Initial Business Response /* (1000, 15, 2015/12/07) */
Sparkart is not the manufacturer of the product, but was responsible for accepting orders and shipping the products produced by OM Audio (***@om-audio.comAt this point, Sparkart is no longer involved with either taskHowever, our
understanding is that a product was shipped to this customer
Hello,
We use a fraud prevention app that has unfortunately identified both of the recent orders from this customer as suspiciousIf the customer can place a new order, then contact us via email or phone immediately after placing the order, we will be happy to manually override the fraud filter
and complete the order so that this doesn't happen againWe can be reached Monday - Friday from 9:00am - 5:30pm PST at (510)-992-6140. Please note that these complimentary voucher codes do not have any cash value, and our company did not originally sell the VIP package he purchasedOur company is only responsible for the redemption of the complimentary voucher codes.
Thank you,
Sparkart Customer Support Supervisor
Initial Business Response /* (1000, 5, 2015/12/03) */
Sparkart is not the manufacturer of the product, but was responsible for accepting orders and shipping the products produced by OM Audio. At this point, Sparkart is no longer involved with either task, and we were never involved in customer...
service related to how to operate the product or the product operating properly. Questions related to the operation of the product should be addressed to the manufacturer: Om Audio. Unfortunately, Sparkart is not able to assist with that. If this customer would like to communicate directly with Om Audio, please e-mail [redacted]@om-audio.com.
Initial Consumer Rebuttal /* (3000, 7, 2015/12/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This has been their general response to the community, and it's nonsense. Om Audio produced the speaker, SparkArt then sold those speakers online to users. Sparkart got the money for the sales, so why would Om Audio give me a refund for a device that they never got paid for? Sparkart is attempting to wash their hands of this because of the massive outcry of upset consumers. Instead of addressing the issue they have removed all evidence that they ever sold it from the internet, a shift business tactic. omone.com no longer exists.
If I go to Best Buy and I buy a Sony speaker, and immediately when I take it home I notice that it's incredibly flawed, not functional, and of poor quality. Do I a) ask Sony for a refund, or b) go back to Best Buy, whom I purchased it from and ask for a refund? Of course I would go to Best Buy, that's how retail works. You get the refund from the person you gave the money to... not the person who made it. The person who made it handles warranty issues. Why would Sony give me $250 back on a product that I gave $250 to Best Buy for? It makes zero sense, and why should it be any different for Sparkart? It's most likely because at this point if they gave refunds to everyone who wanted one they would go bankrupt, but that's not the consumers fault or responsibility.
"Questions related to the operation of the product should be addressed to the manufacturer: Om Audio. Unfortunately, Sparkart is not able to assist with that."
Great, because I have no questions about how to operate it, I don't want to operate it... I want to send it back and receive a refund. This isn't a warranty claim, or product replacement request. This is a faulty product by design, and no amount of service will fix that. There is no fixing this product, it was built broken, hence the unanimous 1 star rating across the board.
You can't simply say you're "no longer involved with either task" when everyone starts pointing the finger at you for selling a faulty product, it's not how it works. They have to be held accountable for what they have sold.
If you sell a product, and it is faulty, and people justifiably look for refunds you can't hide behind "We're actually not assisting with those."
This is terrible business practice, and people are already starting to talk about taking legal action, and if I don't get my refund I wouldn't mind joining them.
Final Business Response /* (4000, 9, 2015/12/17) */
The consumer payment was received by the e-commerce platform provider, who deducted its fees and charges, and then transferred the remainder to Sparkart, who deducted its fees and costs, and transferred the remainder to Om Audio. Om Audio was paid for the product.
Sparkart did not make the products. Rather, Sparkart provided sales and marketing services to help sell the products. Om Audio produced the products, Om Audio was paid for the products, and Om Audio has responsibility over the products.
Final Consumer Response /* (3000, 13, 2015/12/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The product is not what was advertised. The speaker sounds absolutely terrible. Can't listen to it. It rarely floats, and only for a short period before smashing into its magnetic base and scratching itself up. This is without anyone touching it. It's quite startling. The device also doesn't charge so you have no idea if the speaker will even play.
It's not worth the money we paid for it. They are arguing that we should deal with the manufacturer, but why should we? Sparkart got the money for it, we purchased it through them. They are trying to claim there is a no refund policy, but a) their OM ONE website and terms don't exist anymore because they are trying to hide from all the unhappy customers, and b) that should only apply if the product is as promised. If I order a speaker and I get a brick I don't feel like the no refund policy applies.
Initial Business Response /* (1000, 10, 2015/10/05) */
We are sorry to hear that this customer is still confused about what we offer and guarantee with UFC Fight Club memberships. The customer will have access to every pre-sale UFC Fight Club has until September 9th, 2016. UFC Fight Club members...
receive access to pre-sale tickets for up to 18 UFC events per year with a 6 ticket limit per event. Fight Club members will also receive free merchandise, two Pay-Per-View codes, have access to the online forums, weigh-in events and Q&A events. This customer's current membership has been active since September 9th, 2015, and she was a paying member from June 2014- June 2015 as well. This member's account is good for 1 full year and cannot be refunded or canceled, per our terms of service (expiration date will be September 9th, 2016).
Pre-sale Tickets are first come first served through Ticketmaster or a third party ticketing site, not through our company directly, and we are not able to guarantee tickets to each fan club member. However, we do guarantee access to pre-sales with a pre-sale code, which this customer had no issue accessing, as noted in her inquiry. Our company makes it very clear that we cannot guarantee each member tickets on the site. The copy below is taken directly from the pre-sales page which can be seen without being a paid member. This information was also sent to the customer directly.
http://www.ufcfightclub.com/presales
"Sponsor makes no guarantee that tickets will be available to every member of the qualified fan club, ticket club, subscription site, or other qualified site or service ("members"). Any available tickets will be made available to members on a first-come, first-serve basis for select events only, and Sponsor does not represent or warrant that tickets will be available for every event date, or for every member. There may be limits specified on the number of Presale Tickets and VIP Packages that may be purchased per membership and per event. These terms are subject to change in Sponsor's discretion."
Here are the exact terms of service agreed to at checkout when creating an account:
"Refunds, Returns and Exchanges- Fan club membership sales (and all other Sparkart Site and Sparkart Service subscription sales) are final: there are no refunds, returns, exchanges or credits for memberships or subscriptions or associated membership welcome packages for any reason, including, but not limited to, the inability to purchase pre-sale tickets or inability to purchase preferred seats. Fan club memberships (and all other Sparkart Site and Sparkart Service subscription purchases) include only access to the fan club (or other subscription-based Sparkart Site or Sparkart Service). Any physical merchandise that may accompany a fan club membership or other subscription is a gift, and no refunds or credits will be issued due to non-receipt of such physical merchandise, and such physical merchandise may not be returned or exchanged for any reason."
Unfortunately we are unable to offer this member a refund at this time due to our terms of service, however we have canceled the auto-renewal option she opted into upon check-out, so this customer will not be automatically charged again when her membership expires next year. Thank you for your attention to this matter.
Initial Consumer Rebuttal /* (3000, 12, 2015/10/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The business response has not resolved my complaint. Their claim that I am "confused" is untrue, condescending, and insulting. Their response to Revdex.com is exactly the same as their original response to me: Their terms and conditions exempt them from delivering a product for payment.
Also, it is not true that they cancelled the auto-renewal option I opted into upon check-out. I never chose that option.
My request for middle ground is that the business extend my membership to October 14, 2016, IF I am able to purchase pre-sale tickets to the UFC Orlando event on December 19, 2015.
Thank you.
Final Business Response /* (4000, 14, 2015/10/14) */
To reach a middle ground, we have extended this fan's account by 35 days. This fan club member's account will now expire on October 14th, 2016. Please note that pre-sale tickets are still first come first served, per our terms of service, however this fan will have guaranteed access to all pre-sales and other events that happen between now and October 14th, 2016. Thank you.
Final Consumer Response /* (2000, 16, 2015/10/15) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Thanks very much to the Revdex.com for helping the company reach this middle ground resolution. My own attempts were unsuccessful, so the Revdex.com's efforts are much appreciated.
Initial Business Response /* (1000, 15, 2015/12/07) */
Sparkart is not the manufacturer of the product, but was responsible for accepting orders and shipping the products produced by OM Audio (***@om-audio.comAt this point, Sparkart is no longer involved with either taskHowever, our
understanding is that a product was shipped to this customer
Hello,
We use a fraud prevention app that has unfortunately identified both of the recent orders from this customer as suspiciousIf the customer can place a new order, then contact us via email or phone immediately after placing the order, we will be happy to manually override the fraud filter
and complete the order so that this doesn't happen againWe can be reached Monday - Friday from 9:00am - 5:30pm PST at (510)-992-6140. Please note that these complimentary voucher codes do not have any cash value, and our company did not originally sell the VIP package he purchasedOur company is only responsible for the redemption of the complimentary voucher codes.
Thank you,
Sparkart Customer Support Supervisor
Initial Business Response /* (1000, 5, 2015/12/03) */
Sparkart is not the manufacturer of the product, but was responsible for accepting orders and shipping the products produced by OM Audio. At this point, Sparkart is no longer involved with either task, and we were never involved in customer...
service related to how to operate the product or the product operating properly. Questions related to the operation of the product should be addressed to the manufacturer: Om Audio. Unfortunately, Sparkart is not able to assist with that. If this customer would like to communicate directly with Om Audio, please e-mail [redacted]@om-audio.com.
Initial Consumer Rebuttal /* (3000, 7, 2015/12/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This has been their general response to the community, and it's nonsense. Om Audio produced the speaker, SparkArt then sold those speakers online to users. Sparkart got the money for the sales, so why would Om Audio give me a refund for a device that they never got paid for? Sparkart is attempting to wash their hands of this because of the massive outcry of upset consumers. Instead of addressing the issue they have removed all evidence that they ever sold it from the internet, a shift business tactic. omone.com no longer exists.
If I go to Best Buy and I buy a Sony speaker, and immediately when I take it home I notice that it's incredibly flawed, not functional, and of poor quality. Do I a) ask Sony for a refund, or b) go back to Best Buy, whom I purchased it from and ask for a refund? Of course I would go to Best Buy, that's how retail works. You get the refund from the person you gave the money to... not the person who made it. The person who made it handles warranty issues. Why would Sony give me $250 back on a product that I gave $250 to Best Buy for? It makes zero sense, and why should it be any different for Sparkart? It's most likely because at this point if they gave refunds to everyone who wanted one they would go bankrupt, but that's not the consumers fault or responsibility.
"Questions related to the operation of the product should be addressed to the manufacturer: Om Audio. Unfortunately, Sparkart is not able to assist with that."
Great, because I have no questions about how to operate it, I don't want to operate it... I want to send it back and receive a refund. This isn't a warranty claim, or product replacement request. This is a faulty product by design, and no amount of service will fix that. There is no fixing this product, it was built broken, hence the unanimous 1 star rating across the board.
You can't simply say you're "no longer involved with either task" when everyone starts pointing the finger at you for selling a faulty product, it's not how it works. They have to be held accountable for what they have sold.
If you sell a product, and it is faulty, and people justifiably look for refunds you can't hide behind "We're actually not assisting with those."
This is terrible business practice, and people are already starting to talk about taking legal action, and if I don't get my refund I wouldn't mind joining them.
Final Business Response /* (4000, 9, 2015/12/17) */
The consumer payment was received by the e-commerce platform provider, who deducted its fees and charges, and then transferred the remainder to Sparkart, who deducted its fees and costs, and transferred the remainder to Om Audio. Om Audio was paid for the product.
Sparkart did not make the products. Rather, Sparkart provided sales and marketing services to help sell the products. Om Audio produced the products, Om Audio was paid for the products, and Om Audio has responsibility over the products.
Final Consumer Response /* (3000, 13, 2015/12/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The product is not what was advertised. The speaker sounds absolutely terrible. Can't listen to it. It rarely floats, and only for a short period before smashing into its magnetic base and scratching itself up. This is without anyone touching it. It's quite startling. The device also doesn't charge so you have no idea if the speaker will even play.
It's not worth the money we paid for it. They are arguing that we should deal with the manufacturer, but why should we? Sparkart got the money for it, we purchased it through them. They are trying to claim there is a no refund policy, but a) their OM ONE website and terms don't exist anymore because they are trying to hide from all the unhappy customers, and b) that should only apply if the product is as promised. If I order a speaker and I get a brick I don't feel like the no refund policy applies.
Initial Business Response /* (1000, 10, 2015/10/05) */
We are sorry to hear that this customer is still confused about what we offer and guarantee with UFC Fight Club memberships. The customer will have access to every pre-sale UFC Fight Club has until September 9th, 2016. UFC Fight Club members...
receive access to pre-sale tickets for up to 18 UFC events per year with a 6 ticket limit per event. Fight Club members will also receive free merchandise, two Pay-Per-View codes, have access to the online forums, weigh-in events and Q&A events. This customer's current membership has been active since September 9th, 2015, and she was a paying member from June 2014- June 2015 as well. This member's account is good for 1 full year and cannot be refunded or canceled, per our terms of service (expiration date will be September 9th, 2016).
Pre-sale Tickets are first come first served through Ticketmaster or a third party ticketing site, not through our company directly, and we are not able to guarantee tickets to each fan club member. However, we do guarantee access to pre-sales with a pre-sale code, which this customer had no issue accessing, as noted in her inquiry. Our company makes it very clear that we cannot guarantee each member tickets on the site. The copy below is taken directly from the pre-sales page which can be seen without being a paid member. This information was also sent to the customer directly.
http://www.ufcfightclub.com/presales
"Sponsor makes no guarantee that tickets will be available to every member of the qualified fan club, ticket club, subscription site, or other qualified site or service ("members"). Any available tickets will be made available to members on a first-come, first-serve basis for select events only, and Sponsor does not represent or warrant that tickets will be available for every event date, or for every member. There may be limits specified on the number of Presale Tickets and VIP Packages that may be purchased per membership and per event. These terms are subject to change in Sponsor's discretion."
Here are the exact terms of service agreed to at checkout when creating an account:
"Refunds, Returns and Exchanges- Fan club membership sales (and all other Sparkart Site and Sparkart Service subscription sales) are final: there are no refunds, returns, exchanges or credits for memberships or subscriptions or associated membership welcome packages for any reason, including, but not limited to, the inability to purchase pre-sale tickets or inability to purchase preferred seats. Fan club memberships (and all other Sparkart Site and Sparkart Service subscription purchases) include only access to the fan club (or other subscription-based Sparkart Site or Sparkart Service). Any physical merchandise that may accompany a fan club membership or other subscription is a gift, and no refunds or credits will be issued due to non-receipt of such physical merchandise, and such physical merchandise may not be returned or exchanged for any reason."
Unfortunately we are unable to offer this member a refund at this time due to our terms of service, however we have canceled the auto-renewal option she opted into upon check-out, so this customer will not be automatically charged again when her membership expires next year. Thank you for your attention to this matter.
Initial Consumer Rebuttal /* (3000, 12, 2015/10/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The business response has not resolved my complaint. Their claim that I am "confused" is untrue, condescending, and insulting. Their response to Revdex.com is exactly the same as their original response to me: Their terms and conditions exempt them from delivering a product for payment.
Also, it is not true that they cancelled the auto-renewal option I opted into upon check-out. I never chose that option.
My request for middle ground is that the business extend my membership to October 14, 2016, IF I am able to purchase pre-sale tickets to the UFC Orlando event on December 19, 2015.
Thank you.
Final Business Response /* (4000, 14, 2015/10/14) */
To reach a middle ground, we have extended this fan's account by 35 days. This fan club member's account will now expire on October 14th, 2016. Please note that pre-sale tickets are still first come first served, per our terms of service, however this fan will have guaranteed access to all pre-sales and other events that happen between now and October 14th, 2016. Thank you.
Final Consumer Response /* (2000, 16, 2015/10/15) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Thanks very much to the Revdex.com for helping the company reach this middle ground resolution. My own attempts were unsuccessful, so the Revdex.com's efforts are much appreciated.