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Kmart / Searsmisrepresented product

1
T

I bought two TV's in 2007 from Kmart in Defiance, Ohio. Both boxes were labeled with the words "digital tuner". When I bought them, I specifically looked for TV's with digital tuners. It turns out that neither TV has a digital tuner.
One is an RCA, model # 24V511T.
One is a Sylvania, model # 6424 TFS.
I emailed [protected]@customerservice.kmart.com.
The more run-around I get, the more it becomes a question of honesty and integrity. Would you, your friends, or family do business with a company that blatantly misrepresents it's products knowing that it can probably get away with it for a couple years? (I only became aware of the problem after TV went digital).

The email exchange follows:

I bought two TV's in 2007 from Kmart in Defiance, Ohio. Both boxes were
> >labeled with the words "digital tuner". When I bought them, I
> >specifically looked for TV's with digital tuners. It turns out that
> >neither TV has a digital tuner. Can you tell me what my recourse is?
> >One is an RCA, model # 24V511T.
> >One is a Sylvania, model # 6424 TFS.
> >Kmart in Defiance is out of business. I still have the receipt for one
> >of the TV's, haven't been able to track down the other one yet.
> >
> >Thanks for your help.

Date: Tue, 16 Jun 2009 09:32:04 -0500
> >From: [protected]@customerservice.kmart.com
> >To:
> >Subject: Re: Misrepresentation (KMM4483865I15977L0KM)
> >
> >Dear Tom,
> >
> >Thank you for your recent correspondence. We are always interested in
> >hearing from our customers, and regret it was this type of situation
> >that prompted you to contact us. We apologize for the inconvenience you
>
> >have experienced and understand your frustration with the televisions.
>
> >
> >By sharing your concerns, you have enabled us to address the issues and
>
> >provide feedback to the appropriate person. Truly, your remarks
> provide
> >forthright feedback that will enable Sears to achieve excellence in
> >everything we do.
> >
> >Once again, we apologize for your experience with the televisions. We
> >appreciate your business, and value you as a customer. We certainly
> hope
> >you will continue to make Sears Holdings Corporation your choice for
> >quality and value.
> >
> >
> >Sincerely,
> >Brooke G.
> >Retail Customer Care
> >Sears Holdings Corporation

Hello Brooke G.,
> This didn't really answer my question. Is this a "sorry you believed
> us, you're out of luck". Or is this a "the right people have been
> notified and we'll get back to you (soon, I promise)"? Your response
> really didn't answer any questions. Could you pick A, B, or C?
> My first email was CC'd to [protected]@fcc.gov and form #2000 has been filed
> with esupport.fcc.gov.
> Thanks for your time. (And could you answer my question?)
> Tom


> Date: Tue, 16 Jun 2009 18:25:51 -0500
> From: [protected]@customerservice.kmart.com
> To:
> Subject: RE: Misrepresentation (KMM4490380I15977L0KM)
>
>
> Dear Tom S,
>
> Thank you for contacting Sears Holdings Corporation regarding our return
> policy.
>
> K-Mart's Return Policy is printed on the back of all receipts and is as
> follows:
>
> WITHIN 90 DAYS
> "A receipt dated within 90 days is required for all returns and
> exchanges. It may be necessary to ask for identification for any return
> transaction. Returns without a receipt will not be accepted. All
> returns and exchanges must be in the original packaging and contain all
> the original accessories. Some items, including music, movies, computer
> software, video games, and sports/toy collectibles cannot be returned if
> they have been opened. Also, air conditioners and gas powered equipment
> must be returned (with the original sales receipt) within 30 days of
> purchase.
>
> Returns and exchanges are not allowed on any prescription drug.
>
> Refunds will be issued in the original method of payment with the
> exception of purchases made by check refunds will be given on a Kmart
> Cash Card if the check purchase was within the past 10 days.
>
> Price adjustments will be given on prior Kmart Purchases within 7 days
> of purchase. You must bring in your original sales receipt to receive
> the adjustment. Price adjustments will not be given on holiday
> merchandise or merchandise that is on clearance."
>
> AFTER 90 DAYS
> We will offer a repair service by the manufacturer. We suggest you call
> [protected] for automated information on the manufacturer's repair
> and warranty policies."
>
> REFUNDS WILL NOT BE GIVEN WITHOUT A RECEIPT*
>
> *We reserve the right to limit or refuse to accept the return of certain
> products.
>
> We appreciate your business, and value you as a customer. We certainly
> hope you will continue to make Sears Holdings Corporation your choice
> for quality and value.
>
>
> Sincerely,
>
> Jacob G.
> Retail Customer Care
> Sears Holdings Corporation

Jacob G.,
There is no disputing the fact that an act of fraud was committed here. The products I was sold were purposely misrepresented. Your response is to send me a copy of your return policy. What is integrity worth to you and your company? It's clear to me that the problems of fraud and misrepresentation are being ignored at this level. I ask politely that you forward this entire email to your supervisor and request a response.
Tom S.

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