ComplaintsforB & M Distributors

• Initial Complaint

  06/29/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  My wife purchased a swing for our patio. The swing was a floor model swing in which the offered a discount on. After thoroughly inspecting the swing for damages and not finding any, she purchased the swing. Upon delivery, the swing was dropped on two occasions by the company. They installed the swing and did not even inform me of the damages that they caused. When notifying the company that I would like to return the swing and have my money refunded, they are trying to enforce an all sales final policy which is illegal in the ****************. They are also not charging or paying sales tax in the ****************.

  Business response

  07/11/2023

  Until receiving communication from the BBB regarding Mr. ******* complaint, our company and owner were unaware of an issue with the swing being scratched. Our office was never contacted in any way by Mr. ***** regarding this issue, nor did we receive any pictures from him. Apparently, **************** only talked with the Salesman that sold and delivered the swing.

  After receiving the complaint from the BBB we spoke with the salesman to inquire about what took place. According to the salesman Mr. ******* son was present at the time of delivery. The swing did come in contact with the salesman's truck. Neither the salesman nor Mr. ******* son noticed any damage to the swing or the salesman's truck. That is why there was no damage reported to Mr. ***** by the salesman. 

  Mrs. ***** called the salesman and told him about the scratches. The salesman offered to come out and fix the scratches with touch up paint. This solution was accepted by Mrs. ***** with no issues. The salesman then received a text from Mr. ***** asking when he would be coming to fix the scratches. The salesman said he would come out whenever it worked for Mr. ****** Mr. ***** then told the salesman that he would fix the scratches himself and asked about compensation for the scratches. Our salesman told Mr. ***** that he was not authorized to give compensation but he could give them extra fabrics for their swing valued at about $500 and he would still come out and fix the scratches. Mr. ***** called him a name and said that solution was an insult. Mr. ***** was also offered a brand-new swing to replace the scratched discounted floor model one but refused this option as well. He insulted our salesman again and again told him this offer was an insult. Our salesman repeatedly asked Mr. ***** to give him a call so they could work on a solution. Mr. ***** never spoke with our Salesman. He would only communicate via text. But cut all communication with the salesman.

  As far as Mr. ******* concern about All Sales Are Final being illegal in *******, based on The ******* Senate website under Florida Statutes, Title XXXIII, Chapter 501, Section 142, it is not illegal to have an All Sales Are Final policy as long as it is in writing. The All Sales Are Final is in fact in writing on the Invoice that was signed for the purchase of the swing. Mr. ***** was offered several options to resolve this situation by the salesman. However, it is unfortunate Mr. ***** did not contact or send pictures to our ************** or Owner as this could have been resolved much earlier.

  Mr. ***** is more than welcome to call our office and talk to us at any time, which he has not done. Our office number is ************ or *************

  Customer response

  07/11/2023

  I am rejecting this response because: *********** is making false claims. *********** ADMITTED to delivering DAMAGED goods to a MINOR. They were immediately notified when I returned home from work that I was not happy with the delivery of damaged goods. The fixing of the scratches they are claiming is no more than a touch up marker. The swing is already rusting due to damages and will start to ruin my pool deck. In the event my pool deck is damaged by the rust I will pursue further liability for the damages. Refund my money as I never accepted or signed for this delivery. You delivered damaged goods to a minor without my consent. 
  

  Business response

  07/12/2023

  No option for resolution was ever discussed or ruled out by us as we have still never heard from Mr. ***** regarding this situation, even though we provided our direct phone number. The only contact has been thru the salesman.

  We value our customers and take pride in what we do. We feel badly that Mr. ***** is so dissatisfied with his purchase and that he refused to contact us for a resolution.

  We will refund Mr. ******* credit card for the full amount paid at the time of scheduled pick up of the swing, as replacing the discounted display swing he purchased with a new swing at No Additional cost was unacceptable.

  To date Mr. ***** has still not contacted our office for any communication and has cut all contact with the salesman as well and has only commented thru BBB.

  We have tried to reach out to Mr. ***** to discuss scheduling a pick up time and would appreciate receiving a call back. ************ or ************

  Customer response

  07/13/2023

  I am rejecting this response because: We have spoken and agreed to refund my card and they will pick up their product on July 18th. I will update the case once it is resolved. 
  

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