Complaints

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• Initial Complaint

  Date:02/12/2022

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On October 14th, 2022, I bought a Godox V1 flash from the 107th McBain Camera Store for $367.49. When i brought the item home and tested it I realized that it was faulty and did not work correctly.
  
  On October 18th, 2022, I contacted McBain Camera by email to explain the situation. I asked for a full refund due to the defective product, however the only thing they offered was to repair the item for a cost of $70.00 + GST. I continued to ask for a refund but they refused and the matter has not progressed any further.
  
  I find this unreasonable, to buy something new, at full price, and when I open the item, and find that it does not work, to be expected to send more to repair it. And McBain Camera Inc, takes no responsibility or effort to live up to the promise of the goods they sell.

  Business Response

  Date: 05/12/2022

  Good morning,

   

  As can be seen by the lengthy email chain between my staff and Mr *****, the customer purchased a flash from our 107 Avenue location on October 14, 2022. Four days later, he contacted us for either a replacement or a refund. The nature of the flashes "defect" (as can be seen in the attached photo), is a broken piece of molded plastic in the column above the flashes hot-shoe foot. In my over 20 years experience in dealing with flashes and photographic equipment, this is typically caused by an impact while the flash is attached to a stand or camera, or by picking a camera up by the flash (cameras with lenses on them are typically over 1kg in weight, and flashes are not built to support this weight). Regardless of how the damage was incurred, my staff went out of their way to contact the distributor to see if we could get the customer a warranty repair. Unfortunately, the distributor denied this warranty claim, but did offer a discounted non-warranty repair.

   

  During the course of communicating with the customer, he at one point decided he would no longer be satisfied with a repair or replacement, and started demanding a refund. Unfortunately, we are unable to offer refunds on products that have suffered non-warrantied damage, as we would be unable to send it back to the distributor for credit, or in good conscious sell it to another customer. For evidence of this product's reliability, we have sold 75 since they were introduced in 2019, and none of those 75 have needed repairs. We will continue to offer the customer the same discounted repair we've already obtained on the product, but at this time we continue to be unable to offer refund on their flash.

  If you should need any further clarification or information on this matter, please feel free to reach out to me at ************.

   

  Thank you,

  **** ********
  
  ****** ******* *******
  

  Customer Answer

  Date: 05/12/2022

  
  
  Complaint: 18514999
  
  
  
  I am rejecting this response because:

   

  Under the Consumer Protection Act, RSA 2000, Section 6 “Unfair Practices” 
  
  4(e) a supplier’s representation that goods or services are of a particular standard, quality, grade, style or model if they are not;
  
  4(f) a supplier’s representation that goods have or have not been used to an extent that is different from the fact;
  
    4(g) a supplier’s representation that goods are new if they are used, deteriorated, altered or reconditioned;
  
  
  When I purchased the Godox V1 flash from McBain Camera Inc, I did so with the understanding that the product was new, unused and fully functional, however when I returned home to test the product I realized this was not the case. Offering a discounted repair does nothing to satisfy McBain Camera Inc's legally mandated obligations under the Consumer Protection Act, RSA 2000.
  
  As a result of this Unfair Practises by McBain Camera Inc, described above. I am expressing my right under;

  
  
  Consumer Protection Act, RSA 2000, Section 7 “Cancelling agreement”
  
  (2)  Where a supplier has been found to have engaged in an unfair practice, any consumer who entered into a consumer transaction that was subject to the unfair practice with the supplier who engaged in the unfair practice may cancel the consumer transaction at no cost or penalty to the consumer.
  
  
  to cancel the contract between myself and McBain Camera Inc and demand a full refund of $367.49. 

   

  
  
  
  
  Sincerely,
  
  
  
  ***** *****

  Business Response

  Date: 06/12/2022

  Good morning,
  
  I believe the heart of this disagreement comes down to
  semantics, wherein Mr ***** states the product is defective, when it is in fact
  damaged. The molded plastic column above the hot shoe broke, and again this
  typically occurs in incidents of misuse.
  That stated, and for the sake of thoroughness, I would like
  to request a few photos of the flash’s box. I looked through our sales records
  on this model, I could not find a return of this flash at this location in the
  past year, but I’m willing to do some more digging.
  Also, if it makes it any easier, I’m willing to eat the
  cost on repairing this flash, and provide free shipping to get it back to Edmonton,
  if it’s more convenient for you. For the record, when considering the four mounts
  the Godox V1 comes in ******* ****** **** *** ***** it’s one of the top
  selling flashes in Canada, and we firmly believe it’s a great product.
  Regardless, we remain willing to work with Mr *****.
  
  With regards,
  **** ********

  Customer Answer

  Date: 06/12/2022

  
  
  Complaint: 18514999
  
  
  
  I am rejecting this response because:

   

  Hello,

  
  
  Mr. ******** seems focused on wording, whether he prefers the words defective or damaged, the fact remains the same, that being, the product arrived in my care unfit for use.
  
  In response to Mr. ******** generalized claims about the products well selling nature, or lack of previous problems, perhaps he is confused, because my complaint and issue is focused on my experience of the product arriving in my care broken, not about all other instances of purchase. 
  
  As previously stated in my last message I wish to cancel the contract between myself and McBain Camera Inc and demand a full refund of $367.49. I think demanding basic consumer rights entrenched under the Consumer Protection Act, RSA 2000 is a reasonable ask, and not something excessive or untoward. 
  
  If it makes things easier I am willing to drive two hours to return the product to its place of purchase, so no shipping will be necessary. 
  
  

  
  
  
  
  Sincerely,
  
  
  
  ***** *****