Shophyperformance Won't refund money even though they shipped wrong product and product was damaged Toronto Internet

Sadly I too have been victimized by shophyperformance in Toronto. 18 months ago I ordered 2 racing seats from their catalogue. They billed my credit card immediately and then after several weeks, when I called to find out where my seats were, I was told the seats I ordered were "out of stock" (their catalogue showed and still shows them in stock) and offered me upgraded seats at no extra cost. I refused the upgrade as I wanted grey seats and only grey. I was contacted and told they had found grey seats and that they had been shipped to me. When they arrived (now 2 + months since intial order) the seats were black, not grey and badly damaged. I contacted "Pam" the manager and returned the seats.

First they claimed they never got them back but I proved that to be a lie by getting delivery confirmation from the courier. Then I asked for my money back and was told refunds were not allowed by company "policy". I found other seats in their catalogue but ever time I did, they were "out of stock". I threatened a law suit and then I was promised a refund cheque. After being told several times the cheque was "in the mail" , they finally admitted to cheque had been sent.

I then was able to track down the actual owner 's E-Mail (the parent company sells costume jewellry and handbags) and began the task of filing for small claims court. Then suddenly I got a personal cheque in the mail for 60% of the amount owed to me. I was then told 40% was being deducted for the damage done to the seats I returned!! I told them the carrier did the damage so file a claim with them and give me the rest of my money back! I was then offered store credit for the balance I was owed. Again, everything I tried to order with my credit was either out of stock or not actually sold by Hyperformance despite the fact the products are shown in their catalogue.

I settled for some parts I did not even need in the hopes I could re-sell and recover some of my money. Again I was promised the parts would be shipped to me by Christmas 2008 but to date I have received nothing and they have not responded to the last 20 E-Mails I have sent.

I would be interested in hearing other stories about this company, I have seen similar reports to mine on several performance car web sites and am beginning to believe what's happened to me is happening to a LOT of people and something needs be done to get this firm to either provide the products they claim to sell or refund people's money or close their store for good before more people get ripped off. The Better Business Bureau have also tried to help but Shophyperformance is not a member and do not respond to complaints registered with the BBB.

Wayne
Embrun, Ontario
Canada