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Kmart Sold Me a Damaged Television
Posted Tue September 23, 2008 12:00 pm, by Kelvin G. written to Kmart
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This letter is featured on ShopperCast
I am writing you about a 42 inch Zenith plasma tv that you advertised on sale about six weeks ago for 699.00. I went in to your store at 120 E. Sunset Dr. Waukesha, Wi. and put it on layaway. On the day I went to take it off layaway-pay it off, the layaway person told me that someone had removed the tv from the layaway room, so she contacted the person from electronics to have them see if they could locate it. That person subsequently told the layaway person that they found it and would bring it to the front of the store for me. When they brought it up, I noticed the box had been opened and asked that person why it had been open and they told me that someone had put it on display and that it had only been out for one day. I explained to the layaway person who was also the manager that I didn't feel like this was the way it was supposed to be because I had paid the price for a new tv and since this tv had been removed from the box and put on display that it was no longer a new item. She agreed and told me the best she could do was take 10% off the sale price. I agreed to accept that offer. The guy from electronics assured me that there was nothing wrong with the tv.
I brought it home. I picked it up on 1/02/08. I didn't take it out of the box until 1/06/08. Upon removing it from the box, I noticed the bottom left corner was cracked and there was a scratch on the screen at the top right corner. I was totally in awe about the situation so this is why I am writing you. She stressed to me when I picked the tv up that if I wasn't satisfied I could get my money back. I was conscerned about accepting that because I really wanted the tv and after waiting six weeks for it, this would have been really dissapointing because the sale ad stated that there was only a limited supply on hand at each store and I already had to call around to find a store that had some left and as it stood when I found this tv, it was the last one this store had. I live in Milwaukee county and to have to drive all the way to Waukesha county was a pretty long drive but every two weeks I drove there to make a payment until I was ready to pick it up. This is my delema and I am wondering where I should go from here. I had even purchased a two year extended wauranty on this tv. Please help me to resolve this situation.
Sincerely yours,
Kelvin G.
I would like kmart to compensate me for the damaged goods and the humiliation.
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by Donno Posted Tue September 23, 2008 @ 11:57 PM
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Is this like converting Fahrenheit to Kelvin? Is there a conversion factor for converting the time since 1/6/08 to a reasonable time frame, such as a week, since this happened? And for some reason, no conversion factor is required for the time since it was put on layaway, only six weeks ago.
This letter would earn a low grade from my chemistry and physics teachers, who taught units and conversions.
I am also wondering how humiliation fits in here - I see one way but I don't think it is what was intended.
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by cissy Posted Tue September 23, 2008 @ 5:44 PM
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The fact that it was used(for a short time) would compel me to open it up for inspection at the store. Then decide on accepting the discount or not. You would have been better off banking your money (and transportation money)until you could actually afford the item. This type of offer will come around again. Kelvin, you are outta gas.
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I totally agree that they shouldn't have taken your TV out of the box and put it on display. You're absolutely right: you paid for a NEW TV and one that has been on display is not new.
But like everyone else, I'm wondering why you waited until now to address the problem with K-mart. I think your issue is valid, but now, six months later, it may be too late to resolve it.
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The dates are all goofy. You put it on layaway six weeks ago (August 2008?), but you picked it up in January after paying it off, which means you put it on layaway back in November of December 2007 (I presume).
"I agreed to accept that offer."
I think that was your big mistake.
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dates
by SuzieCat Tue September 23, 2008 @ 2:14 PM
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Oh, right!
by ♫Venice♫ Tue September 23, 2008 @ 7:08 PM
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O.ooooo
by SuzieCat Thu September 25, 2008 @ 4:07 PM
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You should have inspected the TV yourself at the store before taking it home. If the store delivers the item then they are responsible, but if the customers takes the TV home with them then they are responsible for all of the damage, cause the store cannot be certain if the damage happened at the store or after it was taken home. You will probably have to go through the man for this. This same exact scenario happened with Best Buy.
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Sorry but the only humiliation you suffer from is your own in not opening the box and inspecting the item once you got it home.
Also you could have even done this in the store BEFORE it was loaded into your vehicle.
I am sure the employee did tell you that you could bring it back - but read the return policy on your receipt - it tells you K-Marts policy on all returns.
And I am not sure about the extended warrenty but doesn't that only cover the actual working components of the set and not the cracked screen?
I would read this warrenty to see if this is a covered claim and if so then call the toll free number listed on the paperwork/receipt you received with the set.
Otherwise you are out of steam as far as K-mart taking it back.
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by ♫Venice♫ Posted Tue September 23, 2008 @ 6:22 AM
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You've had the television since January. If you weren't happy with it, you should have requested a refund back then, even if it meant having to buy something else. You got a ten percent discount. If you wanted more, you should have negotiated that at the time. I really don't know what you want them to do now. As far as Kmart is concerned, you accepted the television 'as is' in exchange for a discount. Just curious though.. why did you wait so long to write this letter?
For the record, I think it was wrong of them to put your television on display while you were making payments. I don't understand why they did that considering the store had no more sets in stock, and they weren't getting anymore in.
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too late now in my opinion
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