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Beware of the fine print in Terms of Service before you complain online

unhappyfaceJohn and Jennifer Palmer of Layton, Utah are suing an online retailer over a $3,500 charge assessed to them by KlearGear.com, a Grandville, Mich. company which the Palmers posted a negative online review with Ripoff Reports.com.

Perhaps you have never read the fine print in the Terms of Service when ordering merchandise, but this situation might encourage consumers to pay attention, since it is well known that litigation costs money. So let’s start from the beginning.

In December 2008, John Palmer ordered a desk toy and key chain from KlearGear.com; the entire purchase added to less than $20. It seems the tchotcheke never showed up, so after a number of unsuccessful attempts to reach the company, the couple canceled their order via their Paypal account. Pretty standard fare one would say, except Jennifer decided to post an unfavorable review of her dissatisfaction with the company on Ripoff Reports.com, a site that doesn’t remove posts unless legal fees are involved. Jennifer’s criticism, in part, included the following:

“There is absolutely no way to get in touch with a physical human being. No extensions work.”

So who would have thought after three years, the KlearGear company would seemingly send the couple an email giving them 72 hours to remove the unflattering review. According to CNN.com, the company’s demand was based on an obscure (or maybe not so obscure) “non-disparagement clause” which stated:

 “Your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com.” The Palmers say this clause was added after they purchased the items, citing their 2008 customer agreement which they found.”

The Palmers claim their credit has been adversely affected by the company who reported the $3,500 charge to the credit bureau as an unpaid charge. The couple is taking this to court and have vowed not to give up. CNN legal expert, Paul Callan stated the terms of use of the company would most likely be deemed as unfair and be thrown out of court.

“We don’t want them to get away with this,” Jen Palmer said. “We are apparently not the only ones that they have done this to, but we are the only ones who are fighting back. And we’re not giving up.”

Meanwhile KlearGear seems to be taking a lot of heat and criticism.

Interestingly enough, the First Amendment does guarantee us the freedom of speech, however you better be sure it’s accurate because you could be sued for libel; even without a “non-disparagement clause.”

During this busy holiday shopping season, take the time to read the fine print.

The golden rules of customer loyalty

It’s well recognized amongst all business owners that it cost more money to find new customers than to keep the customers we already have while trying to attract more clients to climb aboard our growing organizations. No matter how we try to dazzle, the golden rule of presenting the best product and doing it right, continues to successfully align our future for growth and success.

The ultimate satisfaction for customers is receiving the best product at a reasonable and competitive cost. We must strive to deliver all that we have promised on our websites, in our flyers, and on social media. To add to the best product or service we can supply, can we then deliver more? How do we step out of the box to help our customers realize the extra mile is what we are anxious to provide? Most of us have experienced customer service at its best and its worst. I treasure the shoe store where the salesperson knows me by name, knows what I like, and sends me a quick email when new merchandise comes into the store. And when I get a moment and arrive at the boutique, I am greeted with a big smile by my name and can always be assured the best is yet to come.

Now on the other side of the customer service grid lies the company only interested in viewing me as a dollar sign. “Look around, and if there’s anything we can help you with, just holler,” was the only interaction I received after having been in the store for 15 minutes. Those were the words the salesperson uttered as she looked up from the customer she was assisting seemingly annoyed; as if I was going to interfere with her lunch break.

Studies have shown that retail and restaurant customers will spend 40% more if the service provided is outstanding, so everyday we as business owners, should try to do better. Understanding their reality and adapting our programs, efforts, and products to enrich our customers lives show how we value each person.

Here are the Golden Rule suggestions of showing customers how much we value their business:

  • Treat all customers equally. Of course, some customers may spend more than others, but the referrals are what help us to succeed and grow. One never knows who just might walk into your store one day or call upon you for your expert services.
  • Value each customer and make everyone’s experience as efficient and as pleasant as possible.
  • Appreciate people and show them your appreciation by being on time, listening, acknowledging them as they walk into your store even if you are with another client, be polite and smile, and be well informed.
  • Have a process formulated to thank your customers; whether you send out personal thank-you notes, email appreciation letters, small gifts, or coupons for discounts on subsequent business.
  • Use loyalty reward programs. Especially useful now during the holiday shopping season when customers are plentiful, plan something special for after the holidays when business slows. Take that time to work on customer retention.

Although it is human nature to cater to the top tier of our business customers, we must never forget that earning the trust and respect of everyone is what helps us to succeed.

Image courtesy of Andres Rodriguez

Brick and mortar stores can still outdo Amazon with ‘Amazon Can’t Do That’

Hurried ShoppersIn a study titled “Amazon Can’t Do That” polling 1,500 consumers spanning the three generations of Millennial, Gen X, and Boomers research group, WD Partners concluded that shoppers still prefer feeling, walking around, and gathering with friends and families during the holiday shopping season. Whereas Amazon is no longer just a store for books, the grand giant now sells everything that can be sold or delivered, so how do local stores compete, and what needs to be done to gain customer loyalty even after the last ornaments have been neatly tucked away?

As convenient as it was to shop on Cyber Monday, the news media burst  with headlines displaying throngs of shoppers postponing their family turkey dinners to stand in line for incredible deals such as 50″ flat screen televisions for $199, kitchen appliances at hefty discounts, or the most popular toys being sold in record numbers at Toys R’Us on Black Friday. Mix that with movie stars such as Jessica Simpson, Justin Bieber, and others superimposed talking to Kris Kringle in the Macy’s Department Store advertisement, which for the first time ever, opened on Thanksgiving Day, there’s still some profound popularity for the brick and mortar experience to find good service, good sales, and the nostalgia of the Season.

Still stores can’t depend on that warm and toasty experience shoppers love as they purchase gifts for their families and friends. Stores need to give customers what they want and make the experience pleasant if they want to see these same people post holiday time. If the shoppers’ experiences wind up with poor customer service, it’s apt to show up quite quickly on social media, and that could end up in a long run to recovery. It’s about making the experience stand out; some bonuses the shopper may not experience if they chose the online shopping path can also help build loyalty. For instance:

  • Offer free attractive gift wrapping and have numerous employees there to keep line waiting time to a minimum.
  • Offer free shipping for more expensive and luxury items with insurance.
  • Make customer assistance convenient and quick for shoppers. Use email, telephone calls, and live chats to help with service.
  • Use loyalty cards and give one out to every customer during the holiday shopping season that can quickly add up and provide a benefit or discount after the season. Make it an attractive offer and build customer loyalty at the same time.
  • Make sure to thank every customer, apologize for any oversight, correct the problems, and ask how you can be of any further assistance.
  • Offer discounts for multiple purchases. Everyone likes “buy one get one free.

According to WD Partners, however the brick and mortar store should be ” a place of inspiration and ideas that leaves shoppers with a high or sense of euphoria. The in-store shopping experience must offer more than a warehouse does. Retailers who provide this type of shopping experience will be successful this holiday shopping season.

“The store should be a place of inspiration and ideas that leaves shoppers with a high or sense of euphoria,” Lee Paterson, executive vice president of creative services of WD Partners, said in the study. “The in-store shopping experience must offer more than a warehouse does. Retailers who provide this type of shopping experience will be successful this holiday shopping season.” – See more here.