ComplaintsforGuard Closet

• Initial Complaint

  12/30/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I sent 384 color guard flags to Guard Closet to consign. Their website says: You ship us your items, and we photograph them, prep them, store them and list them on our website—making them available for sale to thousands of people who visit each month. Their Terms & Policies state: GUARDCLOSET.COM stores all consigned items and ships them when payment or school district purchase order is received. Items are consigned for a period of 18 months. No items can be returned to the school organization during the 18 months they are on consignment. Items can be returned to consignors after 18 months at their expense and upon request. All my items were received, and only 97 of the 384 flags were listed on their website to consign. I asked them to send me back the remaining 287 flags they deemed not sellable, and that I would pay the cost for shipping back to me.GuardCloset.com stated they threw away the 287 flags they determined were not sellable per their policy. When I requested their policy stating this, as the website did not state any un-sellable items would be thrown away, they told me in an email (which I have): I'm sorry that we were not able to list more of the items you sent. I apologize that our website does not explain that rejected items will be discarded and not be returned to you. We will update that information. So I either want my 287 flags sent back, and I am willing to pay the shipping cost back to me. Or I want $10 a flag for the flags they discarded since I was never told my items would be discarded. The owner Jeremy W********** agreed to send me a check for the $10 a discarded flag, but when he saw my detailed spreadsheet of flags I sent to them that were discarded, he stated he would not pay me the $10 a flag which totaled $2,870. He says he does not have the money to pay that out. I either want all my flags back or compensation for the flags they discarded, as they never stated they would throw away any flags they could not list and sell.

  Business response

  01/13/2022

  We have been in business for over 20 years and have never had a complaint because we are here to help the organizations we service.  The items that were sent to us were thrown out as this is our policy.  When the customer contacted us asking for the items back our employee informed her that they had been tossed out since that was our policy.  Our website has been under some construction so that policy was not included in the past month that the incident happened, but what was included was that Guard Closet determines pricing and is not liable for items that are sent to us.  Everything is at the risk of the consignor. We explain to the consignor in videos and in text that we do not accept things with holes, stains, or any damage, so people should not send those items.

  Below is our notice of Liability that has been listed on our website and was present at the time the consignor sent their items.  And at no place on the site do we state items will be returned if they are rejected.

  NOTICE OF LIABILITY
  GUARDCLOSET.COM assumes no responsibility for items in transit or in storage. Consignors understand that they place items for sale on the web site at their own risk and guardcloset.com, Jeremy W************ and/or employees of guardcloset.com shall not be held liable for damage of items due to, but not limited to, fire, flood, disappearance in transit or other acts of God. Insurance may be placed on any item in transit at the expense of the consignor or purchaser.  

  When we were first alerted to the issue we offered to give them some money for the flags what were thrown out as a courtesy even though we are not obligated to.  Our CEO reached out to the instructor of the group to get some details and told that person that we coudl give like $10 a flag to be courteous.  What this complaint does not include is the second text message when the CEO said hold on a second, I am just learning that there was a dispute of 287 flags.  We will not be able to offer $10 a flag for 287 flags that we actually have no real record of that exact number.

  We then started doing the research and speaking with those that had direct knowledge of the products.  The first was the employee who evaluated the items, who has over 10 years experience doing this work and has never had a complaint, determined that these items had zero value.  We then went and spoke with the people that packed the items in the bags and that person also said these items had no value and should have been thrown out years ago.

  As it stands Guard Closet determines the value of the items and that is very clear on our website.  The items were determined to have zero value and were treated as such.  This complaint does not address that simple fact.  

  We have been told by the employees of the school that this parent is particularly problematic and has a tendency to create drama and produce alternative facts to the truth.  In the end we offered to return the items we accepted onto our website at our cost (something we do not have to do) and to pay her .01 for each flag that she claims she sent.  The only validation we have on what she sent was her word, but we have the word of the school employees that the items she sent were worthless.

  We are not a company that wants to see a group like this suffer, but for a parent to want to create drama and take on a small business that is just here to serve the activity her child belongs to demonstrates the type of complaint this is.  We were harassed.  Our employee, who is a music educator herself, was accused of lying and is someone who prides herself on taking care of everyone.

  If this complain goes to litigation, our lawyer has already told us she has no case.  So if complaining about us to the BBB gives her some sort of closure, then so be it.  We stand by our decision as it adheres to the policies put forth on our website. 

  Customer response

  01/18/2022

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

  1 - Respondent's website DID NOT state rejected items will be thrown away (it does now as I can see they updated this), as proven in the emails I attached to this complaint. While respondent says throwing away items is their policy, NO WHERE on their website, at the time I consigned, did it state this, thus mis-leading consigners. Because there is no written policy, our non-profit organization would like compensation for the misleading claims of the respondent. Again, the employee stated in the attached email that no where on the website did it say rejected items would be thrown away.

  2 - The website states that flags would be broken down into 1 of 4 categories:
  Excellent -Ready to Use (Minor repairs may be needed on a minimum number of items).
  Very Good - Cleaning and repairs will need to be made to a few items,minor signs of wear will be evident.
  Good - Expect to have to repair some items from this set, more signs of wear will be evident.
  Fair - Most items from this set need to be repaired- below standard for sale on guardcloset.com.
  

  Thus the respondent will not sell items in Fair condition, however, the flags thrown away were not all in Fair condition, where most items need to be repaired. I would insist that most of the flags were in good condition, per their definitions above. 
  

  3 - I sent 33 different sets of flags. I am sure the respondent has documentation of this. Since Guard Closet will only accept 5 or more of the same type of flags, then at a minimum, I sent them 165 flags. Per my spreadsheet, there were 97 flags they did keep, most of those listed having more than 5 flags a set, thus the respondents claim that I made up the flags I sent and the numbers of flags I sent are unfounded.
  

  4 - Respondent called my character into question, without providing any names of those he spoke too, thus making up false claims about me to deflect any accountability on his part. Without names of accusers or those he spoke too, you can deduce that the respondent is making things up in order to avoid any responsibility. In fact, experts would say the respondent is projecting himself onto me because that is who he is, not me.
  

  5 - As Treasurer of the *********************** ************************ for the last 5 years, it is my responsibility to ensure our organization is fiscally stable. Reselling of used items and ensuring we are compensated for those items requires diligence, details, and follow through. I have been reselling items for 5 years now and have never had any issues with purchasers. I used Guard Closet in hopes to make managing all the flags we had for resale easier, as selling on ******** Marketplace can be time consuming. While the respondent claims I lied about the number of flags that were sent to him, in actuality, he is just shocked that someone would be as careful and precise as I was in tracking and labeling everything I sent.
  

  6 - The respondent has not yet sent back the flags they did keep, even though I said to send them back to me in the emails dated on the date I filed this claim, thus reinforcing that the respondent could have kept all the other flags he says were discarded for him and his company's personal use.
  

  7 - Since the respondent continues to take no responsibility for his and his employee's actions, I am asking again, that the 97 flags they did keep be mailed back to me at:
  *****
  c/o *****************************
  * ****************
  ********** ** *****
  

  8 - I am willing to take less compensation for the respondent's negligence in order to try to resolve their errors and inability to produce policies they state were in effect at the time I sent my items to consign. In order to reclaim some monies for our non-profit organization, I would accept a lesser amount to make up for the monies we would have made had I listed the items on ******** Marketplace.  I would agree to a $1,000 check made out to ***** in order to cover the monies we would have made had the Band Boosters sold the flags on ******** Marketplace. In the past I have sold flags on the ******** Marketplace venue and sold them for $10 a flag, which is an amazing price for used flags.

  So, I will agree that the respondent threw away 100 of my flags (even though it was 287), and take the $1,000 to make up for their admitted fault of not posting that unlisted flags would be discarded.  Again, had that policy been listed on their website, at the time I consigned, which the respondent and his employees have admitted to, I would never had sent any flags to them, and thus sold the flags myself and brought in monies the Band Boosters needs.
  

  Please send me back the 97 flags you do have, as well as a $1,000 check made out to ***** since I have proof (that you agree with) that your policy of throwing away rejected items was not listed anywhere online at the time I sent in the flags.
  
  Regards,
  
  *****************************, Treasurer
  *********************** ************************

  Business response

  02/01/2022

  Their items that we chose to list on the website will be returned.   Nothing further needs to be done 

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