Best Buy Sells You A Box Of Bathroom Tiles Instead Of Hard Drive, Won't Issue Refund
Sam says that he went to BestBuy.com and bought a hard drive for in-store pick up. What he got was a box of bathroom tiles. Now Best Buy is saying he'd better take it up with manufacturer and that they're not going to issue a refund and that Sam should just take his loss. We don't think he should. We think it's not legal to sell someone a box full of bathroom tiles instead of a hard drive.
Here's Sam's letter:
Hey Guys,Sam, we think you did the exact right thing by stopping payment. Best Buy is in the wrong. It's not legal for a store, no matter how huge and multinational, to go around selling boxes of bathroom tile as hard drives. Yes, Best Buy was hit with a scam, but that doesn't mean they should get to pass the loss along to you.I got on my computer and bought a Western Digital 1TB hard drive from BestBuy.com and arranged for a store pickup so I could speed up my normal Saturday errands. I got the confirmation sheet and headed to my local Best Buy to pick it up. Well it took them a good 15 minutes to get my stuff out (quick pick up my ass) and I got a 10 buck discount for my time.
So I got home, opened the box and found not a 1TB internal hard drive but 6 pieces of bathroom ceramic tile wrapped in last months New York Post. I got into my car, raced back to Best Buy and voiced my complaint. The employee and assistant manager were more than willing to help, saying that it happens. So they set up the return and I repurchased the drive and while I was checking the contents to ensure it was a hard drive this time, the store manager came up, took the box from me and said to take it up with the manufacturer.
Now to my surprise, I argued with the guy saying that they have already accepted the return and I have now purchased the new one. He said I was shit out of luck. I followed up with the manufacturer today and they said they would get the complaint to the Best Buy Purchasing department. Best Buy corporate said that they stand by their manager's decision.
I've told American Express to stop payment and went to the local consumer affairs department and will be going to the better business bureau. I don't know if I'll be held responsible for payment yet or not or if that Best Buy will get investigated or what. I'm going to go back there tomorrow to argue with the guy some more and get his boss's number. I hope to get the local news media involved seeing how it's getting close to the holiday shopping season and they love to get horror stories like this out on the air.
Western Digital informed me that the drive was manufactured in Malaysia on 9/4/07 and the newspaper that was in the box was from 9/16/07. The Best Buy is in Yonkers, NY. I might end up $300 bucks down the hole. Do you guys have any tips on how to better deal with the situation?
A chargeback is appropriate. We'd also recommend filing a complaint with Andrew Cuomo, the AG of NY. Filing a false complaint with the AG's office is actually illegal (Class A Misdemeanor), so maybe they'll "take it seriously."
You could also try filing a police report. This will be useful down the line (if you need to go to small claims court) because it provides additional official documentation of your claim, and hey, they might even help you.
The moral of Sam's story is this: If Best Buy sells you an empty hard drive box, they're going to think you're a liar if you do this honest thing and bring it back to complain. (Rather than trying to return it without telling them there was bathroom tile in the box and risk getting busted for someone else's scam.) Check your boxes before you leave the store.
UPDATE: Sam writes:
Hey Meg,
Thanks for posting the story. I'm amazed at the response it has gotten so far. I will definitely take up the advice offered.
Here is a quick update:
Western Digital said it was Best Buy's issue (surprise surprise).
I've been told to contact Lewis the store General Manager who is the only person to overturn the other store manager's decision. I was told to find him at the store this past Saturday. I was assured by Ed, the assistant manager on Friday evening that he would be there all day on Saturday. I get up at 10 and drive all the way back to Best Buy to speak with him and first I was told he was doing orientation for the new Best Buy employees. Then the acting store manager Joe told me that it was his day off and he would be back there Wednesday. I have a feeling the other employees have been warned about me and my case. I'll start getting a police report together and start prepping something for Mr. Cuomo to look at.
Thanks Again,
-Sam
UPDATE: Amex Slaps Best Buy, Obtains Refund For Reader's Box Of Tile Hard Drive
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Comments:
It's sad that things have come to this, what with the efforts that companies go through to put products in packages that cannot be opened without power tools. It would seem likely that the thieves aren't so much the people walking into the store and boosting product off shelves, but the people working in the DCs and warehouses. Of course we kinda figured this all along, and it was only a matter of time before the problem grew big enough to warrant attention.
I hate being forced to think that everyone is a thief and act like everyone thinks I'm a thief. It's a bullshit way to live.
So they set up the return and I repurchased the drive and while I was checking the contents to ensure it was a hard drive this time, the store manager came up, took the box from me and said to take it up with the manufacturer.
In addition to the above listed recommendations, I suggest you file a complaint with the police against the store manager. Assuming you'd already paid for it, it's your property. He's not allowed to "take it" from you. It sounds like what really happened is that after you purchased the new drive, the store manager came up and STOLE YOUR NEWLY PURCHASED DRIVE FROM YOU.
The fact that he may have given you some money shortly thereafter doesn't negate the fact that he robbed you.
I am going to go out on a limb here and figure that it is unlikely some thief in Malaysia stuffed the box with pages from the New York Post, especially one from a future date.
Checking boxes before leaving the store is essential, and not buying from Best Buy is also important.
Good mention of the holiday season, this is a perfect time to remind buyers to be cautious because undoubtedly this type of theft is going to increase when the hectic shopping starts. Definitely get the local media involved, reach some local community networks, and let the management of that Best Buy know it is being done.
People should be warned, there are possible other victims who won't be as resistant to Best Buy's attempt to make them eat the cost, and companies need to know that their advertising isn't just what they place in the papers, but how they treat their customers.
To the original poster:
I got the impression you bought the second drive from Best Buy. Return that as well. There's no reason they should have your business. As an added bonus, you can inevitably find things cheaper than at Best Buy online.
Summary for everyone else:
When a store screws you, ensure they never see your dollar again. Don't keep shopping there!
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Best Buy Sucks
With the story saying "So they set up the return and I repurchased the drive..." it sounds like you already returned the old drive. If you had already paid for the new drive yea I would have called the police and filed a theft report against the store manager.
As far as checking the box before you leave the store goes who does that? Sure if the box apears tampered with but a lot of the time you have no way of being sure. Also hell if you are going to open the box are you going to check and make sure every cable is in it(not really an issue with a hd) and that the serial numbers match?
Lets look at the facts here; it's obvious that the tiles were not put in the box in Malaysia. And assuming the OP is an honest guy, then someone at Bestbuy did this. I highly doubt it was a return that was resold as Bestbuy would have to be insane to accept a return without checking the contents.
So; someone working for Bestbuy opened the box, stuffed the tiles in it, and put it back on the shelves.
To me that sounds the most plausible. Sad to say that I really don't trust any of them and ALWAYS check the contents of my purchases before leaving.
This is getting ridiculous. It's one thing to ask consumers to be responsible for what happens to a purchase under warranty once it's at home, but it's ridiculous to ask them to be responsible for what happens in a store prior to purchase. This issue had better come to a head soon.
I know people pull all kinds of return scams. Saw plenty in my Sprawl-Mart days. But this is clearly a new kind of shrink issue, and they're going to have to face fixing it from within or losing customers and/or money on the other side. No one's going to trust a sealed electronics purchase now.
My brother used to work at Best Buy in high school. You would be absolutely amazed at how often people try to scam big retailers. Every single day someone would swap a sticker and then try to buy a 42" TV for $50. The biggest day for video camera returns is the day after high school graduations. So many people buy a video camera, videotape their kids, and then return the camera claiming it was "broken". I was always amazed at how brazen people think that Best Buy was basically a library.
I know people pull all kinds of return scams. Saw plenty in my Sprawl-Mart days. But this is clearly a new kind of shrink issue, and they're going to have to face fixing it from within or losing customers and/or money on the other side. No one's going to trust a sealed electronics purchase now.
One of my principal love/hate relationships with Fry's electronics is the return queue. In order to use Fry's generous return policy (30 days on just about everything but food), you must submit to the reverse cavity check when you return an item. They open the returned box, check the contents against the SKU, and will even plug it in to determine functionality for certain items.
When an item is returned, a Fry's manager must sign off on the process, and if the item is resaleable, that manager initials a sticker that seals the box. They've even started re-shrinkwrapping boxes that are returned.
At Fry's they are no-nonsense about employee shrinkage. Everything that could conceivably be stolen in a "warehouse" is actually delivered to the store's 'cage' - which is located out in the open behind the registers. One person works in the cage, and RAM, OEM hard drives, CPUs and other small, high value items are only given to the cashier after the customer presents an itemized sales floor 'estimate'.
The system seems to work well. Even in these times of NewEgg, Frys still does a respectable and price-competitive business in these high value commodity items without requiring the ass-tastic tactics of BestBuy.
If someone came up to me and tried to take something off of me that I had already paid for, I would pepper spray them and call the cops.
The problem with this story is NOT that the box had tiles in it (the lower level BB employees rightly gave an exchange, which if that was the end of it the story would be no big deal), the problem is that the store manger STOLE the dude's new hard drive after he paid for it!!! At this point you are not in the wrong to resist by force.
@CaliforniaCajun:
Here is an interesting story about Fry's. I bought a Pioneer DVD-R there in April- I didn't try and burn a DVD until August when I realized that what I had actually got in the box was a Lite-ON CD-R with Pioneer stickers. Naturally I ran back to Fry's to demand a swap- of course being 4 months later, no box, no receipt I was met with a lot of resistance. The customer service department head said this "couldn't have happened" - so I suggested that she was saying that I was lying to her - she also said that wasn't the case. :)
I asked to talk to the store manager- who was on a conference call. Fast forward about 45 minutes and a very polite man asked me what the story was - said it was tough to believe but agreed that I'm obviously not trying to get the best of Fry's. He promptly refunded my whole purchase price and I bought a new DVD-R that day and have continued to do business with Fry's. (I generally spend a couple $K there a year)
This took place at Fry's in Sunnyvale, CA. I'm glad it turned out with a favorable outcome so I can continue to happily shop at and recommend Fry's.
@JeffM: That's a great story - while Fry's checks every box that gets returned, some of their employees are less than detail-oriented.
Good to hear they have come a long way since the "you must have a Ca. Drivers License to write a check drawn on an out of state bank".
@CaliforniaCajun:
Fry's actually sends management out from HQ to the stores & padlocks the dumpsters every once in a while. Then the dumpster is shipped back to the San Jose HQ & they search through it to see if anyone in the store is "throwing out" something valuable so they can retrieve it later that night.
That was in a Forbes article on Fry's a few years ago.
Right, if it had been me, the moment the manager removed the drive from my possession and refused to return it, the cell phone would be out and I'd have a couple cops on the way over. Then I'd be calling one (or more, but I particularly like the one station) of the local news outlets to make it a real party. Unfortunate that Sam didn't do any of that at the time. But hopefully he will send updates of whatever legal remedies he pursues.
I never understood the purpose of ordering online and then picking up in-store. From what I've seen, it doesn't really save you time, and there's no discount on the purchase. So what's the incentive?
Anyways, that brings up a related point. Smart shoppers inspect the product before buying. If you look at a shelf full of hard drives and you notice that one looked and felt a little different than the rest, you would be a little suspicious right? A smart shopper would guess that it was either opened in store, or tampered with, or it was a returned item.
Quit being lazy, people. Go to the store, inspect the product, and then buy. Don't let some Best Buy drone pick the product off the shelf for you. You could be receiving a box of tiles.
Pretty simple to know what happened.. I used to manage a futureshop and things like this would happen.. Someone purchases a product has access to a shrink wrap machine at work, loads the box full of junk, re-wraps it and returns it for a full refund. The CSR is none the wiser as it appears to be "Factory Fresh"
We busted an Asian gang that was doing just this to various retailers throughout South Western Ontario.
you my friend have been taken advantage of by BB, contact the BBB and resort to a ECB if need be...
Simpoleca
@LatherRinseRepeat: Often times you are not allowed to inspect the product. For example, if you buy an ipod at BB, they walk it over to the register.
What's your point? What you said does not relate to this at all. This guy bought what was supposedly a hard drive, and his hard drive box contained tiles. He was defrauded and is seeking compensation. I don't see how that is in any way similar to people swapping stickers or trying to scam the return policy.
@Benstein: "The problem with this story is NOT that the box had tiles in it (the lower level BB employees rightly gave an exchange, which if that was the end of it the story would be no big deal), the problem is that the store manger STOLE the dude's new hard drive after he paid for it!!! At this point you are not in the wrong to resist by force." Quoted for Truth
@dlab: He's pointing out the other side to the story, i.e. what Best Buy must think (Before the manager went and stole his harddrive)
We had a shrink wrap machine at the computer store I used to work at. It consists of a hot wire to create the seams and a blow dryer to do the shrinking. Certainly not high tech.
I understand there are scammers out there that buy legit items and claim there were rocks in the box but unless Best Buy is inspecting every return (even shrink wrapped ones) then they are part of the problem, not the solution.
Someone needs to get over to that Best Buy and do a little detective work. Find out if the tiles match the ones in the Best Buy employee bathroom and take some pictures! This story is so YouTubeable!
Best Buy is the scum of earth - they pull this crap all of the time. I agree with the previous posters who can't believe people still shop there.
This story disturbs me because it turns the idea of escalation on its head. How many times does Consumerist and its readers/commenters (including me) advise escalating a problem to the manager? This seems to be the rare case where the clerk and the assistant manager got it right, and then the manager screwed it up.
@noasalira: No, maybe some thief in Malaysia didn't... but some thief in a warehouse in New York certainly could have.
I emailed consumerist more than a month ago about best buy selling me a g1s laptop that was obviously mis-described blatently on their website and trying to charge me restocking for returning.
more than a month later, Ive spoken to executive customer support maybe 10 times, Told them that all i want is the website changed so that it doesnt happen to anyone else..... OF COURSE, 1 month later, IT STILL SAYS THE g1s HAS A 15.4" OLED SCREEN, ANy geeks out there want to go and buy a laptop with a screen from the future?
I do not know one person that has ever had anything good to say about best buy, ive heard more horror stories about best buy than ive heard insults to George bush.
My problem with all of this? This isn't the first time this sort of thing has happened at Best Buy stores... just as they've historically had issues with credit card fraud/abuse - identity theft there.
You always get the runaround locally... sometime regional/national management is better.
It's enough to make me want to never use the store.
One time I bought a Nintendo DS screen protector from bestbuy and when I got home the box was completely empty. I didn't bother wasting my time disputing a $5 item but I sure learned my lesson. After that day, I always try to open the box and check the inventory while I'm still IN the store or better yet while I'm at the counter before I leave. This kind of thing happens all the time and it really really hurts if you get stuck holding the bag especially for a $300 item!
@zedrak: Unless, of course, you pay with a credit card. For all the "why don't people use cash" people...
THIS is why.



















You will be fine. American Express will give you your money back especially since the manager stole your harddrive after you purchased it.
The successful return of the box of crap is 100% irrelevant to the new transaction for the new drive.
If I were you I would contact the local police department for theft.
You returned the box of crap and bought a new drive. You should have called the police for theft. Since this was a new transaction and the manager then stole your harddrive, they would have made him give it to you or he would have been arrested.