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Ace Hardware Corporation Complaint - Consumer Fraud - Toro Trimmer
Toro Trimmer - Complaint
CORONA, CA -- 3.5 weeks ago I purchased a Toro Trimmer from the ACE hardware store in Corona -- I have been doing business with this store for over 20 years.
The trimmer began to break and fall apart after 3 weeks of light use. Today I took it back -- the Receipt said -- "Original receipt is required for refund or exchange within 30 days" I took it back with the original receipt and was told I could not get my money back because I did not bring it back in the original box -- Now how many people keep the box after they open the product and use it. They refused to give me my money back -- I talked to a store clerk by the name of PHIL -- he was very abusive and unprofessional. He told me to come back and see the owner which I will tomorrow -- if they refuse to give me my money back -- I will be forced to file a civil suit against the store.
Beware -- this ACE store practices consumer FRAUD -- please avoid the ACE store in Corona on ^th Street and Lincoln.
The trimmer began to break and fall apart after 3 weeks of light use. Today I took it back -- the Receipt said -- "Original receipt is required for refund or exchange within 30 days" I took it back with the original receipt and was told I could not get my money back because I did not bring it back in the original box -- Now how many people keep the box after they open the product and use it. They refused to give me my money back -- I talked to a store clerk by the name of PHIL -- he was very abusive and unprofessional. He told me to come back and see the owner which I will tomorrow -- if they refuse to give me my money back -- I will be forced to file a civil suit against the store.
Beware -- this ACE store practices consumer FRAUD -- please avoid the ACE store in Corona on ^th Street and Lincoln.
Comments:
Posted by Venice09 on 2010-08-05:
If the receipt didn't say anything about original packaging, then you should get a refund.
I do keep boxes until I know the product works to my satisfaction. But I have room for that and not everyone does. It's a good idea to keep the box if you can.
I do keep boxes until I know the product works to my satisfaction. But I have room for that and not everyone does. It's a good idea to keep the box if you can.
Posted by tnchuck100 on 2010-08-05:
You are a little premature in claiming consumer fraud. You did state you have not spoken with the owner yet.
Sometimes a good attitude will go a long way. Give the owner a chance to make it right. Good luck.
Come back and tell us how it went.
Sometimes a good attitude will go a long way. Give the owner a chance to make it right. Good luck.
Come back and tell us how it went.
Posted by clutzycook on 2010-08-05:
worse comes to worse, contact the manufacturer regarding the warranty. I'm sure there's at least a 1 year warranty in place.
Posted by localgod on 2010-08-05:
No fraud here...the retailer will determine if the item is able to be sold again or whether they are prepared to pay for repairs (at no cost to Toro) to be able to sell the item again. You're beef is with Toro, return policies lie with the retailer and can be revoked without cause(check the policy). If the item is not able to be sold again by the retailer, you must invoke the manufacturer's defect warranty.
Everyone claims that the big box stores are killing the ma and pa (ACE) shops, in reality, they kill themselves by standing by the crap products that are produced today. Contact Toro, have them repair their cheap product...and next time, spend a hundred extra dollars and purchase a quality product such as an Echo or a Husqavarna or a Stihl.
Everyone claims that the big box stores are killing the ma and pa (ACE) shops, in reality, they kill themselves by standing by the crap products that are produced today. Contact Toro, have them repair their cheap product...and next time, spend a hundred extra dollars and purchase a quality product such as an Echo or a Husqavarna or a Stihl.
Posted by Ytropious on 2010-08-05:
local and clutzy have it right. I would bypass the store all together and go for Toro, the company that made the defective product in the first place. They have their own warranty that covers you. As far as the refund....well I would just go buy a new one, put the old one in THAT box, then return it. You won't be out a penny that way. I would hope they aren't all like that, then it really is Toro's fault.
Posted by bcd on 2010-08-05:
It’s fraud if you have suffered a personal loss due to deceptive or intentionally misleading business practices. This is not fraud.
You purchased the packaging with the product and it’s reasonable for the merchant to expect you to return all items. Consider requesting an exchange in which you take the replacement trimmer and the store keeps the packaging materials.
You purchased the packaging with the product and it’s reasonable for the merchant to expect you to return all items. Consider requesting an exchange in which you take the replacement trimmer and the store keeps the packaging materials.
Posted by Helpful on 2010-08-05:
It sounds like most the commenters here have it right. This has nothing to do with fraud and the thought of it being called such, along with threating a civil suite is, well, it comes across as somewhat ridiculous. I guess some people are shocked as to the amount it costs to file a civil suite, even in small claims court. And in many cases, especially where the chance of getting the award is very unlikely, you have no hope of seeing that money again.
Retailers have the absolute right to require that the ENTIRE product be returned for a refund, much in the same way they sold it to you. That includes box, packaging, instructions or other things that may have come with the specific unit.
I thought the same thing as bcd. I'd just ask for a like for like exchange.
And, yes, I do keep boxes until I'm satisfied with a product.
Retailers have the absolute right to require that the ENTIRE product be returned for a refund, much in the same way they sold it to you. That includes box, packaging, instructions or other things that may have come with the specific unit.
I thought the same thing as bcd. I'd just ask for a like for like exchange.
And, yes, I do keep boxes until I'm satisfied with a product.
Posted by old newfie on 2010-08-06:
Most companies will want to repair or exchange.(at their choice) Not many companies selling these kinds of products are willing to refund you money.
Posted by jkresta on 2010-08-06:
Thank you for your comments -- obviously none of you live in California or are familiar with the Consumer Protection Laws in the State of California -- If the product returned must be returned in the original packaging -- it must be clearly state in the store in a clear concise location or on the consumer receipt -- There were no statements to this effect in the store or on the receipt.
I did take it back to the store and spoke with the store owner "Hipenrda Patel" -- He told me he did not take back any electrical items -- all sales are final -- even though the sales receipt said other wise. He is just there to take money from the consumer and has no concern for his customers -- he just wants their money.
He told me to take it to a Toro Warrantee center down the street -- I did -- they told me to take it back to the ACE store on 6th street in Corona California, because they don't service cheap junk like the Toro Trimmer I had.
I did speak with the ACE Hardware consumer department and made it very clear that if this isn't resolved as defined by the implied contract I had with the ACE store on 6th Street in Corona California (951-734-9970) -- I would be filing a claim in Small Claims court against Mr. Patel at that ACE store. Then he will have an opportunity to defend his case in court.
I did take it back to the store and spoke with the store owner "Hipenrda Patel" -- He told me he did not take back any electrical items -- all sales are final -- even though the sales receipt said other wise. He is just there to take money from the consumer and has no concern for his customers -- he just wants their money.
He told me to take it to a Toro Warrantee center down the street -- I did -- they told me to take it back to the ACE store on 6th street in Corona California, because they don't service cheap junk like the Toro Trimmer I had.
I did speak with the ACE Hardware consumer department and made it very clear that if this isn't resolved as defined by the implied contract I had with the ACE store on 6th Street in Corona California (951-734-9970) -- I would be filing a claim in Small Claims court against Mr. Patel at that ACE store. Then he will have an opportunity to defend his case in court.
Posted by goduke on 2010-08-06:
It's amazing that any store willingly does business in California.
Posted by Helpful on 2010-08-06:
Jkresta, can you give us the reference and exact quote for that law? I sure have never heard of it and would like to know where it exists. Make sure to let us know what happens in court.
Posted by jktshff1 on 2010-08-06:
""Original receipt is required for refund or exchange within 30 days" That is enough to eliminate the box thing.
Like tnchuck said, talking to the owner smile, be nice and don't slam the employee. Attitude goes a long way.
Like tnchuck said, talking to the owner smile, be nice and don't slam the employee. Attitude goes a long way.
Posted by PepperElf on 2010-08-06:
i don't think a smile will do much now, not if the OP has told the owner he/she is going to try taking it to court.
but yeah it'll be interesting to see how the case turns out.
any links on that law?
but yeah it'll be interesting to see how the case turns out.
any links on that law?
Posted by Venice09 on 2010-08-06:
That's how I feel too. The OP complied with the terms on the receipt. If there are no other conditions for return on the receipt or posted in the store, then the store should accept the return. To my recollection, Target and Kohl's full return policy is printed on the receipt, which is fine with me. I don't like when stores make up policies as they go along.
California does seem to have an extensive Department of Consumer Affairs. Maybe the OP should start by filing a complaint there instead of small claims court.
California does seem to have an extensive Department of Consumer Affairs. Maybe the OP should start by filing a complaint there instead of small claims court.
Posted by Helpful on 2010-08-07:
So did we ever get a reference to this alleged consumer protection law?
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