Public Mediation

Ken Kalb Dispute

D. W. vs. Electric Star Power Bikes
P.O. Box 5796, Santa Barbara, California, 93150-5796, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Electric Star Power Bikes
    • Claimant Seeks: View.
    • Claim #: 1151691
    • Amount Involved: 1,628.67
    • Filed On: Feb 07, 2014
    • Posted On: Feb 18, 2014
    • Complaint(s):
      • Bad business practices
      • Problem with a product
      • "I just feel ripped off."
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Statement of Claim
Claimant says:
"I purchased a new electric bicycle from him in april or last year. He shipped it to me and upon riding it discovered that it didn't work on the high power only the low power. I called him and told him the problem and he told me he would get back to me. He called me back after a day or two and said I needed to take the bike to an electric bike shop down here by me (he's in Santa Barbara) and the manufacturer would help them resolve the problem. So I took it to one that he referred and picked it up a couple of weeks later after being assured it was fixed. Upon returning home I discovered it was not fixed but that you had to hold the throttle on the whole time for it to work and that would drain the battery extremely fast.
So I called Ken back and told him I would just like to have my money back ($1628.67) and return the bike. He told me all sales were final that it said so on his website. I contacted the manufacturer who told me to take the bike back to the bike shop and they thought they knew what the problem was. So I did this multiple times and everytime to no avail. Finally they had me ship it back to them so they could work on it, which they did and returned this time to a different electric bike shop that I found on-line which I visited and felt had more experience. Again the bike did not work properly this time the power kept cutting in and out.
I told them I just want my money back but no one will give me my money back. I called Master Card and they told me they could not help me because I would have had to go to them before the bike went to a bike shop. Keep in mind Ken told me to do this. Now it's almost a year and the manufacturer said I could keep this broken bike and they would give me a lessor bike also for my inconvenience and I could sell both of them to get my money back. I just want my money back. Can you help?
Debra Wasky
glass2th@aol.com"
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Additional Communication Between Claimant and Electric Star Power Bikes Hide
  • Feb 10, 2014, Electric Star Power Bikes (responding party) added:
  • Yes, we clearly state in no uncertain terms, that all sales are final due to the costs and logistics of shipment and repair. Bicycles are fully tested and warranted by the manufacturer. The manufacturer, Emoto EV, warrants the bicycle and is responsible for all warranty claims, including repair or replacement. Emoto EV reports they paid for shipping to and from their facility, and assured me they fully inspected and tested the bicycle before returning it, and it performed according to factory specifications. They report they felt the problem was with the customer who had a history of purchasing and returning electric bicycles.

What Claimant Wants Hide
1. Refund: Emoto velocity 2.5 electric bike Feb 22, 2014 $1,628.67
2. Other – Copy claim to regulators Feb 22, 2014 $14.99
3. Other – Pay for claim posting cost Feb 22, 2014 $7.99
4. Other – Physical delivery charges Feb 22, 2014 $2.99
Cash total : $1,654.64
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "This invalid claim from an April 2013 sale, has already been thoroughly responded to.
    Every possible courtesy and effort was made to assist this customer. Everyone involved -- the manufacturer, the warranty stations, Visa, and the Better Business Bureau -- all agreed was not possible and the problem was with the customer. Her bicycle was repaired under warranty, and even replaced -- allowing her to keep 2 bicycles. Ms. Wasky never even picked up her second bicycle, but rather complained to Visa, the BBB, and PeopleClaim. There is simply nothing that would satisfy this customer. This matter has long been closed.
    Apparently, PeopleClaim can post any frivolous claim which a claimant will pay for without investigating and post this on the internet.

    I will go ahead and paste our original response to this claim from last year below.

    May 28, 2014
    Submitted by:
    Ken Kalb

    After researching this issue with the manufacturer and the warranty station involved, here is a summary of the facts and circumstances of this situation:

    1. Approximately 14 months ago (April 2013), this customer from Long Beach, CA called and ordered an Emoto Velocity 2.5 electric bicycle on closeout. I was a sales agent for the manufacturer, Emoto EV (888-443-6686) in Kent, Washington. Emoto technicians prepared and drop-shipped the bicycle to the customer as agreed. We paid Emoto for the product and shipping, paid the State Board of Equalization the collected sales tax. Emoto’s (the manufacturer) customer service department handles all post-sale limited warranty issues for 1 year, or consigns them to a local dealer in the customer’s area who they reimburse for warranty work. Once in the warranty process, the arrangements for service, repair, or other restitution with the customer are made directly with the manufacturer. Though we do state on our website “All Sales are Final,” we do not intend that to mean the product is not supported. In this case, the manufacturer and dealers involved extended every courtesy and expense attempting to satisfy the customer to the point where we realized she was insatiable.

    2. Approximately 3 weeks after the sale, the customer called and reported she loved the bike, but expressed concern of a feature of the bicycle, namely the “pause” in the pedal-assist feature which I explained was simply the manner in which the pedal sensor operated as it was detecting the rider’s effort. I immediatey called Emoto who contacted her and arranged inspection/service at a local dealer, Fresch Electric Bikes in Huntington Beach (714-969-8800). Fresch serviced the bike and reported it to Emoto as being returned to the customer in good working order. They also reported an opinion that the customer, who had returned her previous electric bike to Costco, had buyer’s remorse issues, and in reality, wanted a different model.

    3. Apparently still concerned about the bike, the customer complained further to Emoto, who eventually arranged and paid for packing and shipping ($150), to their facility where their technicians did full diagnostics on the bike and any necessary adjustments. Certified with a clean bill of health, they paid for and shipped ($150) it back to the customer. The customer brought it to a warranty station -- Myron’s Extreme Machines (714-992-5591) in Fullerton, California. Myron’s unpacked and prepared the bike for the customer. Sam Townsend, owner of Myron’s told Emoto EV the bicycle arrived in good order, and arranged for customer pickup. Sam also explained that the customer had apparently left the carefully boxed bicycle out in her backyard in the rain prior to bringing it back to his shop. Some time later, the customer was apparently still not satisfied, and complained further to Emoto and attempted to get Emoto to refund her.

    4. Emoto reported to me that as a “nuisance settlement,” they ultimately agreed to ship her a second electric bicycle (a slightly different but almost identical model -- an Emoto Velocity 2.0 -- since they had discontinued her exact closeout bike) to Myron’s and told the customer she could keep both bikes, sell one or perhaps give one to her Mother. Myron’s unpacked and prepared the new bicycle for the customer. Sam, the owner of Myron’s told me that though they contacted the customer, she never even came in to pick up her second bike.

    5. Instead, on July 16, 4 months after the sale, the customer emailed me, still requesting reimbursement for the bicycle as well as accessories she had purchased for it. I explained to the customer that this would not be possible, particularly under all the above circumstances.

    6. Now, 14 months after the sale, the customer, is still pursuing this matter and attempting to spoil good reputations with a revision and distortion of the events. Every courtesy, effort and expense has been devoted to attempting to satisfy this customer, which we do not consider possible. We are convinced that the customer needs to assume responsibility for her purchasing decisions and show some respect for the goodwill extended to her. This has all cost much more than the original cost of the bicycle.
    I have researched this matter with Emoto EV, Fresch's, and Myron’s, and we all consider to have made every possible good faith effort for resolution, and have long considered the matter closed.

    "

This claim will remain posted until resolved.

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