OK, so who's wrong?

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  • Who's responsible?


    • Total voters
      0

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
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    Rating - 100%
    35   0   0
    May 12, 2013
    31,687
    77
    Camby area
    Had an interesting day at Gamestop. I'd love an objective opinion to make sure I'm not barking up the wrong tree.

    After shopping, the family and I started to walk out. My 11yo diverted and went over and grabbed the big yellow square plush with the question mark to look at. I distinctly recall it being in this position on the way by when we first got there. Not sure why, but it caught my eye. Probaly my slight OCD and the fact it was not in the bin with the smaller plushes.

    Fugure A (Medium).JPG

    He looked at it, and put it back where he found it. Moments later we heard a crash. I walked over to the next aisle behind the plushes and found a ceramic mug on the floor. The plush pushed the mug off the shelf from behind.
    This is what the other side of the shelf looked like. That empty space in the boxed mugs was apparently where the mug had been sitting. (I didnt see this side before the crash)

    Figure B (Medium).JPG

    I walked the mug up to the cashier and told them what happened. She thanked me and put it aside and we went on our way. 5 minutes later she called my wife's cell (we are new rewards members and her cell is linked to the card) and told us we needed to come back and pay for it.

    I went back in and pointed out how their poor planning in the merchandising/layout caused the issue, and had my son been on the other side with the mugs I would GLADLY pay for the damages. But it is unreasonable to expect an item placed back on a shelf full of squishy items would reasonably cause harm on the OPPOSITE side of the shelf filled with breakable items. Nope. Bottom line, my kid was "unattended" and therefore regardless of their plan-o-gram choices it was his fault. (He was NOT unattended, and was still within my view, acting reasonably.) I asked if it would have made a difference had I broken it, but he ignored my question and repeated that my son was unattended and therefore responsible. I decided it was time to stop arguing at this level and escalate to corporate. I paid for the item and left. Now I'm considering writing to corporate to reverse the charge.

    So who's to blame? Us regardless of poor planning, or them because they chose to balance large items behind breaky things? The cost is totally not the issue. I've spent more cash on a single beer. Its the principle of poor merchandising layouts and who is responsible.

    I see it as similar to a spill they are aware of but choose not to clean up. If I slip on a spill they disregard because they dont think its a big deal, should I be responsible for whatever I knock over and break? Sure they didnt think about me slipping when they chose to not clean it up, but for me to pay for damage done due to their inaction is wrong.

    Frankly, I'm torn. So what says INGO?

    PS these were taken on my way out the second time to show the corporate office.
     
    Last edited:

    BiscuitNaBasket

    Grandmaster
    Rating - 98.6%
    73   1   0
    Dec 27, 2011
    15,855
    113
    Greenwood
    Just out of curiosity, how much did the mug cost? I know Gamestop prices and it couldn't have been reasonable. If it were me I'd suck it up, pay it, and move along. That being said I also don't frequent the business and don't have a rewards program with them.
     

    Cameramonkey

    www.thechosen.tv
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    35   0   0
    May 12, 2013
    31,687
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    Camby area
    Just out of curiosity, how much did the mug cost? I know Gamestop prices and it couldn't have been reasonable. If it were me I'd suck it up, pay it, and move along. That being said I also don't frequent the business and don't have a rewards program with them.

    Like I said, cost isnt the issue. Its the refusal to look at the display when I pointed it out to them and say "Yeah, we probably shouldnt have chosen to display that heavy, unstable item on the divider directly behind the fragile stuff." Or say "Yep. Sucks. Its under $10, at least he didnt run and trip into the VR display that costs $1500. No worries. S*** happens. (and we'll make this back easily on your next purchase, and then some due to our insane markups)".

    I've already decided I'm done with this store. Probably because the selection is worse than the next closest store but they are convenient. This customer service issue just pushed us over the edge.
     

    Bigtanker

    Cuddles
    Emeritus
    Rating - 100%
    24   0   0
    Aug 21, 2012
    21,688
    151
    Osceola
    Who would have been legally responsible if the said broken mug had broken over a 4 year old's head?

    I say fight it. If they look at your rewards card and see how good of a customer you guys are, are they willing to loose you as a customer?
     

    1911ly

    Grandmaster
    Site Supporter
    Rating - 100%
    6   0   0
    Dec 11, 2011
    13,419
    83
    South Bend
    If you spend a lot in there I would ask to speak to a manager and ask them if the cost of the merchandise is work the loss of a customer. Some times it's the principle that matters, not so much the money.
     

    amboy49

    Master
    Rating - 83.3%
    5   1   0
    Feb 1, 2013
    2,293
    83
    central indiana
    My opinion is your son is responsible - and by extension, you are responsible for payment. Had your son not picked up the "plush" and then, apparently, placed it farther back on the shelf the mug wouldn't have pushed off.
     

    Cameramonkey

    www.thechosen.tv
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    35   0   0
    May 12, 2013
    31,687
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    Camby area
    Who would have been legally responsible if the said broken mug had broken over a 4 year old's head?

    I say fight it. If they look at your rewards card and see how good of a customer you guys are, are they willing to loose you as a customer?

    If you spend a lot in there I would ask to speak to a manager and ask them if the cost of the merchandise is work the loss of a customer. Some times it's the principle that matters, not so much the money.

    Yeah, "buying power" is a losing proposition at this stage. We arent a big spender, as we are just getting into the consoles. The rewards card is a whopping 4 days old. We've been buying the occasional Wii game there over the years, but not enough to warrant spending cash to sign up for a rewards card. The wife decided now that we have a 360 (her sister gave it to us because its an extra they had collecting dust) we could make up the cost on the games we will be buying.
     

    Trigger Time

    Air guitar master
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    I wouldn't have paid in the first place because whether you like it or not o think it's an admission of guilt. I don't think you are to blame an i would deffinately call corporate. Hopefully you dont have to deal with some punk
     

    Cameramonkey

    www.thechosen.tv
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    35   0   0
    May 12, 2013
    31,687
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    Camby area
    My opinion is your son is responsible - and by extension, you are responsible for payment. Had your son not picked up the "plush" and then, apparently, placed it farther back on the shelf the mug wouldn't have pushed off.

    BTW, how did they get your wife's cell phone number ?

    We used the rewards card on the way out so they were able to look us up.

    To counter your argument, are you responsible for an auto accident simply because you chose to drive on a given street that day, regardless of the fact that the other guy ran the red light? After all, if you didnt choose to drive on that road that day, you wouldnt have been in an accident.
     

    jd4320t

    Grandmaster
    Rating - 100%
    23   0   0
    Oct 20, 2009
    22,891
    83
    South Putnam County
    It was clearly an accident. Stores lose merchandise to accidents.

    It sounds like what's happening here is a manager who has had problems with kids being unsupervised and causing issues or breaking things has instructed employees to enforce this rule.

    If it's worth your time....upper management and corporate need to hear about it. If they don't offer your money back and an apology I wouldn't go back for anything.
     

    Trigger Time

    Air guitar master
    Rating - 98.6%
    204   3   0
    Aug 26, 2011
    40,112
    113
    SOUTH of Zombie city
    It was clearly an accident. Stores lose merchandise to accidents.

    It sounds like what's happening here is a manager who has had problems with kids being unsupervised and causing issues or breaking things has instructed employees to enforce this rule.

    If it's worth your time....upper management and corporate need to hear about it. If they don't offer your money back and an apology I wouldn't go back for anything.

    Can't rep you. Well said
     

    jkaetz

    Master
    Rating - 100%
    3   0   0
    Jan 20, 2009
    1,953
    83
    Indianapolis
    IMO it's poor store policy to make a customer pay for something that was broken by accident. They should have sucked it up and written off the mug. I was under the impression that all retail stores had a claims department that covered store use, broken items, returned items, etc... For larger breaks like a display or window their insurance should cover it. If you paid by CC you could always dispute the charge.

    Ages ago when I was a lowly electronics worker at WalMart we would have never tried to make a customer pay for a broken item that was accidentally knocked off a shelf. Sure WM is a much larger entity but Gamestop is still a national store.
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    IMHO, the transaction was over after you left the store. You brought it to their attention BEFORE leaving, and I assume would have paid at THAT point, if it was an issue. It wasn't, they "let" you go, and you left. End of transaction.

    Personally, I would have simply paid for the mug. Sometimes stuff happens with kids. The $10 may be worth the "life ain't fair. You break it you buy it" lesson.
     

    churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
    152
    Speedway area
    It was clearly an accident. Stores lose merchandise to accidents.

    It sounds like what's happening here is a manager who has had problems with kids being unsupervised and causing issues or breaking things has instructed employees to enforce this rule.

    If it's worth your time....upper management and corporate need to hear about it. If they don't offer your money back and an apology I wouldn't go back for anything.

    This is pretty much how I see it.
     

    jamil

    code ho
    Rating - 0%
    0   0   0
    Jul 17, 2011
    60,148
    113
    Gtown-ish
    It's an interesting business model. If you can't sell cheezy merchandise on purpose, maybe you can sell it by accident.
     

    spec4

    Master
    Rating - 100%
    1   0   0
    Jun 19, 2010
    3,775
    27
    NWI
    This is the cost of doing business. I wouldn't have paid and I would have asked the clerk to contact his immediate superior on the spot. Maybe they can use it as a training tool to their staff as to how to stack shelves.
     

    BigBoxaJunk

    Grandmaster
    Rating - 100%
    3   0   0
    Feb 9, 2013
    7,314
    113
    East-ish
    Personally, I would have simply paid for the mug. Sometimes stuff happens with kids. The $10 may be worth the "life ain't fair. You break it you buy it" lesson.

    Me too. Poorly shelved merchandise or not, accident or not, it's a good lesson for the kid. If he'd been more careful, the mug wouldn't have been broken. So many parents don't realize the importance of kids learning self-awareness and self-control.

    Although if I'd offered to pay for it and they declined, and then called later, the most I'd offer is to square up next time I go there. I wouldn't make a special trip.
     
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