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.

Others Experiences-Further Fundraiser Followup

I posted about a need for information regarding the Fundraiser for Christie Brooks on February 21, 2011. I want to thank everyone for responding or helping get the word out so Christie could get a total.

Briefly, GlitterSniffer Cosmetics held a fundraiser for Christie Brooks' father after a devastating fire in December in which he lost his home and all of his possessions. Despite many promises that a gift card with funds raised and personally promised by the company had been sent it never materialized. The company contacted Christie in February and requested an accounting of how much was owed for the fundraiser, despite Christie not having access to this information as it all went into the GS Paypal. It should be noted that GS had to access their Paypal emails to provide customer information to the FDA in regards to the recall so it appears they had ready access to most of the donation figures themselves, but for whatever reason did not do an accounting.

GlitterSniffer Cosmetics contacted Christie on 2/21/11 and asked how much more than $80.00 was owed for the fundraiser.

Christie responded and asked for clarification. GS responded and rescinded their own personal commitment to send $100.00, citing a feeling of betrayal, but committed to sending any other monies owed for the fundraiser. They apologized for the long wait and stated that in an effort to turn the company around they wanted to make a sincere effort to make it right.

 

Christie asked that GS go back through their receipts and send her the total they had. The response was $78.00. At that point the request for information from those that had donated had already been posted to the blog and on Facebook.

After the responses to the blog and Facebook posta were totaled Christie again contacted GlitterSniffer Cosmetics on February 24, 2011 and informed them that it appeared the actual amount owed was $144.00. Here is GS response:

In an effort to resolve the matter Christie proposed that an average of the two amounts, $78.00 and $144.00, be sent, a total of $111.00.

Almost two months to the day later since the initial email requesting a total was sent by GS the fundraiser money still has not been remitted and no further communication has transpired between Christie and the company in regards to the situation, despite their "sincere effort to make this right".

**Note: GlitterSniffer Cosmetics has added a confidentiality disclaimer to their emails since these communications were sent. They are posted here as they were not disclaimed, and Lela herself gives permission in the email for its dissemination in the February 23, 2011 message. Though I have not personally had communication with the company since the disclaimer was added I would like to take a moment and state that I refuse the terms of the email disclaimer. As it takes an agreement to make such a disclaimer binding to both parties the company is now forewarned that no such agreement is in place with me and I will continue to post any communications between myself and the company freely and without legal consequence should any communication occur. I am making this declaration public as I was asked to cease private communication with the company and am more than willing to comply with that particular request.**

4/22/11 ETA: Corrected the second total to $144.00 from $114.00. Thank you to the eagle eyed Facebook page member for pointing it out. 

FDA Dispute Resolution-Followup

Two hours after my email to the FDA Office of the Ombudsman regarding the escalation of my complaint about the March 23 FDA Enforcement Report and the information within it I received a reply.

My concerns have been forwarded to the Compliance Division of the FDA Center for Food Safety and Applied Nutrition, the FDA regulatory arm for cosmetics.

I will update as more information becomes available.

FDA Dispute Resolution

I emailed the FDA Office of the Ombudsman  at ombuds@oc.fda.gov to escalate my FDA complaint in regards to the March 23 FDA Enforcement Report and the information it contained.

According to the FDA site the Office of the Ombudsman is for dispute resolution:

The Office of the Ombudsman is a resource for individuals and for companies when they are experiencing problems with the regulatory process or with the application of FDA policies or procedures. The Office of the Ombudsman provides assistance if there are problems or concerns that are not being addressed, or cannot be addressed, at the center or district level, or when there are concerns about raising an issue at that level. If requested, confidentiality will be maintained by the Office of the Ombudsman to the greatest extent possible.

I outlined my concerns about the information provided to the FDA about the recall, including the communication of the recall by the company and the possibility that the reach exceeds the 500 units in commerce that was reported to the FDA. I included a link to the post with supporting information and I identified myself by name.

There is no clear turnaround time for response, but I plan to make a follow up call in a week to (301) 796-8530 if I have not heard back about my concerns with the handling/reporting of the GlitterSniffer Cosmetics recall.

Wash, Rinse, Repeat: GlitterSniffer Cosmetics Commits to Change

On April 10, 2011 GlitterSniffer Cosmetics recommitted to a 3-5 day turnaround time, and a "150%" commitment to turn "this ship around". They cited "a serious rough few months" and depression, but stated they were finally ready to make some "serious changes".

GlitterSniffer Cosmetics has a history of recognizing the need for change and committing to it.

From July 28, 2010:

December 21, 2010:

October 23, 2010:

December 23, 2010:

and from January 13, 2011, the 'official' recall information.

In the ten days since their commitment to give 150% here is the reality of what has been happening:

The email address was supplied by a fan, not GS.

 

All these were taken from the GS Facebook Fan Page and most have since been removed.

From 4/19/11, an announcement that orders were being sent. Of the eight replies from paying customers waiting for orders four were asking about replacement or incorrect orders.

Currently the only thing publicly for sale on the GlitterSniffer Cosmetics Artfire is a 1/2 Pot of Pigment for $1.00.

There are no ingredients in this listing. As they are technically samples the FDA does not require ingredients to be labeled, though it should be noted that GS themselves committed to list all ingredients for all products they sold after the recall.

 

Though it has been reiterated numerous times and the company has recognized the need for change and even commits to it it is demonstrable that they continue to fail to follow through, with the issues arising again in increasingly shorter intervals. People are still waiting on refunds promised since December. Orders are still incorrect, if they are received at all. Emails are still going unanswered. 

When two blogs, a Twitter, and a Facebook page are created to inform people of your business practices, and the page alone has a membership that is 10% of your company's Facebook fan base that should be a clear indicator that something is extremely amiss.

That the company committed to serious changes not ten days ago and then went right back to not answering emails shows that it's going to take a mighty big rudder and a steady hand at the helm to turn the GS ship around. I know I for one will be watching to see how exactly they plan to do it.

Mark Twain once said “If you do what you’ve always done, you’ll get what you always got.” It seems in the case of GlitterSniffer Cosmetics  truer words have never been spoken.

GlitterSniffer Cosmetics Mineral Makeup Class

Recently GlitterSniffer Cosmetics announced it would be holding a Mineral Makeup formulating class.

 

The class was to be held at the Redford, MI YWCA on April 23 with a cost of $35.00.

I was made aware that several people had contacted the YWCA with their concerns regarding the class and the possibility of liability for the YWCA. It should be noted that GS stance is that all of their current products are eye approved and their formulating techniques are sanitary.

The class had ostensibly been canceled, with no clear explanation given, though the event invite was still on Facebook. I contacted the Redfield YWCA to confirm the cancellation on 4/15/11. After several phone calls I was informed that it was indeed canceled, that the event invite was still up in error, and was given an apology for the misinformation. The direct quote from the person I spoke with at the YWCA was "We are not affiliated with her". The event invite for the class has since been removed.

The event has now been rescheduled and GlitterSniffer Cosmetics is encouraging attendees to bring their friends and older children.

GlitterSniffer Cosmetics has been less than forthcoming regarding the details of the rescheduled class. After a bit of research and a phone call I was able to determine that the rescheduled class will now be held on Saturday, May 7 at 3 PM at Redford Karate. The cost has been lowered to $15.00 and attendees will be able to keep whatever they make. It is speculation at this point as to whether Redford Karate knows of the past recall and formulation concerns as well as the business practices of GS, but a person no longer publicly identified as being an employee of GS appears to have had some hand, at least tacitly, in the booking and hopefully would have disclosed this information so that RK could make an informed decision.

4/19/11 ETA: I have received an email stating that the class has been canceled. According to the email Redford Karate was informed of GlitterSniffer Cosmetics past and current business practices by a former customer and opted not to have the class.