OK, so who's wrong?

[KDUBCR250]

Damn, who peed in your wheaties this AM? wait, you work there, dont you?

Lol. No but all jobs are more or less equally important to me. I actually was fortunate enough to get a higher than average paying job but that doesn't mean it's more or less important than a minimum wage job lol. In the end we all have a self imposed moral compass we must fallow. All that being said I do agree that the issue should have been settled before leaving the store. Not a phone call after the fact.

 

[stephen87]

My opinion is that **** happens. Ever had something fall off a shelf at the grocery store? Did you have to pay for that as well? Accidents happen and Gamestop should have chalked it up as a loss, it's not the first time it's happened, won't be the last. They know the game they're playing. If it were a truly big deal, they should have asked you to pay for it before walking out of the store.

 

[jamil]

I kinda get the feeling that the manager got over zealous over misplaced principle. Him saying something about letting the kids go unsupervised kinda gives that away. Doesn't sound like the OP's kids actually were unsupervised. Put **** where **** can get broke, **** gets broke. At least he sold one Cheezy mug made in China.

 

[Timjoebillybob]

If displayed appropriately and reasonably, No. Just like the dozens of times he has looked at (smaller) plushes in that exact same spot that were merchandised appropriately.

By that logic, If you hadnt been driving safely on that road (even though you took all appropriate and reasonable precautions), that drunk driver never would have hit you and injured you.

What was inappropriate or unreasonable about the display? And from the picture, it looks like the smaller plushes aren't in "that exact same spot". They are in front of where the large plush was in boxes/bins.

And if your son had "took all appropriate and reasonable precautions", this wouldn't have happened. As evidenced by the fact that the plush had been placed there without the mugs falling.

Closer analogy would be you run a stop sign and get hit by a drunk driver. If the driver wasn't drunk, they may have been able to stop. But who's fault is the accident actually (not legally).

Couple of thoughts....

1. The mug wouldn't have broken if your son hadn't touched the stuffed animal.
2. The mugs are stacked way too high on the opposite top shelf, making it far too easy for a customer to accidentally break said mug.
3. Given the planogram, anyone removing and replacing the plushie would have a good chance to break the mug, regardless of their age.
4. Conclusion - Gamestop doesn't want you touching their ****.

I would have told the clerk to FATWO.

1) Agreed.
2) 3 high is way too high? So 2 high is just too high, and just one level is just right?
3) I'll have to disagree.
4) I guess that's possible, or perhaps they don't want kids to be playing with them.

My opinion is that **** happens. Ever had something fall off a shelf at the grocery store? Did you have to pay for that as well? Accidents happen and Gamestop should have chalked it up as a loss, it's not the first time it's happened, won't be the last. They know the game they're playing. If it were a truly big deal, they should have asked you to pay for it before walking out of the store.

Yep, I've had stuff fall and break. Nope I didn't have to pay, but I have offered to. Yes accidents happen, and the person that caused the accident is the one at fault. I will agree it should have been settled before walking out of the store.

 

[Cameramonkey]

Timbob, look closer. They chose to place items not on the top shelf (which has a back to prevent encroaching the far side) but on top of the shelving unit where it was not contained to that side. That is my #1 beef. You don't balance things on a 2" bar unless you want them to fall.

 

[Cpt Caveman]

Never go back. There are better things to spend money on.

 

[MrsGungho]

POG was set wrong, stuff stacked to high on top shelf.

That said, I'd have done exactly as you did, bring it their attention. I would not have gone back to pay for it though.

**** does happen, the intent of your son was not malicious, in any manner. Take it as a learning experience.

 

[foszoe]

Without the video surveillance tape footage is is very difficult to answer this question at all with any degree of certainty.

 

[Timjoebillybob]

Timbob, look closer. They chose to place items not on the top shelf (which has a back to prevent encroaching the far side) but on top of the shelving unit where it was not contained to that side. That is my #1 beef. You don't balance things on a 2" bar unless you want them to fall.

I took a close look, that top rail isn't 2". My guess is closer to 6-8", which you don't make it that wide unless you intend to have things placed there. I'm guessing that your son either pushed it too far back causing it to tip, or possibly wasn't quite tall enough to put it up there properly and gave it a little toss causing it to tip over backwards.

POG was set wrong, stuff stacked to high on top shelf.

That said, I'd have done exactly as you did, bring it their attention. I would not have gone back to pay for it though.

**** does happen, the intent of your son was not malicious, in any manner. Take it as a learning experience.

I generally agree, but intent doesn't matter. His son damaged their property, it is the son's fault.

 

[MrsGungho]

I took a close look, that top rail isn't 2". My guess is closer to 6-8", which you don't make it that wide unless you intend to have things placed there. I'm guessing that your son either pushed it too far back causing it to tip, or possibly wasn't quite tall enough to put it up there properly and gave it a little toss causing it to tip over backwards.



I generally agree, but intent doesn't matter. His son damaged their property, it is the son's fault.

and that is exactly why I said "Take it as a learning experience"


I forgot where I was and that I have to spell it out completely for some to understand

 

[BehindBlueI's]

I *never* give my real phone number for any sort of rewards program. I give one that was disconnected years ago but that I still remember. There is no reason for them to have my real phone number. This reinforces that.

There is no way I would have driven back to the store.

 

[KMaC]

Since all the INGO lawyers seem to be tied up in the Politics page I decided to research some court decisions on this issue. The Supreme Court decided, Gamestop v. Mini Monkey, that the customer is only liable for breakage if the store displays the industry standard sign at the front door that says "Beautiful to look at, wonderful to hold, but if you break it consider it sold." BTW I don't even play a lawyer on TV. And what is a plushe or plushie? A stuffed animal?

 

[Cameramonkey]

Since all the INGO lawyers seem to be tied up in the Politics page I decided to research some court decisions on this issue. The Supreme Court decided, Gamestop v. Mini Monkey, that the customer is only liable for breakage if the store displays the industry standard sign at the front door that says "Beautiful to look at, wonderful to hold, but if you break it consider it sold." BTW I don't even play a lawyer on TV. And what is a plushe or plushie? A stuffed animal?

Yes. a stuffed toy of some sort.

I called to get an email So I could communicate clearly in writing and ended up talking to an inept CS rep that would not give me an email to correspond with and insisted on taking my complaint verbally. Well, first she gave me "onlineorders@gamestop..." When I reminded her it was about a store complaint and not an online order, she said "oh". And it continued:

What is your phone number?
xxx-xxx-1234.
xxx-xxx-3234?
No 1234.
What is your email address?
xxxx@abc.net
(long pause)
@gmail.com?
*facepalm*

And it kept going like this for 5 more minutes; Tell her info clearly (painstakingly slowly and clearly), and she would echo back wrong info.

Supposedly a regional/district manager will call or email me and I can go over it with him/her. Im sure I'll have to call them back because she didnt enter my info correctly. And when I asked for a ticket/tracking number in case I had to call back, I was told I didnt need one, "just give my name and it would pull up". Yeah, right. I somehow think neither my name, mail, nor number are in the system right for them to look me up.

 

[Bfish]

I *never* give my real phone number for any sort of rewards program. I give one that was disconnected years ago but that I still remember. There is no reason for them to have my real phone number. This reinforces that.

There is no way I would have driven back to the store.

I've got a couple of rewards program at Krogers for example and things set up for an old land line that is no longer in service yet I will always remember. I think I'm going to start doing it when I set them up in the future.

 

[Timjoebillybob]

I *never* give my real phone number for any sort of rewards program. I give one that was disconnected years ago but that I still remember. There is no reason for them to have my real phone number. This reinforces that.

There is no way I would have driven back to the store.

I won't say I never do, but my usual number when asked is 867-5309. I've only had one person tell me I don't look like a Jenny...

 

[WebSnyper]

Since all the INGO lawyers seem to be tied up in the Politics page I decided to research some court decisions on this issue. The Supreme Court decided, Gamestop v. Mini Monkey, that the customer is only liable for breakage if the store displays the industry standard sign at the front door that says "Beautiful to look at, wonderful to hold, but if you break it consider it sold." BTW I don't even play a lawyer on TV. And what is a plushe or plushie? A stuffed animal?

Clearly you have forgotten that signs hold no weight of law here... now in other states...

As far as the issue at hand, no matter where I come down on this, I would have requested a refund for the membership/rewards program if there was a fee for it, and I would not step back into Gamestop. There are other options and would have done this based on principle of how they handled it (the call back, etc)

 

[AmmoManAaron]

I would have picked up the broken mug, taken it to the register and paid for it. Regardless of how perilous the display was put together, it didn't just fall off the shelf. Kids break stuff all the time. I'm not saying the store didn't have the display set up poorly and I'm not inferring your child is to blame either. I've paid more than $10 because of something my boys have done that wasn't malicious but still caused property damage. Kinda just goes with the territory of being a parent.

^^^This right here^^^

I don't think Mini Monkey is a bad kid, but if your kid breaks something you gotta pay for it. Personal responsibility and all that. The display wasn't the best by any means, but if you don't touch it you can't break it - chalk it up as a life lesson and he will know to be more careful putting things back the next time. As an adult there are things that I see that I simply will not touch because I'm afraid I will break something...solves the problem and keeps me out of trouble/drama/spending $$$.

And yes I do realize he was touching the plushie and that GameStop might be considered a kids-type store where kids might be expected to touch stuff. It's a crappy situation, but goes with the territory of being a parent (responsible party and role model). Seeing that GameStop is a big chain store and it wasn't an expensive item, I'm a little surprised they didn't just write it off...and calling after you left is odd too. Maybe since you are new members and already broke something, the store is incorrectly assuming things and just doesn't want you coming back?

 

[HoughMade]

Why does it have to be one party's fault or the other? That's not the way life works and it's not the way the law works. The law allows for multiple causes and the assessment of percentages. in this case, there is fault on both sides.

...but who cares? It would be nice if they said "forget about it". It would be nice if you said "I'll pay for it".

 

[russc2542]

Was it poorly arranged and precarious? yes. It was also stable until an outside force acted upon it. I'll mirror the later posters that mini-monkey is technically responsible but not "bad": on the hook for reparations but not punishment.

I'm guessing the clerk wrote it off but the manager made the clerk call you back.

The CS is tragic though... you brought it to their attention immediately and they said don't worry about it. That should have been the end of it and that's where the failure lies. They are within rights and reason to ask for compensation for damaged merchandise where they saw mini-monkey do it and/or you fessed up. If the employee acted against company policy by saying no big deal, then it's on the employee but once they say no problem to the customer, it's no problem. When I worked in the shop attached to a retail chain, and later in the parts store, they made no bones about it: never admit fault and never say "we probably can" or anything to that effect. If you can, great. if you aren't sure, find someone who is. too many customer complaints from employees indicating the possibility of giving the customer what they want then not being able to and customers unable or unwilling to understand that "maybe" isn't a promise.

 

[BehindBlueI's]

Why does it have to be one party's fault or the other?

First day on INGO? I'm surprised "negligent" hasn't been shouted more.