GlitterSniffer Cosmetics and Google Checkout Followup

GlitterSniffer Cosmetics has been using Google Checkout to process their payments since January when the company was refused access to and use of their Paypal accounts after an investigation. Recently there have been claims filed against GS via Google Checkout for nonreceipt of items.

Several claims have been successful, with GC refunding after a 5 day wait time and no response to the claims by the company.  The process for GC was to file the claim and wait 5 days for a response. According to an email received by a claimant that 5 day waiting period is no longer necessary.

The email from Google Checkout, edited only to remove the recipients identifying information:

Subject: Re: [redacted] I need a refund. I never received my order.
From: Google Checkout <checkout-support@google.com>
To: redacted
CC:

Hello,

Thank you for contacting us about Google Order #redacted. We no
longer allow Glittersniffer Cosmetics to process orders using Google
Checkout. As your account shows that you have already been charged for
this order, we have issued you a refund to the credit card used to place
this order.

Refunds can take up to an additional three business days to appear on your
credit card statement. If the refund does not appear, please contact your
bank for more information. To see which credit card was used in this
transaction, visit redacted.

If the refund is successful and the seller provides sufficient evidence
that your order was completed according to our Terms of Service and their
published policies, you may be recharged for this order. If you don't hear
from us within four weeks, please consider this refund final.

If you'd like to place a new order with this seller outside of Google
Checkout, please do so at your own risk. Alternatively, to view a
selection of other stores using Google Checkout, please visit
http://www.google.com/checkout/m.html

We sincerely apologize for any inconvenience this order may have caused
you.

Sincerely,

The Google Checkout Team

 A wonderful development for the claimants, but also a business affecting change for GS.

As per this email, confirmed by Google Checkout, GlitterSniffer Cosmetics may no longer process payments via this method. At this time Google Checkout is still listed at the payment processor on the GS Artfire, though the only thing listed is $1 Samples.

Thank you to the recipient for sharing. More information as it becomes available.

Others Experiences- Google Checkout Refund

Recently there have been several posts to the GlitterSniffer Complaints Facebook page about newer customers recovering their funds for unreceived or incorrect product from GlitterSniffer Cosmetics.

Many people have had success disputing the charges with their banks or credit card companies. I posted previously about Google Checkout and their nonbinding mediation.

One poster, however, had a different experience. Here is her story:

All I did was file a claim with Google Checkout. I submitted the form and told them I wanted a refund because the item I received wasn't what I ordered. I had to wait 5 days for a response from the seller (of course, there was no response). After that 5 day period I had to contact them again using a link in the e-mail they sent me about my claim, and I just told them I still had no response from the seller. They had my money back in my account within 24 hours. People who received incorrect orders can do this, too. I still have the $8 grab bag she sent me (I ordered $40 worth of items) and due to FTC regulations I don't have to send it back. Consumers are not obligated to return incorrect orders to receive a refund.

The FTC regulation the poster is referring to is regarding Unordered Merchandise. In this case it may fall under the "honest shipping error" portion, which the FTC states should be handled by contacting the seller with an offer to return it at no expense to the consumer within a specified time frame. If the seller does not make arrangements to pick the merchandise up or have it shipped back within that time frame then the consumer has the right to keep it without being charged. I will verify that the poster was actively posting on the GlitterSniffer Cosmetics Facebook page inquiring about answers to emails and her replacement order so a good faith attempt was made to contact the company.

The poster filed her dispute with Google Checkout at this link and was refunded as she had purchased within the last 90 days.

Thank you to the poster for sharing.

GlitterSniffer Cosmetics Facebook Page

The GlitterSniffer Cosmetics Facebook page is no longer accessible and hasn't been for a couple of days. The page was taken down by proprietor Lela Warren for various reasons, including illness and the posts that were on the page. Lela Warren states that in her absence the page was being abused and things will be done "(her) way now".

 

Here are screenshots, dated from 4/20-4/22/11, of what resulted in the temporary removal of the page.

 

It would seem that only one of the variety of posts referenced any other companies. Though it has never been my personal practice to post to the GS fan page, it is understandable that those with previous issues would be concerned about current customers and their own issues with the business practices of GS. Given the company's track record this type of post to the page should not be a surprise. Had these customers had their issues addressed, either by an answer to their (sometimes multiple) emails, their products arriving in a timely manner, or the correct order being sent, the posts to the page would not be happening and the proprietor could deal with any life affecting issues without a need to worry. Instead, after committing to change on 4/10/11, there was nothing but radio silence.

The easiest way to not have to deal with these sorts of posts, other than ignoring the issues by taking down the page, would be for the company to simply do what it says it will do. When a customer pays for something in good faith they have every right to receive exactly what they ordered in the stated turnaround time. The Federal Trade Commission says so

The United States Postal Service says so

Google Checkout says so

and the Michigan Attorney General says so.

The plain fact of the matter is it is not up to the proprietor to say it must be done her way. GS' way it would seem is to dismiss the issues and continue on to new customers. I can state for a fact that my complaint to the Michigan Attorney General came with the suggestion of pursuing the matter in court because GS failed to respond to multiple attempts at contact by the AG. The Better Business Bureau has rated GlitterSniiffer Cosmetics an F. Of the 5 complaints filed with the BBB NONE of the complaints received a response.

 

If the company doesn't want these things on their page then there is a simple way to deter them from ever being posted. Follow through on all commitments in accordance with every regulation, guideline, and Terms of Service you agreed to the day you put your first item up for sale. If that doesn't happen then whatever public comment about your business results from that is a consequence of that choice.

GlitterSniffer Cosmetics Turnaround Time- Google Checkout and The Mail and Telephone Order Merchandise Rule

On Saturday, March 12, 2011, GlitterSniffer Cosmetics announced a change in their turnaround time for orders. They extended it from 5 business days, as stated in their listings and their Artfire policies, to 15 days.  The explanation was that there is a 10 day hold on their funds remitted via their payment processor Google Checkout as a new merchant.

The company states this is temporary, for approximately a month.

A check of Google Checkout shows that it is a policy to place a 10 day hold on funds for new merchants for a period of 60 days, then for a review to be conducted to lift the hold.

GlitterSniffer Cosmetics began using Google Checkout on January 28, 2011. The review would be conducted by Google Checkout in about 2 weeks time, not the month that GlitterSniffer Cosmetics is stating.

The hold is placed on funds remitted to the merchant, not the actual charge to the method of payment. This means that GS has to charge the funds then wait the ten day hold. The company has 168 hours (7 days) to capture the funds. Despite the funds not actually being transferred to the company they are obligated, per Google Checkout Program Policies and Guidelines, to fulfill orders within 24 hours of charging the method of payment. 

This would seem to indicate that per Google Checkout Program Policies and Guidelines the new 15 day turnaround time is incorrect if the company wishes to be compliant with the guidelines. Once the money is charged (which at the longest is 7 days) the order must ship within 24 hours to meet the guidelines. That is, at most, 8 days. 


Additionally, the new turnaround time would need to meet the criteria set forth by the FTC Mail and Telephone Order Merchandise Rule, which states:

The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days.

 If, after taking the customer’s order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment. If you cannot obtain the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise.

This means, per the Federal Trade Commission, the merchandise must be shipped out in the agreed turnaround time, or the customer must consent to the delay. If the customer does not agree expressly to the delay then the company must issue a refund without the customer having to ask.

It is unknown at this time if all customers with current orders have been notified and given consent for the delay, nor if Google Checkout is aware of the issue GlitterSniffer Cosmetics seems to be having with the new turnaround time and meeting their payment processors' policies and guidelines. As of publication, the listings and policies for GlitterSniffer Cosmetics on Artfire still give a stated turnaround time of 5 business days.

I will update in the event new information becomes available.

Paypal

There has been much discussion as of late about Paypal and GlitterSniffer Cosmetics use of the service. Several people contacted Paypal to followup on their claims/disputes/money requests, and were told that the GS account was under investigation. I contacted Paypal as well to report that multiple accounts were being utilized and was told at that time that the matter would be looked into.

On January 23 Lela Warren, proprietor of GlitterSniffer Cosmetics, had this to say regarding Paypal:

A recording of that conversation was briefly posted to the GlitterSniffer Complaints Facebook page by Lela Warren, but was removed as it was unclear as to whether or not permission to record the conversation had been obtained.

This was posted today:

GlitterSniffer Cosmetics no longer has access to their Paypal accounts as the newest account was flagged by numerous people. It would seem that despite GlitterSniffer Cosmetics statement to the contrary on January 23 that by GS own admission today there was an investigation by Paypal that resulted in the accounts no longer being able to be utilized.

GlitterSniffer Cosmetics is now using Google Checkout as their means to continue business. It should be noted that use of Google Checkout provides very little consumer protection. Per their Terms of Service:

GPC will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction. If Customers are unable to resolve a dispute, we can mediate disputes between buyers and sellers if either party requests assistance. If this occurs, we will review the dispute and propose a non-binding solution, if appropriate.

Unlike Paypal the use of Google Checkout is at the buyer's own risk, and any attempts by Google to settle any disputes do not have to be honored by GlitterSniffer Cosmetics.