Buyer Beware: SCJ Group LLC, scaudio.com, scjpro.com, eBay User: SCJAudio

[Stingray99]

Bait and Switch, Breach of Legally Binding Contract, Unethical Business Practices
Short Story:
I bought something off eBay that had a Flat Rate shipping cost in the United States. I live in the United States. Seller refuses to ship item despite my full payment
Longer Story with evidence:
On 5/18/09 I bought the following item off eBay from SCJ Group LLC and paid in full with PayPal:
Behringer EP1500 Amplifier NIB EP-1500 EP 1500 - eBay (item 250241103429 end time May-19-09 06:25:09 PDT)
At the time of my purchase the eBay listing advertised $13 flat rate shipping to the United States and made no mention of Hawaii being excluded from this flat rate shipping (The listing has changed since my purchase to exclude Hawaii, proof will be presented the seller changed it after purchase and payment)
I made several correspondences with SCJ Group which can be viewed here:
Flickr Photo Download: evidence1
Flickr Photo Download: evidence2
Please note SCJ Groups attempted Bait and Switch tactic. Also note the seller lies claiming there is an exception in their sales policy in their eBay profile, but there is no such policy in there profile which can be viewed here:
Flickr Photo Download: evidence3
Please note the seller admits that there is no policy on eBay excluding flat rate shipping to Hawaii and that the seller changed the shipping policy in the eBay listing. Note the seller links to a site completely unrelated to the seller’s eBay store; therefore this link is irrelevant to this situation. This evidence can be viewed here:
Flickr Photo Download: evidence4
Flickr Photo Download: evidence5
The seller refuses to ship the item and therefore in violation of a legally binding contract though eBay and readily admits to previous Bait and Switches. The seller advertised flat rate shipping to the United States, Hawaii has been a State of the United States for almost 50 years, therefore it falls under original the flat rate shipping policy at the time of purchase.

[Steve R Jones]

Doesn't one or more of the links clearly indicate they would be glad to ship the item if you paid the shipping?

And I have to also agree with them that everyone knows shipping to Hawaii is more expensive.

So I have to ask - are you trying to get them on a Technicality or do you really believe they should have been able to ship that not so light item for $13.00?

[Stingray99]

I fail to see your point. If one is shipping an item from California it will cost more to ship it to New York then if it were to be shipped to someplace else in California. What is the definition of the Flat rate shipping to the United States? The shipping charge is the same regardless of location as long as it is within a State of the United States. Hawaii is a State of the United State’s.

[Stingray99]

Also I don’t understand why you think I’m using a “technicality”, are you suggesting that its some big secret that Hawaii is part of the United States?

[nomaxim]

Originally Posted by Stingray99

Also I don’t understand why you think I’m using a “technicality”, are you suggesting that its some big secret that Hawaii is part of the United States?

It's common knowledge that shipping to Hawaii and Alaska costs more then shipping to the continental US. So any threats of filling a lawsuit over that point would likely be considered 'frivolous'. Also, since the company offered you the option of a full refund, or to pay the extra shipping costs, any complaint to the BBB would likely be ruled in the companies favor as they offered a reasonable solution to the matter.


Also, from scjpro.com/contact.php,

SCJ Pro Entertainment, LLC
492C Cedar Lane, #102
Teaneck, NJ 07666
(201) 289-5841

Per Whitepages.com.

Ups Store
work
492C Cedar Ln
Teaneck, NJ 07666
(201) 836-8777

And a reverse phone number look-up shows,

(201) 289-5841
Type: Cell Phone
Location: Hackensack, NJ

[Stingray99]

I don’t understand you confusion in regards to the term “Flat Rate shipping to the United States”. This term was clearly stated not once but twice in the original listing, with no exclusion of Hawaii. If there an extra fee to Hawaii and Alaska, then it is not flat rate shipping is it? The seller should have stated somewhere into auction that the flat rate shipping only applied to the continental United States. If this were a verbal or implied contract yes there would be some leeway for interpretation, but this is written legally binding contract. As far as the law and common sense is concerned:
United States = All 50 states
Continental United States = 48 states
Taken straight from the eBay forums sticky Answers to Questions about Shipping & Rates to Alaska, Hawaii & Puerto Rico in Community Help Boards in eBay Forums :
2) My listing said "US only." My buyer is in Alaska/Hawaii/Puerto Rico!!

Well, those are part of the the US. eBay's shipping details box does not include an option for shipping to the contiguous US only. If your flat rate shipping is for UPS or you have other reasons for limiting where you will ship, you need to clarify that in your item description.
The seller did not clarify in the listing; therefore this is an open and shut case.

[Stingray99]

I don’t understand why you think my case is “frivolous” all I want is the seller to follow through with the deal which they wrote and agreed too. There is nothing keeping the seller from following though with the deal, other than the seller’s lack of ethics (lying about the exception being in their eBay sales policy) and reason.

I don’t know about you but I hold the virtue of honestly very high and will not reward those who lie with malicious intent (Bait and Switch).

[bulkcctv]

Originally Posted by Stingray99

I don’t understand why you think my case is “frivolous” all I want is the seller to follow through with the deal which they wrote and agreed too. There is nothing keeping the seller from following though with the deal, other than the seller’s lack of ethics (lying about the exception being in their eBay sales policy) and reason.

I don’t know about you but I hold the virtue of honestly very high and will not reward those who lie with malicious intent (Bait and Switch).

IMHO - I would say that the seller should have listed that the flat rate shipping is only Cont US. We ship a lot of orders to HI and we have never had an issue with a customer being charged more. Our site clearly states that are free shipping is limited to the cont 48 States. It seems to me that if the flat rate shipping is $13 that the difference shipping to HI wouldn't be much more. I also feel that they did not bait and switch you. They are still shipping the same product. I would just have the order refunded and then buy from another place selling the same item. Any company selling at the lowest possible price can't always afford to take hits on something like shipping. Maybe even ask them if they will meet you half way on the cost of the shipping.

Hope This Helps!

~Nate
Bulk CCTV Store.com

[Steve R Jones]

Originally Posted by Stingray99

Also I don’t understand why you think I’m using a “technicality”, are you suggesting that its some big secret that Hawaii is part of the United States?

Pretend like I'm sitting on the jury for the lawsuit you started.

I'm going to want to know if you're an experienced on-line buyer or an inexperienced buyer...

Experienced buyers know for a fact that it costs more to ship to HI. Or if they had any doubts, they would have called the toll free number to confirm the shipping price.

An inexperienced buyer would make some of the arguments you're making.

So...through the "discovery" process that happens during lawsuits, which of the two classifications would the sellers attorneys classify you as?

This statement of yours indicates you're an experienced shopper.

If one is shipping an item from California it will cost more to ship it to New York then if it were to be shipped to someplace else in California.