Here’s some consumer electronics heartache for you. A couple in Boston bought an $1100 Samsung TV from Circuit City’s liquidation sale, only to find out that, once they got home and opened it up, it was shattered. Why didn’t they inspect it at the store, you ask? Well, apparently the signs in the store say “DO NOT OPEN THE MERCHANDISE” alongside other signs that say “ALL SALES FINAL” and “CHECK YOUR PURCHASES,” among others.
Guess who refused to return the broken TV? Yes, that’s right, Circuit City – rather, the liquidation company that’s handling the selling-off of Circuit City’s assets. So you can’t open the merchandise to check it before you buy it, but you’re supposed to check your purchases even though all sales are final.
A big part of this problem may be that the couple drove the TV to their house before opening it. A case could be made that the TV shattered in the car, right? You shove it in the back seat, screen facing forward, and slam on the breaks – that could cause a screen to shatter.
It’d be interesting to see what would have happened if the couple had opened the TV in the store right after paying for it. If the TV had been shattered, it would have probably been a much tougher case for the liquidation company to refuse a refund.
But who’s going to unbox a gigantic TV before putting it in their car? The kicker here is that this liquidation is covered under federal bankruptcy laws, not local laws, so the couple isn’t covered like they normally would be had they purchased the TV under normal circumstances.
According to TheBostonChannel.com:
A spokesman for the liquidation group, Great American Group said, “We have signs posted indicating all sales are final,” and “Consumers are protected by the manufacturers warranty.”
But Samsung wouldn’t help Gina and Emilio, saying their TV was damaged, not defective, and not their concern.
“No one’s there to help us … we’re out $1,100,” Gina said.
Gina has appealed to her credit card company but so far Citizens Bank has not said whether it will help.
We’ve been covering this liquidation for a while now and it’ll be nice when it’s finally all over since there haven’t been a whole lot of heartwarming stories coming out of it. The important thing to remember is that liquidation firms are not in the business of providing customer service or making sure they’ll maintain lifelong customers. They’re in the business of selling whatever’s left in a store as quickly as possible at as high a price as consumers are willing to pay. Once it’s paid for and out the door, they’ll likely do whatever it takes to keep merchandise from coming back into the store.
If you’re going to shop liquidation sales, it’s probably best to stick to smaller ticket items like software, DVDs, and music – stuff you can’t normally return anyway. Not $1100 TVs that may very well have been mishandled in the back of the store.
Wait, what? I’m not a lawyer and so maybe I shouldn’t even be talking from my limited knowledge, but bankruptcy laws don’t give a company the right to sell a product that doesn’t meet its intended purpose.
Example: If your sold a lawn mower, it should meet the purpose of mowing the lawn. If you tell the salesman that it needs to mow your 1/2 acre lawn, and he says it can, it should meet that purpose.
I know nothing about bankruptcy laws, but again, I doubt it allows you to break a law as simple and basic as that.
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STOP… Look and listen the first sign in all CC is ALL SALE FINAL… At all store their is a testing station for purchases. All sales associates at check out explain the policy as they stand in front on a sign that states ALL SALES FINAL. The question for you is if I buy a car and drive it down the street and hit a pole I should return it?
This couple was just plain stupid. Either that or they go to Vegas a lot and gamble like hell.
Would you participate in a $1100 grab bag knowing you can pick something out of the bag worth anywhere from $1 to $1500- I think not.
Do a chargeback on your credit card. I hope they didn’t pay with cash.
Never mind on that one. Their card issuer is Citizens Bank (the worst bank I’ve ever used). They are screwed. I’m sure citizen’s will find some way to nickel and dime them for an extra $200 just for trying to get their money back.
If it has a Visa/MC/Amex logo on it, they will have to deal with it according to the rules set by the company on the card.
I lucked out this weekend.. Bought Guitar Hero World Tour, but was in a hurry and just didn’t pay attention to what console it was for. Saw that I had the PS2 version instead of the Xbox360 one. I went back and talked to a manager and after he found out the Xbox version was a little bit more expensive, he told me to just take it cause they aren’t supposed to do returns which is what he would have had to do to make me pay the difference..
This is why I always make such purchases using American Express. Their purchase protection plan is automatic. It not only forces the store to take the goods back, it doubles the warranty for up to two years. It further protects against theft and accidental damage.
I once had a $2k 12 speed racing bike stolen just 2 months after I bought it. Amex simply told me to go back to the store and get another on the card. It never showed up on the bill.
I have to agree I love my AMEX card and last year alone did about 25k in business with them. Only thing that sucks is I pay my bill in full every month so I never pay interest. I wonder if they hate that about me, LOL?
Funny, I opened my big screen tv before i loaded it in my car. In fact the sales associate recommended that. they specifically stated that it was in case of damage or missing parts. if it’s identified before i leave the store, they would’ve taken care of it. Im in greater boston too-
I agree with Brian from Greater Boston area and can attest to the fact that if the merchandise is opened after being purchased (it is YOUR property at that point) BUT prior to a customer leaving the building they are assisted with exchange or refund (if they purchased the last of a particular item). Granted there are lots of signs all over the stores, but there’s also a testing area set up to help. In addition, prior to liquidation a store would have been hard pressed to simply swap out a television without some further consultation if there was physical damage. (Prime example: “We were trying to mount the television and dropped it. Is there anything you can do to help me?” Not many people would admit to that–but it definitely happens). But in most instances the guest received a new unit to ensure customer loyalty. Contrary to what many believe store management that upheld the company’s values did the best to make sure people left happy–liquidation is not always caused by poor customer service.
i have talked to many of the employees at circuit city. many of them are very nice and regrets having to enforce the regulations set by the liquidators. its not bad enough that they are losing their jobs, but the liquidators are marring the company name with these terrible rules. and most people don’t realize that these rules are not set by Circuit City.
First it is ok to open the merchandise first, if you did and it was ok then youd buy it. if it wasnt you wouldnt and no one would make you. also speaking to a manager as a person rather than screaming at them would in most cases get you an exchange.
Here is the deal these dumb customers come to these sales trying to get something for nothing. If there is a huge sign (about 50 signs in the stores) that say all sales final. you must buy at your own risk. I run a location my self and would not buy from a store that is closing!!! Your the idiot for spending 1100 dollar on TRASH. You buy your high dollar things from a flea market? Hope not!!! SUCKS for you but next better do your research!! This Boston Couple are complete idiots. You broke the TV I was in the location you visited. Nice try play the victim!! You dropped the tv on the ground!! scratch proved these is true. Try taking advantage of someone whos not closing you JERKs!! Take Care and enjoy your trash TV it just like you TRASH!! Take Care Trash