Hubbard & State Cigar Shop Ltd

Initial Business Response /* (1000, 5, 2014/06/02) */
In regards to the complaint filed against my cigar shop, the customer has an unsubstantiated claimHe phoned the cigar shop after about a week to complain about his purchaseHe said the Zippo lighter had scratches and we sold
him a used oneI assured him we only sell new merchandise and have been in business for yearsWhen he purchased the lighter, he also insited we fill it with fluid in front of himHe and I would have seen any scratches at that timeI believe this is simply a matter of buyers remorse and he wanted some refund for an impulse purchaseI told him we were unable to refund his money now that it had been used since we DO NOT sell used merchandise
The customer threatened me over the phone and said he was 'computer savvy' and would call the Better Business Burea and slander my name on Yelp.comI told him that was his right, but he became very irate and kept raising his voice at which time I told him to please stop yelling and I wouldn't respond to threatsAt no time did I ever call him names or tell him to 'go to ***'I simply stood my ground and told him what our policy wasI might have responded more favorably and possibly refunded his money if he had actually shown up in person and shown me the lighter and not immediately threatened me and escalated the matter
I understand customer serviceMy cigar shop has been in business for over years and I am the General Manager for the Original Morton's Steakhouse and have been here for over yearsI would never call someone names or threaten themI hope this answers your questions and concerns regarding this complaint and that you realize it is all a scamIf you need any further information, please feel free to contact me via email or phoneMy cell phone number is (XXX) XXX-XXXXI look forward to a quick and fair resolution of this matter
Sincerely,
***
Initial Consumer Rebuttal /* (3000, 7, 2014/06/02) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This is not an unsubstantiated claim, I called a day later not a week later as he falsely claim in his responseI also never raised my voice it was him who raised his voice and hung up on me not once but timesHe also, looked up my name and insinuated that he now knows who I am and then began to slander my cultureSaying "Your Indian, I've dealt with customers like you."
I not only mentioned that I'd be happy to send photos but also bring the lighter back to the shop, he said no that he would not accept so this is another claim in his response that he was open to resolving the issue if I had brought the product back
This product was used, another claim is that I insisted on having the lighter filled in front of meWhen the lighter was purchased the owner asked if I'd like it filled to which I said yes that'd be greatI was not given the opportunity to inspect it only after the fact when I was going to pack it as a gift to someone did I notice all the scratches and small dents aswell as the black powder inside the case
A major issue that I never brought up is that this owner never warned me prior to filling the lighter that if it is filled there is no returnHad I been told this prior to the lighter being filled I would have opted to not have it filled as it was a gift to someone and not for myself
I am stuck with a used lighter that I was not able to gift to someone because that would be wrong to gift a used item just like it's wrong to sell a used product as new
I would like a refundThe lighter has not been touched since it was purchasedI do not smoke so have no use for it
To add to my last responseThe owner is lying when he says he did not tell me to 'go to ***' and when he says he did not call me namesAlso, it's a lie that I raised my voice, he did and then someHe did do this, it's amazing that this man has no ethicsHe sells me a used item then lies about the fact that he did slander not only my culture but called me names as-well
I'd be happy to speak directly with you all if you have any followup questions or concernsNo one should be in the position I was inI have my phone records I can provide along with the date of purchase so you can yourself see that he is lying
Final Business Response /* (4000, 9, 2014/06/11) */
***
This is becoming ridiculousIt's obvious from his previous Yelp comments that he shops online and probably found something cheaperThe only reason I even mentioned his heritage was because I saw his name on the caller ID and I'M INDIAN also! I never disparaged his culture in the same sentenceWhy would I make fun of my own people?! I made notice of his culture to try to gain some common ground with him, and after he yelled at me I told him I have dealt with customers like him (rude people that attempt to bully and threaten me with Yelp reviews and Revdex.com filings, all the while raising his voice in the process)
This is more trouble than it's worthIf he admits I didn't sell him a used lighter (I didn't), and that he simply wants a refund for something he can't use, I will give him his money backWhat's fair is fairHe shouldn't be rewarded for bad behavior and I only ask he makes things right and I will do the same in return
Thank you for your understanding regarding this matterI know you're not allowed to take sides, so I appreciate your handling of the situation
Sincerely,
***
Final Consumer Response /* (4200, 11, 2014/06/12) */
(The consumer indicated he/she DID NOT accept the response from the business.)
"It's obvious from his previous Yelp comments that he shops online and probably found something cheaper."
My Response to this: This assumption is not only not true but tells a story of it's own in that this guy makes stuff up to cover what he's done wrongTo correct, as mentioned before I do not smoke and have zero use for a lighterSo, no I didn't find another lighter online nor did I even look for oneAlso, I only signed up for Yelp that day to let people know how terrible my experience was with this shop and the ownerNot to mention to make others aware of the fact that this shop sold me a used product
"I made notice of his culture to try to gain some common ground with him, and after he yelled at me I told him I have dealt with customers like him (rude people that attempt to bully and threaten me with Yelp reviews and Revdex.com filings, all the while raising his voice in the process)."
My response: When should a business owner ever, ever make an assumption and call out ethnicity over the phone to a customer? NeverNot only did he do this but he did not do it to gain common ground with me he did it in a derogatory way and intentionallyAlso, again I never raised my voice once as this person keeps saying I did, it was him that escalated the situation to which I responded that I would post a review online and write the Revdex.comWhich I did
"If he admits I didn't sell him a used lighter (I didn't), and that he simply wants a refund for something he can't use, I will give him his money back."
My response: The lighter was and had been used and it was sold to me as newI speak the truth and will not lie for the sake of getting money back
"He shouldn't be rewarded for bad behavior and I only ask he makes things right and I will do the same in return."
My response: Say what?! This shop owner needs to take a dose of his own medicine and maybe read what he wrote to himself
Again, I haven't touched the lighter since taking the pictures after I saw that there were small dings and black marks on the inside before trying to pack it as a gift for someoneI am not satisfied with this owners response in giving me an ultimatum to lie for the sake of getting a refund
I will except a refund with NO conditions that I lie to satisfy his ego