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      09-23-2017, 10:09 PM   #1
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UPS damaged parts, dealer won’t refund unless I pay fee, won’t replace until UPS pays

Hi, I'm wondering if anyone can offer some insight to my situation.

I ordered some parts from a BMW dealer online, the total cost was close to $6K for the two items. It took much longer than expected to receive the parts because the "in stock" items magically turned into "special-order" items once the dealer received my payment .

Well once it was delivered by UPS, the items were damaged beyond use. There were notes in the box stating that I must contact within 24hrs if damaged, which I found a little unusual. So I contacted the dealer, sent photos, and shipped everything immediately. That was on August 12, 2017.

Now the dealer is still waiting for UPS to respond to the claim as of today, September 24th. I requested a refund, but I'd have to be responsible for a 20% restocking fee and PayPal 'refund fee.' I sort of feel this is excessive because the dealer has yet to order the replacement parts because UPS hasn't paid the claim yet, and I've refunded a few items on PayPal, and was never charged a fee.

Please let me know if you've had a similar experience or if you think my situation is unusual. Thanks!
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      09-23-2017, 10:13 PM   #2
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UPS is very slow to pay claims because when something gets damaged, they act like scam artists and say that the "declared value" isnt actually insurance unless the item being shipped is professionally packed by UPS or a UPS store.

Honestly, I would tell them that the restocking fee and paypal refund fee is bullshit, and if they dont get your money back you can get a lawyer and sue for your money back plus lawyer fees.

UPS damaged an engine block that I shipped through them and they did not pay me for months up until I filed the paperwork for small claims and they received the notice. Shortly after that I received a check.
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      09-23-2017, 10:16 PM   #3
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There should not be a restocking fee for something that arrived damaged. It isn't simply a return of something about which you changed your mind. The dealer should recover damages from UPS. Which dealer is it? What did the order terms say when you placed the order?
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      09-23-2017, 10:26 PM   #4
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If you paid by PayPal, call PayPal and provide all the info. They will help you to get your money back. No need to contact UPS nor dealer
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      09-23-2017, 10:29 PM   #5
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Quote:
Originally Posted by RickFLM4 View Post
There should not be a restocking fee for something that arrived damaged. It isn't simply a return of something about which you changed your mind. The dealer should recover damages from UPS. Which dealer is it? What did the order terms say when you placed the order?
I'm not going to name the dealer unless I get really screwed, I don't even leave bad Yelp reviews lol.

It was a pretty massive order for my new F82 M4, and I've ordered almost every OEM+ part from them since my 2011 E92 M3. So I do have faith in them. There's a new person running the parts dept. so I'm not working with the gentleman that I've worked with through the years. We had an issue with some black ZCP wheels and UPS awhile back, and that was taken care of quite easily if I recall.

I think my best bet is to request the refund again. I've been traveling abroad for the past month, so I'd love to just not worry about it. Thanks for the suggestions and input..I didn't want to seem out-of-line not wanting to pay the, weird to me, fees.
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      09-23-2017, 10:33 PM   #6
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Originally Posted by guess2098 View Post
If you paid by PayPal, call PayPal and provide all the info. They will help you to get your money back. No need to contact UPS nor dealer
I'll give that shot if I can't make any headway. I might have to check to see if there's a certain time-limit. I did use my AMEX, and I'm sure they'd help me out..but might destroy my PayPal account if I go that route.
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      09-23-2017, 11:08 PM   #7
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Quote:
Originally Posted by shrimp_chips View Post
Quote:
Originally Posted by guess2098 View Post
If you paid by PayPal, call PayPal and provide all the info. They will help you to get your money back. No need to contact UPS nor dealer
I'll give that shot if I can't make any headway. I might have to check to see if there's a certain time-limit. I did use my AMEX, and I'm sure they'd help me out..but might destroy my PayPal account if I go that route.
I have done a chargeback through AMEX for something I bought through PayPal. Once you chargeback is approved and confirmed, you forward that to the dispute you have opened with PayPal and they will leave you alone and go after the dealer for their money.
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      09-23-2017, 11:29 PM   #8
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Quote:
Originally Posted by shrimp_chips View Post
Quote:
Originally Posted by guess2098 View Post
If you paid by PayPal, call PayPal and provide all the info. They will help you to get your money back. No need to contact UPS nor dealer
I'll give that shot if I can't make any headway. I might have to check to see if there's a certain time-limit. I did use my AMEX, and I'm sure they'd help me out..but might destroy my PayPal account if I go that route.
As long as you have all paperwork, dispute does not destroy your PayPal account. If PayPal doesn't help, you can file chargeback
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      09-24-2017, 02:41 AM   #9
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Both Amex and PayPal are very buyer friendly, hence why merchants dislike them.

Remember that time is not on your side here. It's almost October, PayPal may not even help you out anymore. Your relationship with this dealer may be good, but it's not something worth gambling on.
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      09-24-2017, 07:42 AM   #10
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Open a PayPal dispute.
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      09-24-2017, 07:57 AM   #11
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Never order threw BMW on line, Way over priced. You can find the same parts threw other after market stores at better prices.
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      09-24-2017, 08:11 AM   #12
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Chargeback is your friend.
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      09-24-2017, 08:15 AM   #13
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Oh my god man I hate situations like that. Everyone is out to get you and no one willing to help. I feel your pain and I hope it gets resolved soon and without cost to you.
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      09-24-2017, 08:17 AM   #14
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Quote:
Originally Posted by shrimp_chips View Post
I'm not going to name the dealer unless I get really screwed, I don't even leave bad Yelp reviews lol.

It was a pretty massive order for my new F82 M4, and I've ordered almost every OEM+ part from them since my 2011 E92 M3. So I do have faith in them. There's a new person running the parts dept. so I'm not working with the gentleman that I've worked with through the years. We had an issue with some black ZCP wheels and UPS awhile back, and that was taken care of quite easily if I recall.

I think my best bet is to request the refund again. I've been traveling abroad for the past month, so I'd love to just not worry about it. Thanks for the suggestions and input..I didn't want to seem out-of-line not wanting to pay the, weird to me, fees.
Have they offered to replace the parts at no additional cost? If they have and you asked for a refund, maybe I could understand their view on the restocking, but they at least need to replace the parts (or refund your money with no fees) if they agree the parts are damaged.

If not resolved to your satisfaction please name the dealer because it might prevent someone else from having the same experience.
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      09-24-2017, 09:50 AM   #15
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UPS absolutely sucks. They are the slowest of the big three by far, and I avoid them like the plague. Sometimes I'm forced to use them however as it's all some companies use, but I'll still generally try other vendors who will either use FedEx or USPS. UPS is like a covered wagon sometimes, it's insane how slow their ground shipping can be at times. Like you, I've also had issues with them with damaged products. Really can't tell you how much I detest that company.

Best of luck in your situation, get ready for a lot of frustration, waiting, phone calls, not being called back, etc.
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      09-24-2017, 10:27 AM   #16
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      09-24-2017, 11:29 AM   #17
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Quote:
Originally Posted by NickyC View Post
UPS absolutely sucks. They are the slowest of the big three by far, and I avoid them like the plague. Sometimes I'm forced to use them however as it's all some companies use, but I'll still generally try other vendors who will either use FedEx or USPS. UPS is like a covered wagon sometimes, it's insane how slow their ground shipping can be at times. Like you, I've also had issues with them with damaged products. Really can't tell you how much I detest that company.

Best of luck in your situation, get ready for a lot of frustration, waiting, phone calls, not being called back, etc.
FedEx overnight is ok but not as good as it once was. I've had many problems with FedEx Ground and go out of my way to avoid them. Depends where u r I guess. I much prefer UPS. Used to prefer USPS until our mail carrier retired and then replaced him with a lazy POS.
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      09-24-2017, 12:48 PM   #18
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Open a paypal dispute. Easy to do and since you have photos, they will easily side with you. No harm to you at all. You can still file a chargeback should paypal for some reason side with the seller. I cant see why they would. Takes just a few minutes.
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      09-24-2017, 01:09 PM   #19
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Quote:
Originally Posted by RickFLM4 View Post
FedEx overnight is ok but not as good as it once was. I've had many problems with FedEx Ground and go out of my way to avoid them. Depends where u r I guess. I much prefer UPS. Used to prefer USPS until our mail carrier retired and then replaced him with a lazy POS.
Quote:
Originally Posted by NickyC View Post
UPS absolutely sucks. They are the slowest of the big three by far, and I avoid them like the plague. Sometimes I'm forced to use them however as it's all some companies use, but I'll still generally try other vendors who will either use FedEx or USPS. UPS is like a covered wagon sometimes, it's insane how slow their ground shipping can be at times. Like you, I've also had issues with them with damaged products. Really can't tell you how much I detest that company.

Best of luck in your situation, get ready for a lot of frustration, waiting, phone calls, not being called back, etc.
Where are the both of you living that UPS/FedEX sucks so bad? I have yet to have a major problem with any one of them. All of my packages arrive on time and if it is not, they tell me why (usually service disruptions beyond their control) and they do their best to re-route. Sometimes, my packages arrive early. If no one is there for signature, it is held at the hub. I can also request to be held at a UPS store.

Maybe the logistics in the NE is better. You do know that there are Fedex/UPS ground maps that gives you an *estimated* ground transit times right?
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      09-24-2017, 01:22 PM   #20
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Where are the both of you living that UPS/FedEX sucks so bad? I have yet to have a major problem with any one of them. All of my packages arrive on time and if it is not, they tell me why (usually service disruptions beyond their control) and they do their best to re-route. Sometimes, my packages arrive early. If no one is there for signature, it is held at the hub. I can also request to be held at a UPS store.

Maybe the logistics in the NE is better. You do know that there are Fedex/UPS ground maps that gives you an *estimated* ground transit times right?
South Florida. UPS is fine with minor exceptions once in a while (package with from Amazon missing transfer in Louisville, so arrives late, for example). FedEx overnight ("real FedEx") is mostly fine but have a bad habit of leaving packages, including perishables and packages that require signatures such as wine, without even ringing the doorbell. FedEx Ground is terrible. On multiple (at least 3 in past 12 mos. that I can readily recall) occasions they claim they tried to deliver and the package was refused so I can only guess the driver either made it up or tried to deliver to the wrong address. They never ring the bell when dropping a box on the ground outside the front door. I'm not saying the driver needs to hang around for someone to answer the door but what's so effing difficult about ringing a doorbell that's right where you are dropping the box to let someone know it's there? Further raising these issues with FedEx is not that easy and upon submitting a web form, it requires calls from 2 different managers because overnight and ground are separate, and neither do shit about service issues. Oh, and all that service comes at a premium price. So all of that is why FedEx sucks so bad, but I digress...
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      09-24-2017, 01:34 PM   #21
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Quote:
Originally Posted by chetrickerman View Post
UPS is very slow to pay claims because when something gets damaged, they act like scam artists and say that the "declared value" isnt actually insurance unless the item being shipped is professionally packed by UPS or a UPS store.

Honestly, I would tell them that the restocking fee and paypal refund fee is bullshit, and if they dont get your money back you can get a lawyer and sue for your money back plus lawyer fees.

UPS damaged an engine block that I shipped through them and they did not pay me for months up until I filed the paperwork for small claims and they received the notice. Shortly after that I received a check.
Quote:
Originally Posted by NickyC View Post
UPS absolutely sucks. They are the slowest of the big three by far, and I avoid them like the plague. Sometimes I'm forced to use them however as it's all some companies use, but I'll still generally try other vendors who will either use FedEx or USPS. UPS is like a covered wagon sometimes, it's insane how slow their ground shipping can be at times. Like you, I've also had issues with them with damaged products. Really can't tell you how much I detest that company.

Best of luck in your situation, get ready for a lot of frustration, waiting, phone calls, not being called back, etc.
"UPS is very slow to pay claims because when something gets damaged, they act like scam artists and say that the "declared value" isnt actually insurance unless the item being shipped is professionally packed by UPS or a UPS store"

^ This happened to me as well. Ruined a slightly used, very expensive, home audio amplifier that I sold and shipped via UPS to an individual in Florida. The amp was boxed in the original manufacturers box, with good original foam support. The front and back panel of the amp was 1/2 inch thick aluminum. The heavy duty binding posts attached to the back panel were bent at a 45 degree angle. This thing had to have been dropped from a serious height to do this kind of damage. UPS claimed it was boxed poorly, even though I had pics showing otherwise. They then changed their position to say that since "they or their UPS store didn't box it", they would not pay the claim. I learned after the fact that they basically deny all claims and force you to sue to get paid. It works for them, not for the consumer. Since then, I use the good old USPS AND purchase the insurance. If you purchase postal service insurance in almost all cases they will pay your claim for merchandise damaged in shipment. UPS is now run by the Teamsters Union. YMMV
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      09-24-2017, 09:42 PM   #22
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Thanks everyone. I'm glad that I have some options, but I'm still waiting on the dealers response to my PM. I've already told her that I won't be purchasing any more parts or cars from this specific dealer..to which she responded with, "I understand.." Which confused me even more lol.

Ive only had two items damaged by shipping in my entire life, and coincidentally it was UPS and this same dealer. I've never had a problem with FedEx on the west-coast. But I think that's just luck.
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