We are sorry that the client is not satisfied; it is always our goal to make sure we have done all that we can do to provide the client exactly what was promised We understand that sometimes what a company thinks is acceptable is not what the client considers acceptable and the two sides disagree on how it should be resolved Our communications show that the client received the goods and services as provided in the contract that was signed and executed We show that we have connected with the client not only in the course of completing an advertising campaign, but reached out numerous times in trying to resolve the issue with the store We have tried to negotiate with the client, but she remains adamant that she will only accept a full refund; a one-sided solution that is not fair nor is it equitable We are able to work with the client to provide advertising, we do not offer a refund on services that were provided
Complaint: I am rejecting this response because:Gentlemen, 6/1/16I can understand that StarKart claims they had no control over the ad placement, but the non performance reflects on Starkart not on some third partyI paid starkart to make the placement according to the contract and never once was I impressed, satisfied or even pleased with the performance of StarkartI was let down and very disappointed from the very beginningStarkart had plenty of opportunity to correct the issue, but as usual acted as if they had integrity on the phone and after a short time I had to get my bearing and prepair myself for constant disappointmentI acknowledge they offered me more ads because they acknowledged they failed to deliver what was agreed in the contractI never received any additional ads so I don’t see where they incurred extra expensesIf you look at the pictures they furnished that photo depicts carts if you count the grab rail on eachThe schedule states carts which never happened that I had carts at any given timeThe contract failed to have language in reference to me not having any ads during the holidaysX-Mass and Thanksgivng when people or more apt to shopI bought the ad campaign only to ensure I had all the carts, for the entire duration and during the peak times of the national holidays and to my dismay I had absolutely noneI am distraught that I was mis led by StarkartThey still are claiming that they have no control over national campaigns StarKart shouldn’t have the right to advertise that they have the availability to sell the ad slot if they don’t, just another example of how mis leading StarKart isA reputable company would have delivered according to the contract, would have had black out dates, would have delivered above and beyond if they realized there was a shorfallIt has been an ongoing dispute since October In reading the Starkart response I believe that they feel the excuses they are using to defend their character here now are the same empty excuses of how they don’t and wont feel professionally responsible for their failure in delivering the contract termsBusiness as usual for Starkart and for those agencies who think or feel that this is an acceptable standard of practise is exactly why the Better Business Beurea should be notifiedIn sight of and in light of all that has happened I am at the loosing end regardless because I have been inconvenienced, shorted, insulted, challenged and mis led by Starkart.I appreciate that StarKart is stating I don’t owe them anything feel that StarKart should refund me the $1,that they took from me because as you can clearly see I only got grief and turmoil added to my already busy scheduleStarKart failed me in so many ways, but they get to keep my money?I did not get the advertisements as stated in the contract and on the last schedule depicted through February I visited the store every month and have ZERO ads for January, February, March or AprilSo just to recap October was a disaster, the two months of national holidays I had ZERO advertisements.So you buy a car and when they deliver it there are no tires, no seats they call to say they are sorry and later that its all fixed...now there are two tires and one seatThey call to say sorry we will give you a paint job? They never deliver the other seat or tire...And they want to offer a paint job? They never deliver again anythingThen they take it car away and expect I am going to let them keep my moneyThis company has INTEGRITY??I know in my heart that this is not good businessI know because I am a professionalI would never suggest anyone who is looking for a reputable outstanding advertisement company with integrity to use StarKart.I was scammed by StraKart, and this answer with frivolous excuses are all a continuation of the scam to not have to refundStarKart should be ashamed of their performance and not take up the time of this agency to continue its inability to recognize they have failed on every level.I want a refund of $[redacted] Regards, [redacted]
We sincerely apologize to our customer for this frustrating situation Our contract does indeed say “each advertising space purchased provides Advertiser ad placement on 15% of the serviceable shopping carts (slots) in one location on one side of the SmartSource frame.” Although, we cannot guarantee placement of the ad on the cart, the advertiser did receive 15% of one side of the cart Unfortunately, the installers put the other 15% on the other side of the cart, which in many cases would have been fine if the advertiser found this to be acceptable The advertiser did inform the customer service department that this was not acceptable to him and we acknowledged the responsibility to make this right for the advertiserWe did correct the problem by extending an additional 15% to the advertiser, thus giving him 30% on one side and 15% on the other for the remaining cycles, as well as extending the service for more cycles to cover the cycles that were not installed to the advertiser wishesThe carts in a grocery store move constantly, from the front of the store, to the parking lot and down the street, to the back of the store, moving in the store with customers and some are taken out of service, while others are replaced with new carts, etc The number of carts with ads in the slot are determined by the number of serviceable carts in the store at the time they are installed Starkart will always fix any installation problems brought to our attention by the customer and we will continue to so for as long as it takes to satisfy the customer and the customer will always receive exactly what they purchased Where we are unable to provide or fix the installation issue Starkart does offer a partial or full refund depending on the circumstancesAs time is of the essence, we do want to acknowledge that we have reached out to the customer with a compromise offer to restart his advertising campaign at the store he is currently in or by moving his ad to another store of his choice where we can provide 45% coverage of his campaign for another full cycles at no cost to himStarkart has also offered a partial refund even though we were able to fix and install the ads in the store now by providing additional space and extending the services We do expect to resolve this situation with him in whichever manner he decides
We are sorry that the customer is rejecting our response and that she feels we are not reputable We feel that we have provided the services as agreed to in the contract We did give the customer additional space and doubled the ads by placing the ads on the front and back of each available cart at our cost We have a signed affidavit by the company that installed the ads and the pictures taken of those ads The affidavit and the photographs that we sent to the credit card company provided by a third party confirmed that we did provide servicesThe customer notes that her report shows that her ads were not installed, however, that report and photos were not included in her rejection letter We did receive photos from the customer of a national campaign that was installed, at a time that her ads should have been on the carts, unfortunately, we do not have control over National campaigns, but we did apologize to the customer and did extend her campaign additional cycles to compensate her for the inconvenience of that one cycleThe final payment was not received from the customer and we have credited that amount to her account No other payments have been forfeited We stand by our work, we are reputable and do provide the services contracted As we did provide services, as well as incurred additional costs for the extra spaces and ads, we are unable to provide the customer with any refund
I’m sorry there is a misunderstanding about the type of contract that the customer entered into; this is a business to business contract for advertising and the first term on the contract, which the customer reviewed with the sales rep states that the contract is non-cancellable. It is not a consumer contract with special cancellation guarantees to a consumer of a “3-day cooling off period”. Nevertheless, the customer did not cancel in the period that she claims in her original statement and in fact did not even meet the requirements of the consumer protection law for Kentucky We also apologize that the customer feels that the sales rep was rude; there is no excuse for rude behavior or strong arm tactics with customers. However, our records do not indicate that she spoke to the sales rep or office, except for the presentation of the product, the next day to verify the credit card given for the down payment, a welcome call to the customer and the call where the customer informed the sales rep that she wanted to cancel, and he tried to help the customer by giving her options when she revealed that she had an unexpected expense and offered to reduce the contract and change the number of payments to help. She promised to call back to see what she could do and she was told that the contract would continue in production as is unless she did; she did not call backWe did not commit fraud, the customer spoke to her credit card company to fix the issue with the down payment. She did not find her ads in the store because she refused to approve her ad when it was sent to her in May, so that her ad could be processed and printed and installed in the store on the installation date. She is right that we never received art or logo from her even though we have her email confirming with the graphic artist that she would send the art and logo in soon and several follow up emails from graphics letting her know we needed the art work or we could make an ad for her I really don’t know what to make of these accusations that are untrue, except to say that obviously something happened. No one can afford to be scammed including us. Her contract has been cancelled and we will not take any further payments from this customer
Complaint:
I am rejecting this response because: Yes please, this was my last contact with them. The VP did call me back AFTER I left this review, called the office twice and left a review with the BB. not sure how advertising a list of homes for sale on my ad and Realtor.com advertising a list of homes for sale is not competing?I absolutely was promised to have 80% of the carts and the other 20% promotion for Bed Bath and Beyond production (also stated again in an email from J***) After my conversation with the VP he did offer to extend my cycle - I chose not to accept for one reason The terrible customer service I have received this far (this started in July, it is now October) I asked for a refund since as stated before (Competing Ads ran against mine, not the correct ratio in the store (I counted), not the correct ad ran)The VP refused - so I told him I would be looking into small claims - which I will as soon as I have time to get the proof in order and have them served. The VP did say that he could alter the ad to be what I wanted - however I never approved the current ad in the store and the starkarts graphics dept is the one telling me it's not possible So they altered my last proof that I did not approve and stuck it in the store.
Regards,
S*** ***
Advertising on carts is a wonderful and inexpensive means,
especially for industries such as realtors, to make themselves known to the
community. Starkart sells advertising space
available on the serviceable carts that are in the store based on the inventory
and list provided to us by our
vendor. Advertising space purchased may be on the
front or inside of the cart and may include other advertisers in the same
industry. All stores, and certain chain
stores in particular, may have their own rules regarding who, when and how cart
advertising will be handled, which we understand and work with the store and
our vendor to get the best possible presentation for our client.
Many of the chain stores run national marketing campaigns
for certain industries and unfortunately, sometimes these campaigns may interfere
with our client’s own advertising.
Although, Starkart may not have been aware of it at the time, as was the
case here, Starkart will contact the store and notify our client as to what
happened, what our options are and what Starkart will do for the client. The client will always be given the
advertising that they purchased, which may result in their contract being extended
at no additional cost to the client where there was a disruption in the service
or a reduction in the number of ads purchased The client was offered an extension to
compensate for the 1- four week cycle for the national campaign for Realtor.com,
which she refused and demanded a refund because Realtor.com was a major competitor. It should be noted that this client is a
member of Realtor.com and as the client said in her complaint, her ads ran
alongside this national campaign at the same time; imagine the exposure. This client did not have “exclusive” rights,
which means that any additional realtor could appear on the carts, however in
this case, it was not just another realtor it was the national organization for
a limited campaign
This is a business to business contract for advertising and
is non-cancelable. The terms of the
contract allow the client to submit ad copy for each 4-week cycle, but the ad
must conform to the size and style allowed by the chain and the terms allow
Starkart to make this determination for any reason Terms of the contract allow Starkart to adjust
the schedule and installation where necessary.
The client acknowledges when signing the contract that there may be a
reduction in the number of ads on the carts due to unforeseen circumstances,
that the client is not exclusive, and that none of the reasons as stated by the
client in her complaint constitute a breach of contract, which is why the client
lost the credit card dispute.
Starkart hopes that all clients would be pleased with the
results of their campaign. Where there
are issues, Starkart tries to work with the client to resolve those
issues. The ads were created, printed
and installed for all cycles purchased and the client refused the extension
of the contract or to work with us, therefore, the client is not entitled to a
refund
Complaint:
I am rejecting this response because:I realize they have canceled my contract which is desired but I would like to get the refund of my 3030.00the credit card company said I have to get it directly from the company. I haven’t gotten zero use of their product
Regards,
M*** ***
P*** is correct that StarKart, as a company, does care about corporate ethics and acting in a responsible and equitable manner. To that end we are committed to understanding what the client is saying, what transpired during the transaction and how this simple business transaction went from
an amicable business agreement that included referrals to other business partners to a complaint to the Revdex.com from someone who identifies that he has Power of Attorney and then escalates to threats of NC and CA Attorney General office, and the Federal Consumer Financial Protection BureauIn other words, “what the heck happened”StarKart does not condone or encourage ISO’s to provoke offending or predatory behavior at any time with clients. Robbins Media, has a reputation of fairness and transparency in the industry and these complaints against them seemed to be contradictory to the years of service they have provided to StarKart, as an independent sales organization. After speaking directly to the president of Robbins’s Media, who was also at a complete loss as to why the complaint was filed, provided me with the notes from the vice-president of what transpired, as well as the email trail between B***, to Connie and then Mary, to understand what occurred regarding the issues identified in the complaintI believe that perhaps there is some confusion surrounding the “exclusive addendum” with Mary and Connie, so I hope I can help explain this in satisfactory mannerThe contract for advertising was reviewed with each party, as part of the presentation, except for the request to be “exclusive”. The “exclusive addendum” is a separate agreement and is not usually available at the time of presentation because it does require to be verified that “exclusive” can be offered in the requested location. In some of the locations, there are more than one vendor selling advertising space on different parts of the cart and since the standard exclusive addendum addresses all grocery store ads, as well as other retail outlets, some of which we have exclusivity and others do not, it is verified, filled out and presented separately if “exclusivity” can be offeredThe “exclusive addendum” sent was the standard addendum. David did correctly state that both Mary and Connie would be exclusive in the particular locations they chose, as StarKart is the only vendor in these locations I did learn that Connie informed David that she was not happy with the wording of the “exclusive addendum” and although he did tell her that he wasn’t able to change the wording on the addendum, he would get something to her in writing to assure her that she would be exclusive. David spoke with his manager that same morning, who sent an email on 6/28/to Connie letting her know that she would be exclusive and that the form sent covers all supermarket chains, but in the location that she chose, StarKart is the only vendor selling local advertising space and she would be exclusive On July 5th, B*** received a reply from Mary who wrote that “We were a little perplexed as we entered this agreement paperwork and program unseen and when the paperwork arrived in our emailedIt spelled out terms different than we were told by DavidWe will correspond with youtomorrow.” However, there wasn’t any further correspondence from Mary or Connie except a complaint filed on their behalf by P*** KavanaughWe definitely hope to be able to work this out with the clients, as we do not want to lose their business or goodwill. I will call Mary and Connie to confirm that P*** indeed has Power of Attorney to speak on their behalf as he is not a party to the contract and would otherwise have no standing in the matter and to understand why they felt that they needed someone else to speak on their behalf when Mary said she would get back to B***My understanding from the notes and email is that this was the only term that was mentioned to David and to B*** that they were unhappy with and we can assure both Connie and Mary that they would be exclusive in the locations that they chose. We sincerely hope that our firm commitment to them would assuage any misunderstanding or uncertainty about Robbins Media. We sincerely apologize for any behavior or attitude that would suggest anything other than a professional and courteous relationship to our clients
Complaint:
I am rejecting this response because:Services were not provided as explained: Ratio of carts advertised were not correct Advertised with a large competitor Put an ad up that was not approvedTheir only remedy was to advertise longerI do not want advertise with them because I do not want to continue to audit their work for another months - I am the one the had to tell them about the competitor and the incorrect ratioThey do not correct the problems when raised as I did the early on in my advertising cycle only after serval complaints and a demand from my credit card company did they offer a longer advertising cycle - I would like a refund due to the contract being broken and services NOT provided I would prefer to never deal with them again - not advertise with them longer!
Regards,
S*** ***
Complaint: 11450570
I am rejecting this response because:I have enclosed a letter from my credit card company. They reviewed the pictures I sent and realized that StarKart failed to deliver the ad as agreed by the contract. I have been awarded half the money back and I can also show where it was put into my account. Starkart keeps sending copies of the contract and I don't deny signing it thinking they were reputable but if you look at my report. You can see that those are not my ads. I sent a report for every month and there was never satisfaction on my part.
Regards,
[redacted]
Dear Revdex.com & Starkart:
On 7/18, both M[redacted] and C[redacted] received both a refund and contract voidance from Starkart, as requested. This is to provide a congenial and affirmative reply to the Revdex.com concerning a favorable resolution in this matter. When made aware of the totality of the circumstances surrounding the facts at hand, Starkart pursued the honorable course of action, and provided both a refund and voidance of contract to the two parties involved. We thank Starkart for this prompt action and in particular, want to recognize both the sincerity and consummate professionalism of Bonnie Eubanks. Throughout all interactions, she exemplified said characteristics and assisted in achieving the resolution sought. We appreciate Starkart's attention to this matter and the ensuing remedial measures sought; obviously in keeping both with their dedication to honest interaction and overall fairness, as well as their current Revdex.com rating. Thank you, to both Starkart and the Revdex.com.
Best Regards,
P[redacted]
We are sorry that the client is not satisfied; it is always
our goal to make sure we have done all that we can do to provide the client
exactly what was promised. We understand
that sometimes what a company thinks is acceptable is not what the client considers
acceptable and the two sides disagree on how it should be resolved. Our communications show that the client
received the goods and services as provided in the contract that was signed and
executed. We show that we have connected
with the client not only in the normal course of completing an advertising
campaign, but reached out numerous times in trying to resolve the issue with
the store. We have tried to negotiate
with the client, but she remains adamant that she will only accept a full
refund; a one-sided solution that is not fair nor is it equitable. We are able to work with the client to
provide advertising, we do not offer a refund on services that were provided.
We were shocked by the advertiser’s claims that the corporate office would not allow this type of advertising. We have numerous clients from this franchise that advertise with us all over the country and we have never had any corporate office not allow this type of advertising, especially for...
real estate agents since this is one of the most popular and successful choices for real estate advertising. In addition, we do not understand why the advertiser chose to file complaint as we just learned of this situation on Monday in an email sent to our graphics department and the national director spoke with the advertiser just yesterday, the day the complaint was posted. No decision was made with the advertiser and cannot be made until we speak with the corporate office, as to why this would be an issue for this advertiser alone. This contract has been in place since May 19th, almost 30 days ago and this is the first we are hearing of this situation. We are responding to the complaint, as time is of the essence in answering any complaint from the Revdex.com, that we have not yet had the opportunity to reach out to the sales organization that sold the advertising or to discuss the situation with the corporate office. Until we find out the facts, we are unable to process a refund. In addition, we were notified today, that the advertiser has filed a credit card dispute on the down payment, which would also prevent us from authorizing a refund. We are definitely researching this situation and will reach out to the advertiser as quickly as we can. We apologize for the inconvenience, but as this is a first for us, we must follow through for the benefit of all parties concerned.
We are sorry that the customer is rejecting our response and that she feels we are not reputable. We feel that we have provided the services as agreed to in the contract. We did give the customer additional space and doubled the ads by placing the ads on the front and back of each available cart at our cost. We have a signed affidavit by the company that installed the ads and the pictures taken of those ads. The affidavit and the photographs that we sent to the credit card company provided by a third party confirmed that we did provide services. The customer notes that her report shows that her ads were not installed, however, that report and photos were not included in her rejection letter. We did receive photos from the customer of a national campaign that was installed, at a time that her ads should have been on the carts, unfortunately, we do not have control over National campaigns, but we did apologize to the customer and did extend her campaign 2 additional cycles to compensate her for the inconvenience of that one cycle. The final payment was not received from the customer and we have credited that amount to her account. No other payments have been forfeited. We stand by our work, we are reputable and do provide the services contracted. As we did provide services, as well as incurred additional costs for the extra spaces and ads, we are unable to provide the customer with any refund.
The contract in question for advertising is a business to business transaction. Our findings show that the customer spoke to a sales rep, sat through the presentation and authorized the advertising campaign. The sales rep did not forge her signature on the contract, the customer...
authorized the sale by giving her credit card information to the sales rep. The customer gave the credit card information to the rep, he did not steal it or threaten the customer for this information. The customer was fully aware of the campaign and by her own free will entered into a valid contract. Our records and the attachment sent by the customer on the complaint indicate that the customer did not cancel the contract the same day, as she states, but several days later after the payment was processed and the campaign was in process. The contract was entered into on 4/25/16 at 12:43 pm. The down payment was first processed on 4/25/16 at 1:52 pm. The credit card declined. The sales organization contacted the customer who then authorized the reprocessing of the credit card. It was processed a second time on 4/26/16 at 8:50 am and was successful. The customer would have received a credit card receipt indicating the payment had processed, as soon as it was entered into the system. The customer did not call Starkart or the rep after receiving her receipt that she wished to cancel. The sales rep did not call the customer the next day after the sale, except to confirm the credit card information. The customer could have spoken with the sales office at that time about canceling, she did not. When the customer did send her email to cancel the contract several days later, it was explained to her that the contract was non-cancelable per term A of the contract, the very first term on the contract. The contract was provided to her at the time of sale, as well as sent to her when the “Welcome” email was sent. When the sales rep was made aware that the customer wanted to cancel he called her to discuss the contract and she told the rep that she needed $1,500 for a medical procedure. The rep offered to modify her payment plan to accommodate this unexpected expense. She told the rep that she needed to look into a few things and would call back. The rep explained to the customer that he needed to hear back from her by the next day or the contract would continue to move forward as submitted. The customer never called back. The manager called her upon receiving her email about the cancellation from the graphics department and she did not remember the “medical procedure” or the request to call back, but insisted that she had cancelled. This campaign is a reservation process and the space for the advertising was reserved based on her promise to pay. The graphic artist hired to prepare the ad for the advertising did so with the information that was provided to Starkart. The graphic artist did not use stolen property to prepare the ad and the graphic artist sent the link to the customer to review the ad copy. The graphic artist was not aware of any cancellation until the customer informed her that she did not want the ad and would not approve it. I understand that no one likes bullying or aggressive behavior, it is intimidating for any business to use these kinds of tactics to get someone to buy. However, this customer entered into a legitimate contract for advertising and the sales rep was paid his commission based upon the payment information that was provided to Starkart and was also confirmed by the customer on the day after she entered into the contract. Starkart did nothing wrong here, except to reiterate the terms of the contract to the customer, and we did not find any wrong doing by the sales rep or his manager. But we do find that this customer was not honest and entered into an agreement to pay for advertising and then changed her mind. Starkart cannot cancel this contract, the cancellation must be approved by the sales organization that she engaged for the advertising and they are unwilling to do so because the customer has not been honest in this process. This should have been taken care of the very first day and at the very least when the opportunity presented itself at the time the original credit card payment declined; that did not happen. Therefore, the customer will need to work it out with the sales organization.
The customer is seeking a refund resolution based on a guarantee or warranty issue of her interpretation of an “implied contract”. However, the contract the customer is referring to is NOT an implied contract but an “express contract” establishing the terms and agreement in a written contract,...
which the customer agrees further down in her complaint that she signed. We do acknowledge that the customer has contacted Starkart, her rep and spoken to the executive vice-president of the company to complain about her ads. Although, the complaints she called about are not the complaints she notes in her letter to the Revdex.com. In addition, this customer has filed numerous complaints with her credit card provider from the very beginning of her contract alleging breach of contract before she was even set to be installed. None of the credit card disputes have been reversed by the credit card provider as her complaints were unfounded. The written contract and the Welcome email sent to the customer once her contract was accepted by Starkart establishes the dollar amount of the contract, the payment terms, the amount of each payment, what the customer purchased, the start date of installation, the percentage number of carts purchased and the length of the contract. The contract states where the ads will be installed, that the customer acknowledges that she has not relied upon any promise or statement made outside of the contract, and that the actual start date may vary from the target date. Nowhere in the contract does it guarantee a certain number of carts or ads to be installed, but in every instance, refers to a percentage of the available carts in the store. All of the aforementioned terms were met by Starkart. Starkart tried very hard to satisfy the requests of the customer by giving the customer additional space in cycles 12 and 13, as well as doubling the percentage of the ads to be displayed on both sides of the contracts instead of just the one side purchased by the customer in cycle 1 and 2, and sending auditors to the store and taking pictures of the ads. It didn’t matter, this customer was not happy and she was not happy from the beginning. Starkart believes that the services have been provided and rendered properly per the terms of the contract. Conversely, the customer did breach her contract by failing to make her final payment thus causing Starkart harm as the customer was provided the advertising in the contract, Starkart paid all of the vendors related to the fulfillment of the contract and Starkart did not receive the final payment of the contract. In addition, although our contract with the grocery stores, etc, do allow for blackout dates, we are not aware of any blackout dates for this store that interfered with this customer’s ads. In fact, we provided the customer with photos for the November ads and provided an audit in December. We also note that the customer’s ads ended March 20th, so I’m not sure why she was auditing the store in April. In summary, this customer has tried to cancel her contract from the beginning, before she was even set to be installed. Starkart has provided the services per the written contract. The customer is in breach of contract for failure to make her last payment. Therefore, no refund is warranted.
Complaint: 11450570
I am rejecting this response because:Gentlemen, ...⇄ 6/1/16I can understand that StarKart claims they had no control over the ad placement, but the non performance reflects on Starkart not on some third party. I paid starkart to make the placement according to the contract and never once was I impressed, satisfied or even pleased with the performance of Starkart. I was let down and very disappointed from the very beginning. Starkart had plenty of opportunity to correct the issue, but as usual acted as if they had integrity on the phone and after a short time I had to get my bearing and prepair myself for constant disappointment. I acknowledge they offered me more ads because they acknowledged they failed to deliver what was agreed in the contract. I never received any additional ads so I don’t see where they incurred extra expenses. If you look at the pictures they furnished that photo depicts 20 carts if you count the grab rail on each. The schedule states 60 carts which never happened that I had 60 carts at any given time. The contract failed to have language in reference to me not having any ads during the holidays. X-Mass and Thanksgivng when people or more apt to shop. I bought the ad campaign only to ensure I had all the carts, for the entire duration and during the peak times of the national holidays and to my dismay I had absolutely none. I am distraught that I was mis led by Starkart. They still are claiming that they have no control over national campaigns. StarKart shouldn’t have the right to advertise that they have the availability to sell the ad slot if they don’t, just another example of how mis leading StarKart is. A reputable company would have delivered according to the contract, would have had black out dates, would have delivered above and beyond if they realized there was a shorfall. It has been an ongoing dispute since October 2015. In reading the Starkart response I believe that they feel the excuses they are using to defend their character here now are the same empty excuses of how they don’t and wont feel professionally responsible for their failure in delivering the contract terms. Business as usual for Starkart and for those agencies who think or feel that this is an acceptable standard of practise is exactly why the Better Business Beurea should be notified. In sight of and in light of all that has happened. I am at the loosing end regardless because I have been inconvenienced, shorted, insulted, challenged and mis led by Starkart.I appreciate that StarKart is stating I don’t owe them anything…. feel that StarKart should refund me the $1,860 that they took from me because as you can clearly see I only got grief and turmoil added to my already busy schedule. StarKart failed me in so many ways, but they get to keep my money?I did not get the advertisements as stated in the contract and on the last schedule depicted through February I visited the store every month and have ZERO ads for January, February, March or April. So just to recap October was a disaster, the two months of national holidays I had ZERO advertisements.So you buy a car and when they deliver it there are no tires, no seats… they call to say they are sorry and later that its all fixed...now there are two tires and one seat. They call to say sorry we will give you a paint job? They never deliver the other seat or tire...And they want to offer a paint job? They never deliver again anything. Then they take it car away and expect I am going to let them keep my money. This company has INTEGRITY??I know in my heart that this is not good business. I know because I am a professionalI would never suggest anyone who is looking for a reputable outstanding advertisement company with integrity to use StarKart.I was scammed by StraKart, and this answer with frivolous excuses are all a continuation of the scam to not have to refund. StarKart should be ashamed of their performance and not take up the time of this agency to continue its inability to recognize they have failed on every level.I want a refund of $1860.[redacted]
Regards,
[redacted]
We sincerely apologize to our customer for this frustrating situation. Our contract does indeed say “each advertising space purchased provides Advertiser ad placement on 15% of the serviceable shopping carts (slots) in one location on one side of the SmartSource frame.” Although, we...
cannot guarantee placement of the ad on the cart, the advertiser did receive 15% of one side of the cart. Unfortunately, the installers put the other 15% on the other side of the cart, which in many cases would have been fine if the advertiser found this to be acceptable. The advertiser did inform the customer service department that this was not acceptable to him and we acknowledged the responsibility to make this right for the advertiser. We did correct the problem by extending an additional 15% to the advertiser, thus giving him 30% on one side and 15% on the other for the remaining cycles, as well as extending the service for 2 more cycles to cover the cycles that were not installed to the advertiser wishes. The carts in a grocery store move constantly, from the front of the store, to the parking lot and down the street, to the back of the store, moving in the store with customers and some are taken out of service, while others are replaced with new carts, etc. The number of carts with ads in the slot are determined by the number of serviceable carts in the store at the time they are installed. Starkart will always fix any installation problems brought to our attention by the customer and we will continue to so for as long as it takes to satisfy the customer and the customer will always receive exactly what they purchased. Where we are unable to provide or fix the installation issue Starkart does offer a partial or full refund depending on the circumstances. As time is of the essence, we do want to acknowledge that we have reached out to the customer with a compromise offer to restart his advertising campaign at the store he is currently in or by moving his ad to another store of his choice where we can provide 45% coverage of his campaign for another full 6 cycles at no cost to him. Starkart has also offered a partial refund even though we were able to fix and install the ads in the store now by providing additional space and extending the services. We do expect to resolve this situation with him in whichever manner he decides.
Complaint: 11457207
I am rejecting this response because:Just now saw this email that they even replied. I did have a medical procedure that was 2000.00They never told me I couldn't cancel. I also didn't physically sign a contract they signed it electronically. I emailed them to cancel they called and were very forceful and rude on many occasions. My attorney told me to not speak to them anymore after the 3rd phone call. I have been nothing but honest. My credit card marked it as fraud and yes I did tell company at first I made purchase. Which was true. With medical procedure and having a high medical deductible. and going to into store that has not a single ad on front of cart.....I felt like I bought a big lie.....there is no Starkart ads on front of carts at this location. I cannot afford to be scammed and I can't afford this product. My health comes first. Not telling someone it isn't cancelable and then their signing it and not allowing you to change your mind before any art work or work done isn't okThey never received art or logo or photos from me, ever. I didn't sign anything.
Regards,
M[redacted]
We are sorry that the client is not satisfied; it is always our goal to make sure we have done all that we can do to provide the client exactly what was promised We understand that sometimes what a company thinks is acceptable is not what the client considers acceptable and the two sides disagree on how it should be resolved Our communications show that the client received the goods and services as provided in the contract that was signed and executed We show that we have connected with the client not only in the course of completing an advertising campaign, but reached out numerous times in trying to resolve the issue with the store We have tried to negotiate with the client, but she remains adamant that she will only accept a full refund; a one-sided solution that is not fair nor is it equitable We are able to work with the client to provide advertising, we do not offer a refund on services that were provided
Complaint: I am rejecting this response because:Gentlemen, 6/1/16I can understand that StarKart claims they had no control over the ad placement, but the non performance reflects on Starkart not on some third partyI paid starkart to make the placement according to the contract and never once was I impressed, satisfied or even pleased with the performance of StarkartI was let down and very disappointed from the very beginningStarkart had plenty of opportunity to correct the issue, but as usual acted as if they had integrity on the phone and after a short time I had to get my bearing and prepair myself for constant disappointmentI acknowledge they offered me more ads because they acknowledged they failed to deliver what was agreed in the contractI never received any additional ads so I don’t see where they incurred extra expensesIf you look at the pictures they furnished that photo depicts carts if you count the grab rail on eachThe schedule states carts which never happened that I had carts at any given timeThe contract failed to have language in reference to me not having any ads during the holidaysX-Mass and Thanksgivng when people or more apt to shopI bought the ad campaign only to ensure I had all the carts, for the entire duration and during the peak times of the national holidays and to my dismay I had absolutely noneI am distraught that I was mis led by StarkartThey still are claiming that they have no control over national campaigns StarKart shouldn’t have the right to advertise that they have the availability to sell the ad slot if they don’t, just another example of how mis leading StarKart isA reputable company would have delivered according to the contract, would have had black out dates, would have delivered above and beyond if they realized there was a shorfallIt has been an ongoing dispute since October In reading the Starkart response I believe that they feel the excuses they are using to defend their character here now are the same empty excuses of how they don’t and wont feel professionally responsible for their failure in delivering the contract termsBusiness as usual for Starkart and for those agencies who think or feel that this is an acceptable standard of practise is exactly why the Better Business Beurea should be notifiedIn sight of and in light of all that has happened I am at the loosing end regardless because I have been inconvenienced, shorted, insulted, challenged and mis led by Starkart.I appreciate that StarKart is stating I don’t owe them anything feel that StarKart should refund me the $1,that they took from me because as you can clearly see I only got grief and turmoil added to my already busy scheduleStarKart failed me in so many ways, but they get to keep my money?I did not get the advertisements as stated in the contract and on the last schedule depicted through February I visited the store every month and have ZERO ads for January, February, March or AprilSo just to recap October was a disaster, the two months of national holidays I had ZERO advertisements.So you buy a car and when they deliver it there are no tires, no seats they call to say they are sorry and later that its all fixed...now there are two tires and one seatThey call to say sorry we will give you a paint job? They never deliver the other seat or tire...And they want to offer a paint job? They never deliver again anythingThen they take it car away and expect I am going to let them keep my moneyThis company has INTEGRITY??I know in my heart that this is not good businessI know because I am a professionalI would never suggest anyone who is looking for a reputable outstanding advertisement company with integrity to use StarKart.I was scammed by StraKart, and this answer with frivolous excuses are all a continuation of the scam to not have to refundStarKart should be ashamed of their performance and not take up the time of this agency to continue its inability to recognize they have failed on every level.I want a refund of $[redacted] Regards, [redacted]
We sincerely apologize to our customer for this frustrating situation Our contract does indeed say “each advertising space purchased provides Advertiser ad placement on 15% of the serviceable shopping carts (slots) in one location on one side of the SmartSource frame.” Although, we cannot guarantee placement of the ad on the cart, the advertiser did receive 15% of one side of the cart Unfortunately, the installers put the other 15% on the other side of the cart, which in many cases would have been fine if the advertiser found this to be acceptable The advertiser did inform the customer service department that this was not acceptable to him and we acknowledged the responsibility to make this right for the advertiserWe did correct the problem by extending an additional 15% to the advertiser, thus giving him 30% on one side and 15% on the other for the remaining cycles, as well as extending the service for more cycles to cover the cycles that were not installed to the advertiser wishesThe carts in a grocery store move constantly, from the front of the store, to the parking lot and down the street, to the back of the store, moving in the store with customers and some are taken out of service, while others are replaced with new carts, etc The number of carts with ads in the slot are determined by the number of serviceable carts in the store at the time they are installed Starkart will always fix any installation problems brought to our attention by the customer and we will continue to so for as long as it takes to satisfy the customer and the customer will always receive exactly what they purchased Where we are unable to provide or fix the installation issue Starkart does offer a partial or full refund depending on the circumstancesAs time is of the essence, we do want to acknowledge that we have reached out to the customer with a compromise offer to restart his advertising campaign at the store he is currently in or by moving his ad to another store of his choice where we can provide 45% coverage of his campaign for another full cycles at no cost to himStarkart has also offered a partial refund even though we were able to fix and install the ads in the store now by providing additional space and extending the services We do expect to resolve this situation with him in whichever manner he decides
We are sorry that the customer is rejecting our response and that she feels we are not reputable We feel that we have provided the services as agreed to in the contract We did give the customer additional space and doubled the ads by placing the ads on the front and back of each available cart at our cost We have a signed affidavit by the company that installed the ads and the pictures taken of those ads The affidavit and the photographs that we sent to the credit card company provided by a third party confirmed that we did provide servicesThe customer notes that her report shows that her ads were not installed, however, that report and photos were not included in her rejection letter We did receive photos from the customer of a national campaign that was installed, at a time that her ads should have been on the carts, unfortunately, we do not have control over National campaigns, but we did apologize to the customer and did extend her campaign additional cycles to compensate her for the inconvenience of that one cycleThe final payment was not received from the customer and we have credited that amount to her account No other payments have been forfeited We stand by our work, we are reputable and do provide the services contracted As we did provide services, as well as incurred additional costs for the extra spaces and ads, we are unable to provide the customer with any refund
I’m sorry there is a misunderstanding about the type of contract that the customer entered into; this is a business to business contract for advertising and the first term on the contract, which the customer reviewed with the sales rep states that the contract is non-cancellable. It is not a consumer contract with special cancellation guarantees to a consumer of a “3-day cooling off period”. Nevertheless, the customer did not cancel in the period that she claims in her original statement and in fact did not even meet the requirements of the consumer protection law for Kentucky We also apologize that the customer feels that the sales rep was rude; there is no excuse for rude behavior or strong arm tactics with customers. However, our records do not indicate that she spoke to the sales rep or office, except for the presentation of the product, the next day to verify the credit card given for the down payment, a welcome call to the customer and the call where the customer informed the sales rep that she wanted to cancel, and he tried to help the customer by giving her options when she revealed that she had an unexpected expense and offered to reduce the contract and change the number of payments to help. She promised to call back to see what she could do and she was told that the contract would continue in production as is unless she did; she did not call backWe did not commit fraud, the customer spoke to her credit card company to fix the issue with the down payment. She did not find her ads in the store because she refused to approve her ad when it was sent to her in May, so that her ad could be processed and printed and installed in the store on the installation date. She is right that we never received art or logo from her even though we have her email confirming with the graphic artist that she would send the art and logo in soon and several follow up emails from graphics letting her know we needed the art work or we could make an ad for her I really don’t know what to make of these accusations that are untrue, except to say that obviously something happened. No one can afford to be scammed including us. Her contract has been cancelled and we will not take any further payments from this customer
Complaint:
I am rejecting this response because: Yes please, this was my last contact with them. The VP did call me back AFTER I left this review, called the office twice and left a review with the BB. not sure how advertising a list of homes for sale on my ad and Realtor.com advertising a list of homes for sale is not competing?I absolutely was promised to have 80% of the carts and the other 20% promotion for Bed Bath and Beyond production (also stated again in an email from J***) After my conversation with the VP he did offer to extend my cycle - I chose not to accept for one reason The terrible customer service I have received this far (this started in July, it is now October) I asked for a refund since as stated before (Competing Ads ran against mine, not the correct ratio in the store (I counted), not the correct ad ran)The VP refused - so I told him I would be looking into small claims - which I will as soon as I have time to get the proof in order and have them served. The VP did say that he could alter the ad to be what I wanted - however I never approved the current ad in the store and the starkarts graphics dept is the one telling me it's not possible So they altered my last proof that I did not approve and stuck it in the store.
Regards,
S*** ***
Advertising on carts is a wonderful and inexpensive means,
especially for industries such as realtors, to make themselves known to the
community. Starkart sells advertising space
available on the serviceable carts that are in the store based on the inventory
and list provided to us by our
vendor. Advertising space purchased may be on the
front or inside of the cart and may include other advertisers in the same
industry. All stores, and certain chain
stores in particular, may have their own rules regarding who, when and how cart
advertising will be handled, which we understand and work with the store and
our vendor to get the best possible presentation for our client.
Many of the chain stores run national marketing campaigns
for certain industries and unfortunately, sometimes these campaigns may interfere
with our client’s own advertising.
Although, Starkart may not have been aware of it at the time, as was the
case here, Starkart will contact the store and notify our client as to what
happened, what our options are and what Starkart will do for the client. The client will always be given the
advertising that they purchased, which may result in their contract being extended
at no additional cost to the client where there was a disruption in the service
or a reduction in the number of ads purchased The client was offered an extension to
compensate for the 1- four week cycle for the national campaign for Realtor.com,
which she refused and demanded a refund because Realtor.com was a major competitor. It should be noted that this client is a
member of Realtor.com and as the client said in her complaint, her ads ran
alongside this national campaign at the same time; imagine the exposure. This client did not have “exclusive” rights,
which means that any additional realtor could appear on the carts, however in
this case, it was not just another realtor it was the national organization for
a limited campaign
This is a business to business contract for advertising and
is non-cancelable. The terms of the
contract allow the client to submit ad copy for each 4-week cycle, but the ad
must conform to the size and style allowed by the chain and the terms allow
Starkart to make this determination for any reason Terms of the contract allow Starkart to adjust
the schedule and installation where necessary.
The client acknowledges when signing the contract that there may be a
reduction in the number of ads on the carts due to unforeseen circumstances,
that the client is not exclusive, and that none of the reasons as stated by the
client in her complaint constitute a breach of contract, which is why the client
lost the credit card dispute.
Starkart hopes that all clients would be pleased with the
results of their campaign. Where there
are issues, Starkart tries to work with the client to resolve those
issues. The ads were created, printed
and installed for all cycles purchased and the client refused the extension
of the contract or to work with us, therefore, the client is not entitled to a
refund
Complaint:
I am rejecting this response because:I realize they have canceled my contract which is desired but I would like to get the refund of my 3030.00the credit card company said I have to get it directly from the company. I haven’t gotten zero use of their product
Regards,
M*** ***
P*** is correct that StarKart, as a company, does care about corporate ethics and acting in a responsible and equitable manner. To that end we are committed to understanding what the client is saying, what transpired during the transaction and how this simple business transaction went from
an amicable business agreement that included referrals to other business partners to a complaint to the Revdex.com from someone who identifies that he has Power of Attorney and then escalates to threats of NC and CA Attorney General office, and the Federal Consumer Financial Protection BureauIn other words, “what the heck happened”StarKart does not condone or encourage ISO’s to provoke offending or predatory behavior at any time with clients. Robbins Media, has a reputation of fairness and transparency in the industry and these complaints against them seemed to be contradictory to the years of service they have provided to StarKart, as an independent sales organization. After speaking directly to the president of Robbins’s Media, who was also at a complete loss as to why the complaint was filed, provided me with the notes from the vice-president of what transpired, as well as the email trail between B***, to Connie and then Mary, to understand what occurred regarding the issues identified in the complaintI believe that perhaps there is some confusion surrounding the “exclusive addendum” with Mary and Connie, so I hope I can help explain this in satisfactory mannerThe contract for advertising was reviewed with each party, as part of the presentation, except for the request to be “exclusive”. The “exclusive addendum” is a separate agreement and is not usually available at the time of presentation because it does require to be verified that “exclusive” can be offered in the requested location. In some of the locations, there are more than one vendor selling advertising space on different parts of the cart and since the standard exclusive addendum addresses all grocery store ads, as well as other retail outlets, some of which we have exclusivity and others do not, it is verified, filled out and presented separately if “exclusivity” can be offeredThe “exclusive addendum” sent was the standard addendum. David did correctly state that both Mary and Connie would be exclusive in the particular locations they chose, as StarKart is the only vendor in these locations I did learn that Connie informed David that she was not happy with the wording of the “exclusive addendum” and although he did tell her that he wasn’t able to change the wording on the addendum, he would get something to her in writing to assure her that she would be exclusive. David spoke with his manager that same morning, who sent an email on 6/28/to Connie letting her know that she would be exclusive and that the form sent covers all supermarket chains, but in the location that she chose, StarKart is the only vendor selling local advertising space and she would be exclusive On July 5th, B*** received a reply from Mary who wrote that “We were a little perplexed as we entered this agreement paperwork and program unseen and when the paperwork arrived in our emailedIt spelled out terms different than we were told by DavidWe will correspond with youtomorrow.” However, there wasn’t any further correspondence from Mary or Connie except a complaint filed on their behalf by P*** KavanaughWe definitely hope to be able to work this out with the clients, as we do not want to lose their business or goodwill. I will call Mary and Connie to confirm that P*** indeed has Power of Attorney to speak on their behalf as he is not a party to the contract and would otherwise have no standing in the matter and to understand why they felt that they needed someone else to speak on their behalf when Mary said she would get back to B***My understanding from the notes and email is that this was the only term that was mentioned to David and to B*** that they were unhappy with and we can assure both Connie and Mary that they would be exclusive in the locations that they chose. We sincerely hope that our firm commitment to them would assuage any misunderstanding or uncertainty about Robbins Media. We sincerely apologize for any behavior or attitude that would suggest anything other than a professional and courteous relationship to our clients
Complaint:
I am rejecting this response because:Services were not provided as explained: Ratio of carts advertised were not correct Advertised with a large competitor Put an ad up that was not approvedTheir only remedy was to advertise longerI do not want advertise with them because I do not want to continue to audit their work for another months - I am the one the had to tell them about the competitor and the incorrect ratioThey do not correct the problems when raised as I did the early on in my advertising cycle only after serval complaints and a demand from my credit card company did they offer a longer advertising cycle - I would like a refund due to the contract being broken and services NOT provided I would prefer to never deal with them again - not advertise with them longer!
Regards,
S*** ***
Complaint: 11450570
I am rejecting this response because:I have enclosed a letter from my credit card company. They reviewed the pictures I sent and realized that StarKart failed to deliver the ad as agreed by the contract. I have been awarded half the money back and I can also show where it was put into my account. Starkart keeps sending copies of the contract and I don't deny signing it thinking they were reputable but if you look at my report. You can see that those are not my ads. I sent a report for every month and there was never satisfaction on my part.
Regards,
[redacted]
Dear Revdex.com & Starkart:
On 7/18, both M[redacted] and C[redacted] received both a refund and contract voidance from Starkart, as requested. This is to provide a congenial and affirmative reply to the Revdex.com concerning a favorable resolution in this matter. When made aware of the totality of the circumstances surrounding the facts at hand, Starkart pursued the honorable course of action, and provided both a refund and voidance of contract to the two parties involved. We thank Starkart for this prompt action and in particular, want to recognize both the sincerity and consummate professionalism of Bonnie Eubanks. Throughout all interactions, she exemplified said characteristics and assisted in achieving the resolution sought. We appreciate Starkart's attention to this matter and the ensuing remedial measures sought; obviously in keeping both with their dedication to honest interaction and overall fairness, as well as their current Revdex.com rating. Thank you, to both Starkart and the Revdex.com.
Best Regards,
P[redacted]
We are sorry that the client is not satisfied; it is always
our goal to make sure we have done all that we can do to provide the client
exactly what was promised. We understand
that sometimes what a company thinks is acceptable is not what the client considers
acceptable and the two sides disagree on how it should be resolved. Our communications show that the client
received the goods and services as provided in the contract that was signed and
executed. We show that we have connected
with the client not only in the normal course of completing an advertising
campaign, but reached out numerous times in trying to resolve the issue with
the store. We have tried to negotiate
with the client, but she remains adamant that she will only accept a full
refund; a one-sided solution that is not fair nor is it equitable. We are able to work with the client to
provide advertising, we do not offer a refund on services that were provided.
We were shocked by the advertiser’s claims that the corporate office would not allow this type of advertising. We have numerous clients from this franchise that advertise with us all over the country and we have never had any corporate office not allow this type of advertising, especially for...
real estate agents since this is one of the most popular and successful choices for real estate advertising. In addition, we do not understand why the advertiser chose to file complaint as we just learned of this situation on Monday in an email sent to our graphics department and the national director spoke with the advertiser just yesterday, the day the complaint was posted. No decision was made with the advertiser and cannot be made until we speak with the corporate office, as to why this would be an issue for this advertiser alone. This contract has been in place since May 19th, almost 30 days ago and this is the first we are hearing of this situation. We are responding to the complaint, as time is of the essence in answering any complaint from the Revdex.com, that we have not yet had the opportunity to reach out to the sales organization that sold the advertising or to discuss the situation with the corporate office. Until we find out the facts, we are unable to process a refund. In addition, we were notified today, that the advertiser has filed a credit card dispute on the down payment, which would also prevent us from authorizing a refund. We are definitely researching this situation and will reach out to the advertiser as quickly as we can. We apologize for the inconvenience, but as this is a first for us, we must follow through for the benefit of all parties concerned.
We are sorry that the customer is rejecting our response and that she feels we are not reputable. We feel that we have provided the services as agreed to in the contract. We did give the customer additional space and doubled the ads by placing the ads on the front and back of each available cart at our cost. We have a signed affidavit by the company that installed the ads and the pictures taken of those ads. The affidavit and the photographs that we sent to the credit card company provided by a third party confirmed that we did provide services. The customer notes that her report shows that her ads were not installed, however, that report and photos were not included in her rejection letter. We did receive photos from the customer of a national campaign that was installed, at a time that her ads should have been on the carts, unfortunately, we do not have control over National campaigns, but we did apologize to the customer and did extend her campaign 2 additional cycles to compensate her for the inconvenience of that one cycle. The final payment was not received from the customer and we have credited that amount to her account. No other payments have been forfeited. We stand by our work, we are reputable and do provide the services contracted. As we did provide services, as well as incurred additional costs for the extra spaces and ads, we are unable to provide the customer with any refund.
The contract in question for advertising is a business to business transaction. Our findings show that the customer spoke to a sales rep, sat through the presentation and authorized the advertising campaign. The sales rep did not forge her signature on the contract, the customer...
authorized the sale by giving her credit card information to the sales rep. The customer gave the credit card information to the rep, he did not steal it or threaten the customer for this information. The customer was fully aware of the campaign and by her own free will entered into a valid contract. Our records and the attachment sent by the customer on the complaint indicate that the customer did not cancel the contract the same day, as she states, but several days later after the payment was processed and the campaign was in process. The contract was entered into on 4/25/16 at 12:43 pm. The down payment was first processed on 4/25/16 at 1:52 pm. The credit card declined. The sales organization contacted the customer who then authorized the reprocessing of the credit card. It was processed a second time on 4/26/16 at 8:50 am and was successful. The customer would have received a credit card receipt indicating the payment had processed, as soon as it was entered into the system. The customer did not call Starkart or the rep after receiving her receipt that she wished to cancel. The sales rep did not call the customer the next day after the sale, except to confirm the credit card information. The customer could have spoken with the sales office at that time about canceling, she did not. When the customer did send her email to cancel the contract several days later, it was explained to her that the contract was non-cancelable per term A of the contract, the very first term on the contract. The contract was provided to her at the time of sale, as well as sent to her when the “Welcome” email was sent. When the sales rep was made aware that the customer wanted to cancel he called her to discuss the contract and she told the rep that she needed $1,500 for a medical procedure. The rep offered to modify her payment plan to accommodate this unexpected expense. She told the rep that she needed to look into a few things and would call back. The rep explained to the customer that he needed to hear back from her by the next day or the contract would continue to move forward as submitted. The customer never called back. The manager called her upon receiving her email about the cancellation from the graphics department and she did not remember the “medical procedure” or the request to call back, but insisted that she had cancelled. This campaign is a reservation process and the space for the advertising was reserved based on her promise to pay. The graphic artist hired to prepare the ad for the advertising did so with the information that was provided to Starkart. The graphic artist did not use stolen property to prepare the ad and the graphic artist sent the link to the customer to review the ad copy. The graphic artist was not aware of any cancellation until the customer informed her that she did not want the ad and would not approve it. I understand that no one likes bullying or aggressive behavior, it is intimidating for any business to use these kinds of tactics to get someone to buy. However, this customer entered into a legitimate contract for advertising and the sales rep was paid his commission based upon the payment information that was provided to Starkart and was also confirmed by the customer on the day after she entered into the contract. Starkart did nothing wrong here, except to reiterate the terms of the contract to the customer, and we did not find any wrong doing by the sales rep or his manager. But we do find that this customer was not honest and entered into an agreement to pay for advertising and then changed her mind. Starkart cannot cancel this contract, the cancellation must be approved by the sales organization that she engaged for the advertising and they are unwilling to do so because the customer has not been honest in this process. This should have been taken care of the very first day and at the very least when the opportunity presented itself at the time the original credit card payment declined; that did not happen. Therefore, the customer will need to work it out with the sales organization.
The customer is seeking a refund resolution based on a guarantee or warranty issue of her interpretation of an “implied contract”. However, the contract the customer is referring to is NOT an implied contract but an “express contract” establishing the terms and agreement in a written contract,...
which the customer agrees further down in her complaint that she signed. We do acknowledge that the customer has contacted Starkart, her rep and spoken to the executive vice-president of the company to complain about her ads. Although, the complaints she called about are not the complaints she notes in her letter to the Revdex.com. In addition, this customer has filed numerous complaints with her credit card provider from the very beginning of her contract alleging breach of contract before she was even set to be installed. None of the credit card disputes have been reversed by the credit card provider as her complaints were unfounded. The written contract and the Welcome email sent to the customer once her contract was accepted by Starkart establishes the dollar amount of the contract, the payment terms, the amount of each payment, what the customer purchased, the start date of installation, the percentage number of carts purchased and the length of the contract. The contract states where the ads will be installed, that the customer acknowledges that she has not relied upon any promise or statement made outside of the contract, and that the actual start date may vary from the target date. Nowhere in the contract does it guarantee a certain number of carts or ads to be installed, but in every instance, refers to a percentage of the available carts in the store. All of the aforementioned terms were met by Starkart. Starkart tried very hard to satisfy the requests of the customer by giving the customer additional space in cycles 12 and 13, as well as doubling the percentage of the ads to be displayed on both sides of the contracts instead of just the one side purchased by the customer in cycle 1 and 2, and sending auditors to the store and taking pictures of the ads. It didn’t matter, this customer was not happy and she was not happy from the beginning. Starkart believes that the services have been provided and rendered properly per the terms of the contract. Conversely, the customer did breach her contract by failing to make her final payment thus causing Starkart harm as the customer was provided the advertising in the contract, Starkart paid all of the vendors related to the fulfillment of the contract and Starkart did not receive the final payment of the contract. In addition, although our contract with the grocery stores, etc, do allow for blackout dates, we are not aware of any blackout dates for this store that interfered with this customer’s ads. In fact, we provided the customer with photos for the November ads and provided an audit in December. We also note that the customer’s ads ended March 20th, so I’m not sure why she was auditing the store in April. In summary, this customer has tried to cancel her contract from the beginning, before she was even set to be installed. Starkart has provided the services per the written contract. The customer is in breach of contract for failure to make her last payment. Therefore, no refund is warranted.
Complaint: 11450570
I am rejecting this response because:Gentlemen, ...⇄ 6/1/16I can understand that StarKart claims they had no control over the ad placement, but the non performance reflects on Starkart not on some third party. I paid starkart to make the placement according to the contract and never once was I impressed, satisfied or even pleased with the performance of Starkart. I was let down and very disappointed from the very beginning. Starkart had plenty of opportunity to correct the issue, but as usual acted as if they had integrity on the phone and after a short time I had to get my bearing and prepair myself for constant disappointment. I acknowledge they offered me more ads because they acknowledged they failed to deliver what was agreed in the contract. I never received any additional ads so I don’t see where they incurred extra expenses. If you look at the pictures they furnished that photo depicts 20 carts if you count the grab rail on each. The schedule states 60 carts which never happened that I had 60 carts at any given time. The contract failed to have language in reference to me not having any ads during the holidays. X-Mass and Thanksgivng when people or more apt to shop. I bought the ad campaign only to ensure I had all the carts, for the entire duration and during the peak times of the national holidays and to my dismay I had absolutely none. I am distraught that I was mis led by Starkart. They still are claiming that they have no control over national campaigns. StarKart shouldn’t have the right to advertise that they have the availability to sell the ad slot if they don’t, just another example of how mis leading StarKart is. A reputable company would have delivered according to the contract, would have had black out dates, would have delivered above and beyond if they realized there was a shorfall. It has been an ongoing dispute since October 2015. In reading the Starkart response I believe that they feel the excuses they are using to defend their character here now are the same empty excuses of how they don’t and wont feel professionally responsible for their failure in delivering the contract terms. Business as usual for Starkart and for those agencies who think or feel that this is an acceptable standard of practise is exactly why the Better Business Beurea should be notified. In sight of and in light of all that has happened. I am at the loosing end regardless because I have been inconvenienced, shorted, insulted, challenged and mis led by Starkart.I appreciate that StarKart is stating I don’t owe them anything…. feel that StarKart should refund me the $1,860 that they took from me because as you can clearly see I only got grief and turmoil added to my already busy schedule. StarKart failed me in so many ways, but they get to keep my money?I did not get the advertisements as stated in the contract and on the last schedule depicted through February I visited the store every month and have ZERO ads for January, February, March or April. So just to recap October was a disaster, the two months of national holidays I had ZERO advertisements.So you buy a car and when they deliver it there are no tires, no seats… they call to say they are sorry and later that its all fixed...now there are two tires and one seat. They call to say sorry we will give you a paint job? They never deliver the other seat or tire...And they want to offer a paint job? They never deliver again anything. Then they take it car away and expect I am going to let them keep my money. This company has INTEGRITY??I know in my heart that this is not good business. I know because I am a professionalI would never suggest anyone who is looking for a reputable outstanding advertisement company with integrity to use StarKart.I was scammed by StraKart, and this answer with frivolous excuses are all a continuation of the scam to not have to refund. StarKart should be ashamed of their performance and not take up the time of this agency to continue its inability to recognize they have failed on every level.I want a refund of $1860.[redacted]
Regards,
[redacted]
We sincerely apologize to our customer for this frustrating situation. Our contract does indeed say “each advertising space purchased provides Advertiser ad placement on 15% of the serviceable shopping carts (slots) in one location on one side of the SmartSource frame.” Although, we...
cannot guarantee placement of the ad on the cart, the advertiser did receive 15% of one side of the cart. Unfortunately, the installers put the other 15% on the other side of the cart, which in many cases would have been fine if the advertiser found this to be acceptable. The advertiser did inform the customer service department that this was not acceptable to him and we acknowledged the responsibility to make this right for the advertiser. We did correct the problem by extending an additional 15% to the advertiser, thus giving him 30% on one side and 15% on the other for the remaining cycles, as well as extending the service for 2 more cycles to cover the cycles that were not installed to the advertiser wishes. The carts in a grocery store move constantly, from the front of the store, to the parking lot and down the street, to the back of the store, moving in the store with customers and some are taken out of service, while others are replaced with new carts, etc. The number of carts with ads in the slot are determined by the number of serviceable carts in the store at the time they are installed. Starkart will always fix any installation problems brought to our attention by the customer and we will continue to so for as long as it takes to satisfy the customer and the customer will always receive exactly what they purchased. Where we are unable to provide or fix the installation issue Starkart does offer a partial or full refund depending on the circumstances. As time is of the essence, we do want to acknowledge that we have reached out to the customer with a compromise offer to restart his advertising campaign at the store he is currently in or by moving his ad to another store of his choice where we can provide 45% coverage of his campaign for another full 6 cycles at no cost to him. Starkart has also offered a partial refund even though we were able to fix and install the ads in the store now by providing additional space and extending the services. We do expect to resolve this situation with him in whichever manner he decides.
Complaint: 11457207
I am rejecting this response because:Just now saw this email that they even replied. I did have a medical procedure that was 2000.00They never told me I couldn't cancel. I also didn't physically sign a contract they signed it electronically. I emailed them to cancel they called and were very forceful and rude on many occasions. My attorney told me to not speak to them anymore after the 3rd phone call. I have been nothing but honest. My credit card marked it as fraud and yes I did tell company at first I made purchase. Which was true. With medical procedure and having a high medical deductible. and going to into store that has not a single ad on front of cart.....I felt like I bought a big lie.....there is no Starkart ads on front of carts at this location. I cannot afford to be scammed and I can't afford this product. My health comes first. Not telling someone it isn't cancelable and then their signing it and not allowing you to change your mind before any art work or work done isn't okThey never received art or logo or photos from me, ever. I didn't sign anything.
Regards,
M[redacted]