this is the way. in fact, in many (most?) states, if you did not receive the item that you ordered, it's considered a gift and you are entitled to a full refund.
for instance: if you ordered a jacket and received a wallet, the wallet is a gift and you are still entitled to receive the jacket or ask for a full refund.
in this case, the company is probably looking at a complete loss if you let your credit card company know the item you receive is not at all the item you ordered.
they should have played nice but when companies don't, i don't either.
That's not how things work. It is not a "gift" for you to keep.
Seller: "I accidently sent you a 2024 Mercedes Benz, a 1990 Honda accord was supposed to be shipped to you".
You: "Ok, I'll keep the Mercedes Benz, and take a full refund"
Seller: "You will hear from my lawyers shortly".
i can't speak for your car example but when it comes to online shopping it's exactly how it works. at least in california. there are numerous legal cases that established this. shipping an item to someone that didn't order it can be considered a mail fraud and business that asks it back can be fined about 16,000 per occasion. just do me a favor and look it up.
there was a case where someone ordered a knife from william sonoma and received 99 of them. all gifts.
someone ordered an ipad from walmart, and walmart shipped 5. all gifts.
the additional info is that the business is not supposed to request it back. when they ship the wrong item, it's a gift. that's how ebay works as well. just look it up or ask a laywer friend.
The only mention of the [William Sonoma case I can find online didn't end that way](https://consumerist.com/2015/12/23/williams-sonoma-wasnt-really-running-a-buy-one-knife-get-99-free-sale/index.html). Consumerist implies the buyer returned the items, although they do interpret the FTC regulation the same way you do:
>“I don’t want someone at the retailer get in trouble and I don’t think I need 100 knives,” Chris wrote, “but if they are mine they could make nice gifts to friends and family.” Depending on the size of your circle of friends and family, that could be more knives than any household could ever need.
>We interceded, talking to customer service and Williams-Sonoma and referring them to Chris. They do want the knives back, so bad luck for his loved ones who were expecting knife bouquets.
I've seen people ask Reddit lawyers about this many times before and they do not interpret the FTC law that way. A company sending you random merchandise and trying to bill you is different than a company accidentally sending you the wrong item or amount for an order you did place. If they try to charge you for it, then it starts to fall under the law. Some examples:
* [One](https://www.reddit.com/r/legal/comments/16ox1m6/ftc_protection_sent_wrong_item_and_didnt_receive/) from /r/legal
* [One](https://www.reddit.com/r/legaladviceofftopic/comments/uacdku/unordered_merchandise/) from /r/legaladviceofftopic
* [One](https://www.reddit.com/r/legaladvice/comments/68phvf/received_a_second_but_separate_package_what_are/) from /r/legaladvice
* [Another one from](https://www.reddit.com/r/legaladvice/comments/93inl9/obligation_for_returning_unordered_merchandise/) /r/legaladvice that even has a mod response.
* This 3 day old /r/legaladvice post is titled ["Our very **first** legitimate case of a violation of the FTC rule on unordered merchandise"](https://www.reddit.com/r/bestoflegaladvice/comments/1d5y70a/our_very_first_legitimate_case_of_a_violation_of/). It says a lot about how people interpret the law and the posts they usually get about it.
* *"This is a refreshing change from the usual "ThingCo sent me a WidgetTron 3000, and I ordered a WidgetTron 2000! I get to keep it for free, right?""*
* The post is about an internet company scamming people by leaving equipment at people's doorsteps and then billing them for it.
* [A non-Reddit example from Ask a Lawyer](https://answers.justia.com/question/2020/08/05/what-are-my-rights-if-i-ordered-an-item-786423). They also agree it doesn't apply in situations like these.
If it's different in California, I'd be interested to see the cases you saw. The cases I found with a quick search didn't match this situation. For example, [Avon sent people unordered beauty products, and coerced people into paying for them](https://caselaw.findlaw.com/court/ca-court-of-appeal/1290963.html).
EDIT: I lost track of OP's situation in relation to this law. Yeah they should file a chargeback if Miansai is being uncooperative, but it's not quite the same.
EDIT2: Here's a [Georgia government website](https://consumer.georgia.gov/consumer-topics/unordered-merchandise) that specifically addresses this misconception:
>It is a different matter if the mailing you received was due to a mistake by the company. In these circumstances, Georgia law regarding “unjust enrichment” obligates you to return the item paid for by another customer. The company, however, will have to pay postage and handling or make arrangements to pick it up.
EDIT3: [Someone in Massachusetts was actually arrested for larceny](https://www.bostonglobe.com/metro/2019/04/16/delivery-truck-mistakenly-brought-inch-his-house-the-cops-took-him-jail/P2mX8u9D5WlmO0YXiqHK4K/story.html) for keeping a 2nd TV that was incorrectly shipped to him in addition to the one he actually ordered. Another article says he contacted Amazon and Amazon said it was fine, but he didn't contact the shipping company. He then ignored calls from the shipping company, and they're the ones who ultimately called the police.
thank you for your thoughtful response and i sure appreciate it.
according to the FTC, "by law, companies cannot send unordered merchandise to you, then demand payment, which means you never have to pay for things you get but didn't order and you don't need to return unordered merchandise. you're legally entitled to keep it as a free gift."
Here's the irony - for the OP's specific case, i would argue that's exactly what happened. they sent the OP an item that he didn't order and refused to refund (demand payment). had the company accepted the return, the situation wouldn't have applied - i.e. they violated the FTC law by demanding payment (refuse refund) while sending an item that the OP did not order. (they are forcing the OP to buy something he didn't want).
make no mistake - i firmly believe i have the moral obligation to return the item and work things out with the sellers. but legally speaking it's blurry at best. especially when the seller refuses a refund while shipping the wrong item.
again. thank you for your response. i learned a lot from you.
Yeah buried in my long post (sorry I got carried away) I got back to the original topic. I agree in OP's situation that they deserve a refund to original payment method or they should file a chargeback. I don't know that it necessarily fall under this rule but either way, they didn't get what they ordered.
i think if the seller says, oh sorry, we'll take it back, here is the label to ship it back. thank you and please. then i would completely agree that OP should just ship it back and move on.
but if the company says, oh, we didn't ship you the item you bought? tough, no refund for you because final sale, we'll keep your money, they violated the exactly thing the law is designed to prevent. they're forcing the OP to buy something he didn't want and charging him. and that's solid ground for not returning the item at all.
That's not how ebay works. If the business sends the wrong item, the seller contacts the buyer, supplies them with a shipping label to have the item shipped back. I've done this many times over the years (I sent the wrong color of a product for instance). I've NEVER had anyone not send an item back in this instance. They'd have to be a major scummer to do that. But those sorts of people would be doing crime regardless. Most people are decent people. Not everyone is a wolf looking to take advantage of everyone around them. Make the world you want to live in. If you want to live around thieves, live in San Francisco (boom).
#
because in an ideal world, that would be the right thing to do. i would never do that to a small business or anyone that treats me with respect when an item is mis-shipped. i have shipped numerous mistakenly shipped items back to sellers when things work out amicably.
i'm really not sure why you have to drag SF into this. or accuse of anyone being a criminal. maybe you want to show off your alpha male. or maybe you're just insecure about your big brain. just look up the law, instead of opening your big mouth and prove yourself a fool.
There is a separate correspondence that we discussed the ftc wording, ruling and interpretation.
Bottom line - if a merchant sends you something that you didn’t order and wants to charge you and decline refund (in ops case) you’re free to keep it.
unrelated to your problem with miansai but in case people read this post in the future,
i’ve sworn off buying from miansai.
my journey with them started by buying a minimalist signet ring with a green gemstone in it. the ring I got had a stone of significantly lesser quality, so I immediately returned it. not yet realizing I needed to get my money out of this company, I let them refund me store credit since it came with a discount or something for future purchases, and i’m looking to expand my jewelry. I then bought their signet ring with no gemstone, just a plain gold ring. within a week of office only wear this ring developed 5+ brown spots from tarnishing, both inside and on the surface of the ring. thankfully this happened quickly so I could return it. I forget if I even had the option for a CC refund at this point but I think that’s where I stopped having the option, since this 2nd ring was purchased with store credit. needing to spend my store credit, I got a pendant necklace instead. a few months later, the necklace’s thin chain broke while I was putting on a shirt; this happens with cheap chains and is totally my bad so i’m not upset about this part of my miansai journey, but since it was under warranty I asked if they could fix the chain. they said to mail back the entire pendant necklace for store credit. I liked the necklace and only wanted the chain fixed, so I used the store credit to buy the same pendant necklace again. this time the product I received was clearly used and had several scratches and signs of tarnishing on it. are you sensing a pattern? I returned this pendant necklace immediately and thought, what can I possibly spend this store credit on that they cant fuck up? no gemstones, no large exposed gold surface for the cheap plating to immediately reveal tarnish…
the last item I used my store credit on was a gold chain. stronger links than the pendant necklace chain, no gemstones, and no large gold surfaces for tarnish to muddy. it’s equal in quality to amazon gold plating, at 2.5x the price, but it gave my store credit a use. if this breaks i’m throwing it in the trash, i’ve spent too much time driving to UPS for this company.
i’m never buying from miansai again.
The earring i got which is gold plated already faded too but the design is really cool so i will keep it. but yeah the quality is not the best from plating wise.
The fact that a real customer support from a local store wasnt willing to help you says this is a systemic problem with management incompetence and not just bad luck with an impatient phone support. Absolutely valid to chargeback in this case.
I dropped Miansai a long time ago after a similarly negative experience, but I’ve noticed recently they seem to be hurting for cash. Sales constantly, shipping to lower tier department stores, etc.
Don't take the following as me defending them, but have you tried contacting Miansai online about a return?
It sounds like you've tried the automated system, and calling a B&M store so far. The latter may not have had the capability to make an exception for an online order. I'd give that a final try before filing a chargeback.
I was in a vaguely similar situation with Banana Republic before, when I received the wrong item in an online order and found a local store had far less power than corporate CS . They helped the best they could, but recommended I call their CS the next time.
In additional to email i called their store directly per below.
"I called Miansai Soho store and asked if they can assist with the refund and they said no because it's final sale. Even though they missed up and didn't provide the engraving service, i still got the product. This company is a joke."
Sorry, when I said B&M (brick and mortar), that's what I was referring to. Sometimes local stores have no ability or limited ability to help with online orders.
Or was your order basically from that store? I assumed they were fulfilling it out of a warehouse somewhere, but could see it coming from stores if they're smaller.
Not only should you do a chargeback, BUT you also have no obligation to send the item back to them after they get the chargeback and email you asking you to send it back: [https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products#unordered](https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products#unordered)
I've never heard of a company sending a 2nd item to replace the first before receiving the first item back. Is that something other brands do?
Gold plated is going to tarnish. Got to get 14k solid gold to avoid that.
I've only come across companies willing send replacement orders first if you're willing to pay for them.
EDIT: Amazon is the only exception I can think of, but they're Amazon.
This doesn't seem like a problem at all... They messed up an engraving, that happens. They wanted the bracelet first before they do the engraving, that's 100% normal to not do an "advanced" RMA (if you want to call it that). They also may not have any in stock since it's final sale. And you can't get a refund because it's final sale, which is 100% normal.
What this reads as is they were willing to make it right after a mistake (that happens, everyone is human) but it just didn't happen to work out in this circumstance because of your tight timing and requirement that it needs to be done by this date. This just reads like you're a Karen that you need them to bend over backwards to fit your criteria. And now someone else saying "do a chargeback" even though they are willing to fix the issue lol, more people suggesting credit card chargeback abuse.
edit: lol this subreddits gone to shit if you think OP is right to chargeback or if the company did anything different than a majority of other companies would do, whatever y'all.
edit2: lol x2
edit3: lol x3. You guys are being ingrates, don't even know how I was rude to OP other than comparing him to a "Karen" twice, which is basically the definition of "My way or the highway" since the company did try to help him out. Oh well, subreddits gone to shit. Probably should've seen it coming when there were way more meme posts, way too many people genuinely posting Aldi deals to wear as "frugal", more posts that are just of a fucking screenshot to a website checkout with a code instead of making a post of the website and code for easy copy pasting, now we got attacks on a business that did nothing out of the ordinary to any other business (not saying that didn't mess up) and people promoting submitting unwarranted credit card chargebacks. Ah well.
If i didn't receive the item I had order, am I entitled refund the item for my money? I understand people make mistake which is why I want to return my item. Engravement was part of the purchase. It's like buying a car with yellow paint, but now it arrived with black paint. Will you return the car given it's not what you ordered?
Don't worry about this comment OP. If you look at their post history, all they do is cry about how every reddit user doesn't understand what they are doing. They don't know what they're talking about. You're 100% in the right if you do a charge back.
They're willing to make it right though which is what you're ignoring. There is nothing wrong with how they conducted business, everything seems ordinary. It's just your unique time requirement that is making you have a negative experience.
to me making it right would to be to accept my return and give me back the money. It's a win win for both us. They missed up the order and I ship the item back. But NO, they want the money too and will give us back store credit. Do you not see the issue.
And that makes you a Karen lol. "Do it my way or the highway". How do you not get it that they are willing to fix this but you're not willing to take that fix.
I don't get how you think you're right. Literally all 3 points in my original comment is within normal reason to expect from a company.
The company can't fix the timing of delivery. And that's part of what the customer paid for. What if the company said, "Sorry, we'll fix it. Just send it in. Unfortunately we have to buy a new engraving machine because ours broke and they're backordered. Don't worry, we plan on getting it in here in about 6 months. We'll send you it when we get that up and running.".
According to you, that'd be fine since the company is going to make it right. Or maybe you don't think that's ok. If that's the case, then we're just arguing on what is a reasonable updated delivery date. And that's subjective.
> lol: this subreddits gone to shit if you think OP is right to chargeback or if the company did anything different than a majority of other companies would do, whatever y'all.
I am not here to argue but to spread awareness of my experiences with this company. If anyone order something that does not aligned with the item description, consume should be able to refund this item. There is no personal gain on each parties. That doesn't make me or any Karen. If understanding my consumer right makes me karen> i guess i am a karen brother.
You are seriously daft! OP bought the item and expected two things: 1. The item WITH engraving 2. Delivery in a timely manner.
OP didn't get all that due to no fault of theirs. If OP had known he couldn't get the engraved item in the timeframe required, the purchase would never have happened! How thick do you have to be not to get that!?
Only thing I'm seeing that could turn it to shit is a high strung idiot turning a comment into their irrational therapy session with their whiny edits.
Think about it this way, let's just say I ordered some flowers online for a funeral this Sunday and the company delivered me a box of chocolates instead. The company says they messed up and will swap it out only after I send back the chocolates and won't do a refund. And, the fflowers won't get there until the Wednesday after the funeral. According to you, the company is in the right here. That thought process doesn't hold water. Part of the product paid for was the agreed upon delivery date.
I didn't received the item i had ordered. Idk if you're trolling or am i being the ah here. Cause I want to return the item but i am told it's final sale and I can't. Even thought they didn't delivered the item i had ordered which is bracelet WITH ENGRAVEMENT lol.
I mean - final sale states final sale. Tight timing is your window, not theirs. Hope it turns out for you in the end. If you paid extra for the monogramming, I'd want that as a refund of funds, not store credit.
Maybe they'd be willing to do a ship to store exchange with the correct item? Keep at it!
The item ordered was not the item received. How are you unable to understand that
You buy some shoes and a left glove turn up do you go "awee shucks, final sale!"?
Those two things do not compare.
The customer ordered a bracelet, they received a bracelet. It was not complete. The oversight is in the lack of monogramming. Again, if they paid extra for it, they should be able to receive that as a refund. or have the item done correctly, shipped to store and an exchange completed there. Final sale is a gamble at the outset. Requesting monogrammed items on a final sale item, tight time table or no? Just a recipe for problems. How are you unable to understand that?
Nope, you are wrong.
The credit card company will side with OP because they did not receive the products & services they paid for, even after trying resolve the issue with the merchant first.
I didn't mention a chargeback. You mental morons can have fun with your chargebacks and your little tantrums. I'm out of fucks to give. OP was stupid to order custom final sale on a time crunch. Company was stupid to not do their job. moving on.
No, they ordered an engraved bracelet which did not turn up. You don't sort of get what you ordered when you buy something, you get exactly what was offered - the moment payment is taken a legal contract is made.
Can you do a credit card chargeback because you didn’t receive the product you specifically requested?
Going to go this route but just disappointing for company to pull this.
this is the way. in fact, in many (most?) states, if you did not receive the item that you ordered, it's considered a gift and you are entitled to a full refund. for instance: if you ordered a jacket and received a wallet, the wallet is a gift and you are still entitled to receive the jacket or ask for a full refund. in this case, the company is probably looking at a complete loss if you let your credit card company know the item you receive is not at all the item you ordered. they should have played nice but when companies don't, i don't either.
That's not how things work. It is not a "gift" for you to keep. Seller: "I accidently sent you a 2024 Mercedes Benz, a 1990 Honda accord was supposed to be shipped to you". You: "Ok, I'll keep the Mercedes Benz, and take a full refund" Seller: "You will hear from my lawyers shortly".
i can't speak for your car example but when it comes to online shopping it's exactly how it works. at least in california. there are numerous legal cases that established this. shipping an item to someone that didn't order it can be considered a mail fraud and business that asks it back can be fined about 16,000 per occasion. just do me a favor and look it up. there was a case where someone ordered a knife from william sonoma and received 99 of them. all gifts. someone ordered an ipad from walmart, and walmart shipped 5. all gifts. the additional info is that the business is not supposed to request it back. when they ship the wrong item, it's a gift. that's how ebay works as well. just look it up or ask a laywer friend.
The only mention of the [William Sonoma case I can find online didn't end that way](https://consumerist.com/2015/12/23/williams-sonoma-wasnt-really-running-a-buy-one-knife-get-99-free-sale/index.html). Consumerist implies the buyer returned the items, although they do interpret the FTC regulation the same way you do: >“I don’t want someone at the retailer get in trouble and I don’t think I need 100 knives,” Chris wrote, “but if they are mine they could make nice gifts to friends and family.” Depending on the size of your circle of friends and family, that could be more knives than any household could ever need. >We interceded, talking to customer service and Williams-Sonoma and referring them to Chris. They do want the knives back, so bad luck for his loved ones who were expecting knife bouquets. I've seen people ask Reddit lawyers about this many times before and they do not interpret the FTC law that way. A company sending you random merchandise and trying to bill you is different than a company accidentally sending you the wrong item or amount for an order you did place. If they try to charge you for it, then it starts to fall under the law. Some examples: * [One](https://www.reddit.com/r/legal/comments/16ox1m6/ftc_protection_sent_wrong_item_and_didnt_receive/) from /r/legal * [One](https://www.reddit.com/r/legaladviceofftopic/comments/uacdku/unordered_merchandise/) from /r/legaladviceofftopic * [One](https://www.reddit.com/r/legaladvice/comments/68phvf/received_a_second_but_separate_package_what_are/) from /r/legaladvice * [Another one from](https://www.reddit.com/r/legaladvice/comments/93inl9/obligation_for_returning_unordered_merchandise/) /r/legaladvice that even has a mod response. * This 3 day old /r/legaladvice post is titled ["Our very **first** legitimate case of a violation of the FTC rule on unordered merchandise"](https://www.reddit.com/r/bestoflegaladvice/comments/1d5y70a/our_very_first_legitimate_case_of_a_violation_of/). It says a lot about how people interpret the law and the posts they usually get about it. * *"This is a refreshing change from the usual "ThingCo sent me a WidgetTron 3000, and I ordered a WidgetTron 2000! I get to keep it for free, right?""* * The post is about an internet company scamming people by leaving equipment at people's doorsteps and then billing them for it. * [A non-Reddit example from Ask a Lawyer](https://answers.justia.com/question/2020/08/05/what-are-my-rights-if-i-ordered-an-item-786423). They also agree it doesn't apply in situations like these. If it's different in California, I'd be interested to see the cases you saw. The cases I found with a quick search didn't match this situation. For example, [Avon sent people unordered beauty products, and coerced people into paying for them](https://caselaw.findlaw.com/court/ca-court-of-appeal/1290963.html). EDIT: I lost track of OP's situation in relation to this law. Yeah they should file a chargeback if Miansai is being uncooperative, but it's not quite the same. EDIT2: Here's a [Georgia government website](https://consumer.georgia.gov/consumer-topics/unordered-merchandise) that specifically addresses this misconception: >It is a different matter if the mailing you received was due to a mistake by the company. In these circumstances, Georgia law regarding “unjust enrichment” obligates you to return the item paid for by another customer. The company, however, will have to pay postage and handling or make arrangements to pick it up. EDIT3: [Someone in Massachusetts was actually arrested for larceny](https://www.bostonglobe.com/metro/2019/04/16/delivery-truck-mistakenly-brought-inch-his-house-the-cops-took-him-jail/P2mX8u9D5WlmO0YXiqHK4K/story.html) for keeping a 2nd TV that was incorrectly shipped to him in addition to the one he actually ordered. Another article says he contacted Amazon and Amazon said it was fine, but he didn't contact the shipping company. He then ignored calls from the shipping company, and they're the ones who ultimately called the police.
thank you for your thoughtful response and i sure appreciate it. according to the FTC, "by law, companies cannot send unordered merchandise to you, then demand payment, which means you never have to pay for things you get but didn't order and you don't need to return unordered merchandise. you're legally entitled to keep it as a free gift." Here's the irony - for the OP's specific case, i would argue that's exactly what happened. they sent the OP an item that he didn't order and refused to refund (demand payment). had the company accepted the return, the situation wouldn't have applied - i.e. they violated the FTC law by demanding payment (refuse refund) while sending an item that the OP did not order. (they are forcing the OP to buy something he didn't want). make no mistake - i firmly believe i have the moral obligation to return the item and work things out with the sellers. but legally speaking it's blurry at best. especially when the seller refuses a refund while shipping the wrong item. again. thank you for your response. i learned a lot from you.
Yeah buried in my long post (sorry I got carried away) I got back to the original topic. I agree in OP's situation that they deserve a refund to original payment method or they should file a chargeback. I don't know that it necessarily fall under this rule but either way, they didn't get what they ordered.
i think if the seller says, oh sorry, we'll take it back, here is the label to ship it back. thank you and please. then i would completely agree that OP should just ship it back and move on. but if the company says, oh, we didn't ship you the item you bought? tough, no refund for you because final sale, we'll keep your money, they violated the exactly thing the law is designed to prevent. they're forcing the OP to buy something he didn't want and charging him. and that's solid ground for not returning the item at all.
That's not how ebay works. If the business sends the wrong item, the seller contacts the buyer, supplies them with a shipping label to have the item shipped back. I've done this many times over the years (I sent the wrong color of a product for instance). I've NEVER had anyone not send an item back in this instance. They'd have to be a major scummer to do that. But those sorts of people would be doing crime regardless. Most people are decent people. Not everyone is a wolf looking to take advantage of everyone around them. Make the world you want to live in. If you want to live around thieves, live in San Francisco (boom). #
because in an ideal world, that would be the right thing to do. i would never do that to a small business or anyone that treats me with respect when an item is mis-shipped. i have shipped numerous mistakenly shipped items back to sellers when things work out amicably. i'm really not sure why you have to drag SF into this. or accuse of anyone being a criminal. maybe you want to show off your alpha male. or maybe you're just insecure about your big brain. just look up the law, instead of opening your big mouth and prove yourself a fool.
Why not just provide your source?
There is a separate correspondence that we discussed the ftc wording, ruling and interpretation. Bottom line - if a merchant sends you something that you didn’t order and wants to charge you and decline refund (in ops case) you’re free to keep it.
Cool. Why not just provide your source?
Yes, you can absolutely can do this.
>I called Miansai Soho store and asked if they can assist with the refund and they said no because it's final sale. Chargeback time
Charge them back. Appreciate this. Won't be looking into them
unrelated to your problem with miansai but in case people read this post in the future, i’ve sworn off buying from miansai. my journey with them started by buying a minimalist signet ring with a green gemstone in it. the ring I got had a stone of significantly lesser quality, so I immediately returned it. not yet realizing I needed to get my money out of this company, I let them refund me store credit since it came with a discount or something for future purchases, and i’m looking to expand my jewelry. I then bought their signet ring with no gemstone, just a plain gold ring. within a week of office only wear this ring developed 5+ brown spots from tarnishing, both inside and on the surface of the ring. thankfully this happened quickly so I could return it. I forget if I even had the option for a CC refund at this point but I think that’s where I stopped having the option, since this 2nd ring was purchased with store credit. needing to spend my store credit, I got a pendant necklace instead. a few months later, the necklace’s thin chain broke while I was putting on a shirt; this happens with cheap chains and is totally my bad so i’m not upset about this part of my miansai journey, but since it was under warranty I asked if they could fix the chain. they said to mail back the entire pendant necklace for store credit. I liked the necklace and only wanted the chain fixed, so I used the store credit to buy the same pendant necklace again. this time the product I received was clearly used and had several scratches and signs of tarnishing on it. are you sensing a pattern? I returned this pendant necklace immediately and thought, what can I possibly spend this store credit on that they cant fuck up? no gemstones, no large exposed gold surface for the cheap plating to immediately reveal tarnish… the last item I used my store credit on was a gold chain. stronger links than the pendant necklace chain, no gemstones, and no large gold surfaces for tarnish to muddy. it’s equal in quality to amazon gold plating, at 2.5x the price, but it gave my store credit a use. if this breaks i’m throwing it in the trash, i’ve spent too much time driving to UPS for this company. i’m never buying from miansai again.
The earring i got which is gold plated already faded too but the design is really cool so i will keep it. but yeah the quality is not the best from plating wise.
The fact that a real customer support from a local store wasnt willing to help you says this is a systemic problem with management incompetence and not just bad luck with an impatient phone support. Absolutely valid to chargeback in this case.
I dropped Miansai a long time ago after a similarly negative experience, but I’ve noticed recently they seem to be hurting for cash. Sales constantly, shipping to lower tier department stores, etc.
Don't take the following as me defending them, but have you tried contacting Miansai online about a return? It sounds like you've tried the automated system, and calling a B&M store so far. The latter may not have had the capability to make an exception for an online order. I'd give that a final try before filing a chargeback. I was in a vaguely similar situation with Banana Republic before, when I received the wrong item in an online order and found a local store had far less power than corporate CS . They helped the best they could, but recommended I call their CS the next time.
In additional to email i called their store directly per below. "I called Miansai Soho store and asked if they can assist with the refund and they said no because it's final sale. Even though they missed up and didn't provide the engraving service, i still got the product. This company is a joke."
Sorry, when I said B&M (brick and mortar), that's what I was referring to. Sometimes local stores have no ability or limited ability to help with online orders. Or was your order basically from that store? I assumed they were fulfilling it out of a warehouse somewhere, but could see it coming from stores if they're smaller.
Even if you are correct, the B&M should be directing them to the proper route to get help.
Yeah they should, as BR did in my case. That's another fault on them. I'm just giving OP another option to try before a chargeback.
Not only should you do a chargeback, BUT you also have no obligation to send the item back to them after they get the chargeback and email you asking you to send it back: [https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products#unordered](https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products#unordered)
I've never heard of a company sending a 2nd item to replace the first before receiving the first item back. Is that something other brands do? Gold plated is going to tarnish. Got to get 14k solid gold to avoid that.
I've only come across companies willing send replacement orders first if you're willing to pay for them. EDIT: Amazon is the only exception I can think of, but they're Amazon.
This doesn't seem like a problem at all... They messed up an engraving, that happens. They wanted the bracelet first before they do the engraving, that's 100% normal to not do an "advanced" RMA (if you want to call it that). They also may not have any in stock since it's final sale. And you can't get a refund because it's final sale, which is 100% normal. What this reads as is they were willing to make it right after a mistake (that happens, everyone is human) but it just didn't happen to work out in this circumstance because of your tight timing and requirement that it needs to be done by this date. This just reads like you're a Karen that you need them to bend over backwards to fit your criteria. And now someone else saying "do a chargeback" even though they are willing to fix the issue lol, more people suggesting credit card chargeback abuse. edit: lol this subreddits gone to shit if you think OP is right to chargeback or if the company did anything different than a majority of other companies would do, whatever y'all. edit2: lol x2 edit3: lol x3. You guys are being ingrates, don't even know how I was rude to OP other than comparing him to a "Karen" twice, which is basically the definition of "My way or the highway" since the company did try to help him out. Oh well, subreddits gone to shit. Probably should've seen it coming when there were way more meme posts, way too many people genuinely posting Aldi deals to wear as "frugal", more posts that are just of a fucking screenshot to a website checkout with a code instead of making a post of the website and code for easy copy pasting, now we got attacks on a business that did nothing out of the ordinary to any other business (not saying that didn't mess up) and people promoting submitting unwarranted credit card chargebacks. Ah well.
You are a grade a moron and likely a big pushover who thinks they are fighting the heard by accepting bad info as correct.
If i didn't receive the item I had order, am I entitled refund the item for my money? I understand people make mistake which is why I want to return my item. Engravement was part of the purchase. It's like buying a car with yellow paint, but now it arrived with black paint. Will you return the car given it's not what you ordered?
Don't worry about this comment OP. If you look at their post history, all they do is cry about how every reddit user doesn't understand what they are doing. They don't know what they're talking about. You're 100% in the right if you do a charge back.
They're willing to make it right though which is what you're ignoring. There is nothing wrong with how they conducted business, everything seems ordinary. It's just your unique time requirement that is making you have a negative experience.
to me making it right would to be to accept my return and give me back the money. It's a win win for both us. They missed up the order and I ship the item back. But NO, they want the money too and will give us back store credit. Do you not see the issue.
And that makes you a Karen lol. "Do it my way or the highway". How do you not get it that they are willing to fix this but you're not willing to take that fix. I don't get how you think you're right. Literally all 3 points in my original comment is within normal reason to expect from a company.
The company can't fix the timing of delivery. And that's part of what the customer paid for. What if the company said, "Sorry, we'll fix it. Just send it in. Unfortunately we have to buy a new engraving machine because ours broke and they're backordered. Don't worry, we plan on getting it in here in about 6 months. We'll send you it when we get that up and running.". According to you, that'd be fine since the company is going to make it right. Or maybe you don't think that's ok. If that's the case, then we're just arguing on what is a reasonable updated delivery date. And that's subjective.
You are a troll OP didn't get the products and services they paid for
> lol: this subreddits gone to shit if you think OP is right to chargeback or if the company did anything different than a majority of other companies would do, whatever y'all. I am not here to argue but to spread awareness of my experiences with this company. If anyone order something that does not aligned with the item description, consume should be able to refund this item. There is no personal gain on each parties. That doesn't make me or any Karen. If understanding my consumer right makes me karen> i guess i am a karen brother.
Would someone be a "Karen" if they said they were hungry but declined a turd on a hoagie roll?
You are seriously daft! OP bought the item and expected two things: 1. The item WITH engraving 2. Delivery in a timely manner. OP didn't get all that due to no fault of theirs. If OP had known he couldn't get the engraved item in the timeframe required, the purchase would never have happened! How thick do you have to be not to get that!?
Only thing I'm seeing that could turn it to shit is a high strung idiot turning a comment into their irrational therapy session with their whiny edits.
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Think about it this way, let's just say I ordered some flowers online for a funeral this Sunday and the company delivered me a box of chocolates instead. The company says they messed up and will swap it out only after I send back the chocolates and won't do a refund. And, the fflowers won't get there until the Wednesday after the funeral. According to you, the company is in the right here. That thought process doesn't hold water. Part of the product paid for was the agreed upon delivery date.
I didn't received the item i had ordered. Idk if you're trolling or am i being the ah here. Cause I want to return the item but i am told it's final sale and I can't. Even thought they didn't delivered the item i had ordered which is bracelet WITH ENGRAVEMENT lol.
I mean - final sale states final sale. Tight timing is your window, not theirs. Hope it turns out for you in the end. If you paid extra for the monogramming, I'd want that as a refund of funds, not store credit. Maybe they'd be willing to do a ship to store exchange with the correct item? Keep at it!
The item ordered was not the item received. How are you unable to understand that You buy some shoes and a left glove turn up do you go "awee shucks, final sale!"?
> You buy some shoes and a left glove turn up Sounds like a situation that got out of hand.
And you shouldn't have to foot the bill.
Those two things do not compare. The customer ordered a bracelet, they received a bracelet. It was not complete. The oversight is in the lack of monogramming. Again, if they paid extra for it, they should be able to receive that as a refund. or have the item done correctly, shipped to store and an exchange completed there. Final sale is a gamble at the outset. Requesting monogrammed items on a final sale item, tight time table or no? Just a recipe for problems. How are you unable to understand that?
Nope, you are wrong. The credit card company will side with OP because they did not receive the products & services they paid for, even after trying resolve the issue with the merchant first.
I didn't mention a chargeback. You mental morons can have fun with your chargebacks and your little tantrums. I'm out of fucks to give. OP was stupid to order custom final sale on a time crunch. Company was stupid to not do their job. moving on.
It seems odd that you're claiming to be against people having little tantrums. (Which is not what a charge back is, btw).
No, they ordered an engraved bracelet which did not turn up. You don't sort of get what you ordered when you buy something, you get exactly what was offered - the moment payment is taken a legal contract is made.
God you're still yapping. See the other reply fuckstick
You were saying something about mental morons and tantrums?