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Adorama Camera / problem

United States

Adorama Camera sold me a binocular with both internal prisms cracked, problem that the shop refuses to admit, affirming by email and by phone that they do not sell damaged products, or that the fault is not theirs.

I refused the product, and returned it to UPS, in order to have my duties' money back, what UPS actually refunded. Adorama refused to repatriate the product, in reason of the costs implied, and pleading that I should have returned it under "Warranty repair and exchange or Vendor repair", what I did not do, because Brazilian laws do not allow such kind of shipment from here, as I was informed by UPS, besides the fact that it will imply for me more duties. The point is: I refused the product not because I did not want it, but because there was a problem whose fault is not mine, but Adorama's, and I initiated a damage claim because it was the only legal way I had to ship the product back to Adorama.

The shop insists in the blind reading of their website's text, which says "In the event a shipment is refused and returned, any taxes, duties, custom fees, brokerage fees or shipping charges incurred from this return, will be the responsibility of the customer", but if it would aply to a cracked product also, it means that any Adorama's fault will cost to the consumer at least the loss of his duties' money. Since I cannot legally ship to them the product in the way they requested, in fact they force me to choice between two options, both implying losses: or only my duties refund, or remain with a cracked binocular.

In other words, instead of investigate and put the blame on the responsible for the crack, to whom these costs must be ascribed, Adorama insists in this grievance against consumer's rights, understanding that what I did was a frivolous refuse, without taking its own charge. After a lot of emails, and two long and ineffective phone calls, it makes three months that I do not have neither the product, nor my money back (US$ 770.80), the only thing I want.

Ol

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