Public Mediation

S.M. vs. Sears.Com Customer Service

Will not exchange severely damaged dishwasher. Insulted by customer service.

S. M. vs. Sears (Headquarters)
3333 Beverly Rd - B6-258B, Hoffman Estates, Illinois, 60179-0002, 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: Sears (Headquarters)
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 1241197
    • Amount Involved: N/A
    • Filed On: Jan 28, 2017
    • Posted On: Feb 08, 2017
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Problem with a product
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Statement of Claim
Claimant says:
"I purchased a dishwasher online at Sears.com; it was delivered 1/6/17. Today our contractor opened the box to install and the dishwasher was damaged on all four sides. It looked as if it fell off a truck and rolled down the hill. I called customer service to exchange the item and was told by Travis #878790 that they could not exchange or return after 72 hours. He proceeded to tell me I was negligent for not opening the box and looking at the dishwasher until now! I am completely remodeling my kitchen as with all construction/remodel projects there are delays. We had to wait on the cabinets to be delivered and installed before we could install the appliances. All I want is to exchange the dishwasher.

Travis #878790
He is located in India

"
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Exhibits View
Additional Communication Between Claimant and Sears (Headquarters) Hide
  • Feb 09, 2017, Claiming party added:
  • Attached are pictures of the damage which was caused to the dishwasher. It had to be dropped to sustain this much damage. I have no idea how it was damaged BUT it was damaged when it was received. I NEVER signed for the dishwasher. Sears has never treated customers like this. What happened to customer service. This dishwasher was DAMAGED UPON RECEIPT!

  • Feb 09, 2017, Claiming party added:
  • All appliances were stored in an isolated area away from any remodel work. As you will see on the attached pictures. All appliances are stored in their original packaging in one locked and secured area. Also attached are pictures of all stages of remodel and no where is there any appliances stored. Do the right think Sears. I am not asking for my money back all I want is an undamaged replacement. You can do a change back to Whirlpool and get your money. It is that simple. Do the right thing?

  • Feb 09, 2017, Sears (Headquarters) (responding party) added:
  • Online and on our receipts, we point out the importance of reporting any damage within 72 hours. The reason for this is because after this time it is impossible to prove when damage may have occurred. While Ms. McClendon states it was not caused by her contractors, we have no way to corroborate that. It was her responsibility to check the appliances for damages when they were delivered. She could then have left them in the box waiting for installation being assured that they were all damage free. Also, contrary to Ms. McClendon's belief, we would not be able to return the items to Whirlpool as we would not be able to prove that they were delivered in a damaged state due to the time that has elapsed since the delivery. Due to this, our position remains unchanged.

  • Feb 09, 2017, Claiming party added:
  • No where on my receipt does it state to inspect and returm within 72 hours. We have nevrr had an issue with returning items to Sears. Sears used to be a company of integrity and customrr service, I see that is no longer the case. I have now been called negligent and a liar. Wow.

  • Feb 09, 2017, Sears (Headquarters) (responding party) added:
  • Ms. McClendon ordered online so she would not have a traditional store receipt. However, on the product description page there is a link to our return policy and the receipt we send via email has a link to our return policy. The pertinent part that applies to Ms. McClendon is this:

    For items delivered to your home:


    - Delivery, labor &/or installation fees cannot be refunded

    - Where permitted by law, a pick up fee will be charged for our delivery team to pick up returned mattresses, foundations, patio furniture, gazebos, canopies, pergolas & grills.

    - A 15% processing/restocking fee is charged for mattresses, foundations, assembled/upholstered indoor furniture, water heaters & built-in home appliances.

    - Pick up fees & restocking fees do not apply when item is returned as defective or because incorrect product was delivered.

    Delivered items mandatory damage reporting requirement: Any visible damage on delivered items must be reported within 72 hours of its delivery to be eligible for a refund or exchange. To report damages & obtain the required claim number, call 1-800-732-7747 between the hours of 6:00 am & midnight CST seven days a week (except Christmas Day). For mattresses, foundations, bed frames, headboards & footboards call 1-800-479-5899 between 7:30 am & 8:00 pm CST Monday – Saturday, & 9:00 am to 6:00 pm CST on Sunday.

  • Feb 10, 2017, Claiming party added:
  • Yes, there is a return policy you have to click on to access; however, if you do not anticipate a problem and rely on the integrity of the company you purchased from for customer service; why would you?

    We have had to purchase another dishwasher in order to get our home back in order. We will now proceed with whatever legal remedies are available to us for a refund.

    It is very sad that due to the lack of customer service that customers are going elsewhere and you are having to close stores and folks are out of jobs.

    It is evident that you never had any intentions in resolving this issue. Thank you for your time and lack of consideration.

    BUYER BEWARE!

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Replace: Exchange Dishwasher Feb 01, 2017 N/A
Cash
1. Other – Copy claim to regulators Feb 01, 2017 $14.99
2. Other – Pay for claim posting cost Feb 01, 2017 $7.99
3. Other – Physical delivery charges Feb 01, 2017 $4.99
Cash total : $27.97
Non-cash: 1 items
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with no explanation. This claim will remain posted until resolved.
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  • Contributed Solution: by Fran Fellowes On 06-15-2017
    Sears should give a partial credit More...
If you are a party to this claim, click here.
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