding, i.e. the retailer agrees to send you a plain blade but sends a serrated one. Oral representations are also just as valid as written ones, i.e. someone says the knife is unused when it is not.

However, as you correctly note, the problem is proof. It is obviously much easier to prove what was agreed or represented if it is in writing. But if you can prove what was done orally, for example because someone admits to it or you have a witness who heard it, you have the same rights as if it was in writing (although you may have a shorter time to enforce them in some states).

Hope this helps.
 
Well as far as recording phone conversations, here in MO only one party needs to have knowledge that the conversation is being recorded for it to be legal.

The phone conversation is binding. Proof is a problem, but the company probably does not want legal bills any more than you do when it is a fairly simple matter of exchanging a knife.

Still, the one that makes them jump the fastest and bend the farthest is a written letter C.C.d to the states attorney general's office. I know from experience that this one gets results and quickly.
 
Just a quick note regarding tape-recording phone calls: In Massachusetts it is illegal to tape a call without permission of both parties involved. In most other states, having the permission of one party is sufficient. You might want to check your local laws if you do intend to do this, as there was a recent MA case where a musician was (clearly unjustifiably) hassled by police after a traffic stop, had the incident tape-recorded on a memo-recorder, and was actually charged with illegally taping their conversation.
 
W.T Beck,

I am most certainly pointing at this thread as being damaging .......along with MANY others I`ve read here in the past 2+ years.Do you not think maybe the guy made a honest mistake?Atleast you got your knife.You ever stop to think maybe the guy is out of town on buisness??????What proof do you have that this company you speak of is ignoring your e-mails?

Look all im saying is give some thought befor you post stuff like this.

What UPS delivered to me, however, was the combo edge model. I assumed this was an unintended mistake, and sent the company a polite email about it right after UPS delivered the knife, on January 29. After a couple of days, there was no reply. I sent another email - still no reply. I have now sent a third and final email.
Click to expand...

So you ordered it on the 24th and got it on the 29th.....5 days,not bad at all.You emailed him right after you found out you got the wrong knife?Dude,its the 4th needless to say you started this topic on the 2nd.So he hadn`t responed to your e-mail in ......what 4 whole days?Then you just say "screw it,4 days is a long enough,im pissed,Payback time!"gime a phuking break.
 
I was about to respond to Mr. STIHL's comments but I think it best to let moderators deal with such outbursts of anger. I am not about to get involved in such things. Anyhow, the key fact is that I have not given the name of the company, and unless there are some psychics out there who can find it out from their crystal balls, I don't think I have attacked anyone's reputation.

By the way, a new week has begun and I still haven't had a reply to any of my emails.

I will send out a typed letter tommorow by USPS.

I will keep guard on my mailbox to make sure no one peaks in to see who it is addressed to.
 
WT,
I think you're right in this matter and haven't done anything out of line, especially since you didnt name any company.
The only reason I originally mentioned that maybe they were away was because it was the weekend of the SHOT show and the LV Classic.
Please keep us posted.

Dave
 
Almost all the web dealers are one-man part-time operations. It sometimes happens that they don't respond for a few days, especially the week of the Shot Show.
 
By the way, in case you are wondering what I think might be going on here: yes, it could still be an accident but I think that possibility diminishes with each passing day. Or, it is the old "bait and switch". The company didn't have the plain edge version so they sent the combo edge version, hoping I wouldn't notice. Or maybe they did have the plain edge version, but made a mistake on my order, and now have the attitude that I should be satisfied because the knife was almost the same as what I ordered.

Since I have decided to send a letter by snail mail I will have to give it another couple of weeks before I go forward with a contest of the charges. That should allow enough time for those guys to get back from a very long vacation.
 
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