everythinghome.com - popcorn maker promised for delivery before Christmas - later told delivery wouldn't be in time for Christmas

From: everythinghome.com - popcorn maker promised for delivery before Christmas - later told delivery wouldn't be in time for Christmas

Here I am again, needing help or feedback from others. I think I may have messed up a bit. Here goes:

My brothers and sisters decided to buy my father a large, concession type popcorn maker, for Christmas. We shopped around and I found one similar to what we wanted, on everythinghome.com (which I found through a MSN search). The price was good and the customer ratings were good (they are located somewhere within the yahoo stores). On the page with the popcorn maker, there was a rather large, red, note that stated for delivery by Christmas, this item must be ordered before 12/15/03, at 1PM P.S.T.

I collected the appropriate amount, from my bro/sis(s), for their share and took control of the ordering process.

Call me nieve but I decided to order. (They did say delivery by Christmas). I tried to call and place my order, so that I could talk to someone live but was put on hold, for 15+ minutes. Time was running out, so I opted to order online. I also opted for UPS ground shipping because the website didn't state that the order had to be shipped another method to get here by Christmas. I also noted, in the comment section, to contact me directly (I gave my work/home numbers) if the product could not be delivered by Christmas via the method chosen.

I tried to call them later that day, to speak with a live person. I called at 8 PM E.S.T. (5 PM P.S.T.) and got a voice message that thier hours of operation are until 6 PM P.S.T. and that they were closed (this has happened regularly since). I emailed the company and got no response.

Yesterday, my debit card (I opted for debit instead of credit, which may have been stupid, on my part) was charged the $385.08 (the cost of the product but not the shipping). When I called the company, at 7 pm e.s.t., I was put on hold for 38 minutes. When I finally got a gal on the phone, she said that if the website said that delivery by Christmas was possible, then delivery would happen by Christmas, yet she didn't have a tracking number yet.

Today, I got an email from the company that said since I had opted for UPS ground shipping then the product couldn't be delivered by Christmas. When I tried to phone the rep, I got voice mail, so I opted to email. I stated that I expected delivery by Christmas, as stated on their website, even if it meant that they would have to split the shipping cost and that I wanted them to contact me via the phone, as soon as possible. They emailed back stating "sorry, no".

I was pissed, so I opted to check them out with the online BBB (which I now think I should have before I ordered). The BBB had on thier website that everythinghome has a poor reputation with customer service, offers misrepresented poor quality products, and often fails to give refunds adequately. It also quoted some fair trade law that this company must often violate.

I filed a complaint with the BBB online. I called and left a message with the customer svc rep stating that I had done so and that I expected a phone call from them tomorrow.

I don't know what to do now? They have my money. It was taken out of my bank account via my debit card. I don't know if I have any protection with that. Do I?

I have a family member which is an attorney. Should I contact her?

What do I do? I have to have this gift before Christmas!

Tim and Krys Smith

Beaufort, South Carolina

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