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Business Profile

Lawn and Garden

W.F. Welliver & Son Inc

This business is NOT BBB Accredited.

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Complaints

Customer Complaints Summary

  • 1 complaint in the last 3 years.
  • 0 complaints closed in the last 12 months.

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The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

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  • Initial Complaint

    Date:06/06/2023

    Type:Billing 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 6/2/2023 I went to pick up my parts invoice # **-*****. When ****** told me that a part was $500, I politely said that I do not want that part. She then stated there was a 20% restocking fee. I was never told about a restocking fee and there was no sign at the business stating a restocking fee. I paid it and called the next day to try to resolve the $98.18 plus tax restocking fee with the owner. I asked, how can I be charged a restocking fee on an item that I didn't purchase? She was very ignorant, did not want to resolve the issue and stated that it's at the bottom of the receipt. I said I didn't purchase the item so I didn't get a receipt stating the 20% restocking fee. She said, well we ordered it for you. I said that I have a lawyer on retainer and will call him and her response was "since you mentioned a lawyer, we are done talking" and hung up on me.

    Business Response

    Date: 06/13/2023

    In mid May, our customer contacted us and gave us a list of parts that he wanted to purchase for his machine. Some parts were in stock,while others needed to be ordered. Once we had all of the parts, he came in to pick them up. While he was here he provided us with another list of part numbers he was looking for. He was told that these parts were not in stock and needed to be special ordered. Never once did he ask for a price for any of the parts.
    When he came in to pick up the 2nd order on June 2, 2023, he brought back bushings and a can of paint that were picked up at his last visit. The bushings and paint were normal stock items, so we returned them no questions asked.
    When I put the box of parts on the counter that he ordered this time, the customer started looking through the box, telling me that he didnt need the hour meter anymore and saying that he didnt even know what some of the other parts were. He gave us the part numbers to order, we did not look anything up for him, so he should have known what he was ordering! He then decided that he did not want the hour meter, telling me that he got impatient and got a hour meter somewhere else and also didnt want the weather strip that he ordered.
    At this point, I told him that we would allow it this time,but in the future any special ordered items will incur a 20% re-stocking fee because that is what it would cost us to return it to our distributor. Although, we do not have a sign hung up stating about a 20% re-stock fee there is a sign stating that non-stock and electrical parts are non-returnable and there is a message on the bottom of every invoice regarding re-stocking fees and that non-stock items are non-returnable.
    I then tallied up his bill for the parts that he was going to take. He proceeded to tell me that he would not pay almost $500 for a piece of plastic (fan shroud). I told him that these parts we are selling him are OEM parts and that unfortunately there is nothing that we can do about the price. At this point, he also started complaining about the price of some of the other parts.He told me the reason he returned the bushings from the original sale was because they were too expensive and he was able to find some at a local hardware store.I again told him that these are legit OEM parts and that I wouldnt guarantee that the part he found at the hardware store would be an equivalent part, but that was his choice.
    The customer then asked how much it would be to pay the 20%restocking fee for shroud, because he was not paying that much for it. I calculated the 20% restocking fee at $98.18; which was ONLY on that part-not the rest of the parts that he decided not to take.
    The customer stated that he would pay the restocking fee. I ran his credit card, he signed the slip, and he left.
    The next day the customer called and asked to speak to an owner.***** told him that she was an owner. She listened to his story, then told him what I had already told him the previous day. The customer was clearly not satisfied with her answer and proceeded to tell her that he had a lawyer on retainer. She then stated in a calm manner that since he mentioned a lawyer that they are done talking and hung up.
    On June 8, 2023 we received a phone call from our credit card processing company, telling us that a customer was disputing the charge of $104.07 ($98.18+$5.89 tax=$104.07). We told our credit card processing company our side of the story, sent them a copy of the invoice with the message at the bottom about restocking charges & that non-stock parts are non-refundable, as well as the signed credit card receipt that he signed.
    This customer has also contacted our distributor, the BBB,and left a poor customer review on our ****** profile page.
    A FULL copy of the receipt showing the message that is at the bottom of every invoice and the signed credit card slip is attached to this claim. Also attached is a picture of our non-returnable sign.

    Customer Answer

    Date: 06/14/2023

     Complaint: ********


    I am rejecting this response because:

    First, the business clearly admitted there is no sign for restocking fee and admitted they never told me there was a restocking fee and prices on any items.

    I have a lawyer on retainer through work and asked him about the situation he stated, "Pennsylvania consumer protection law states "the customer must be notified of the store's return policies and any restocking fees must be disclosed before the purchase is made."

    Second, I was charged for a restocking fee on an item I never purchased in which the business admitted to in the response and my lawyer said was illegal. He said the business would have to pay for it themselves or charge the customer before the order is placed.

    Third, the distributor, ***************************** from *******, sent me an email on June 4th at 11:24 am (see attached) after talking with wellivers "It has been resolved and the fee has been waived". I responded and asked if it will be refunded to my credit card and ******* responded with a "yes". Wellivers never refunded my money even after the distributor waived there fee.

    Fourth, did you think I would give you a good review on ******?

    Finally, this will be my last communication with wellivers. Either they refund my money or the next correspondence will be with my lawyer.

    Regards,

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

    Business Response

    Date: 06/30/2023

    In response to his rejection:

    Correct, there is no sign saying 20% restocking fee. However, there is a sign that says “All special order parts and electrical parts are non-returnable”. Also, at the bottom of all of our invoices-which he had a copy of from a previous purchase-it states “Non-stock items are not returnable”. This was a special order part; this was a non-stock part that had to be ordered in.  We should have made him pay for the whole part, but instead we were trying to be nice and ask that he pay the 20% restocking fee that it would cost us to return the part. We never asked that he pay for the shipping that we would incur with returning the part; nor did we ask that he pay the 20% restocking fee for the other parts that he returned from a previous order or the other order parts that he decided he did not want to take from this special order.

    Also, in our last response, it clearly stated that while we were discussing the less expensive special order parts from this order that he had decided he did not want to take he was verbally told “we would allow it this time, but in the future any special ordered items will incur a 20% re-stocking fee, because that is what it would cost us to return it to our distributor.”  

    We have been in business for over 50 years. We trust that our customers will purchase the item that they special order and prefer not to hold on to their money before they receive the parts. Evidently, moving forward we need to put our trust elsewhere, as customers no longer understand or accept consequences.

    The evidence provided only states that the distributor waived the fee. No place does it say that they told him it had been refunded. Our communication with the distributor about the matter was that we don’t have his money, due to the customer disputing the charge with his credit card company.

    When the customer left here that day, he knew what he was paying for. He signed the credit card slip in acknowledgement of his decision to pay the restocking fee. 

    Customer Answer

    Date: 07/06/2023

    [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]

     Complaint: ********

    I am rejecting this response because:
    You never told me about a 20% restocking fee on non stock items, never told me what parts are stock vs non stock and was never told me prices of any parts. If I hadn't filed a compliant with my credit card company, you would have kept my money. You put all the responsibility on the customer and accept no responsibility as the company which, per the law, is your responsibility to make the customer aware of the previous mention issues. Finally, to have an owner hang up on a customer and not be willing to talk is unacceptable for any business.

    Regards,

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

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