1 Dec, 2020 → by ClaimboUser341349
Your customer service is terrible

1

On November 27, 2020, I received an email promotion for $35 for a new magicjack and 1 year of service. Since I have been having problems for the last 12 months and no one in customer service seems to be able to resolve the problem I thought I would buy a new one and hope that would resolve the problem. I tried to make the purchase but it had the wrong credit card and your system would not let me make a change. (you should resolve this problem). Today, December 1) I called to see if someone could help me and they said the pronotion was over and now they wanted to charge me $39.99. No one in your customer service department was willing to help and that made me take a closer look at your billing which includes the item cost, administration fee, shipping, and tax. I realized the tax amount was wrong because you are billing tax on shipping which is not the case in California where I reside. If you are interested in the California law here is some information. Heres the breakdown. First, if the sale is otherwise not taxable, any related charges, including shipping, are not taxable. If the sale IS taxable, then shipping may be nontaxable, partially taxable, or fully taxable. Non-Taxable: To achieve this, you must meet three criteria. First, you must ship directly to the purchaser by common carrier, contract carrier, or US mail. Second, your invoice clearly lists shipping, handling, delivery, etc. charges separately. Lastly, the charge is not greater than your actual cost for delivery to customer. Partially Taxable: If you meet all the criteria EXCEPT the last, your shipping cost may be partially taxable. The portion of the delivery charge that is greater than the actual delivery cost is the part that is taxable. Ex: You charge a $3.99 flat rate to your customers to ship all of your products, but the USPS only charges you $3.03 to ship a particular item. The $0.96 that you charged your customer over and above the actual price you paid to ship the item will be taxable. Another time this could happen is if you combine the shipping & handling costs the handling will be taxable, though shipping might not be. Fully Taxable: There are several ways you can find yourself fully taxed for shipping in California: You dont keep adequate records and cant prove actual shipping cost. You deliver merchandise with your own vehicle You make a separate charge for fuel or handling. You include a delivery charge in the unit price (i.e. the delivery charge is not separately stated). You include the freight-in cost, or cost of shipping merchandise to your business. If you hit any of these points, you most likely will have to collect sales tax on shipping. Summary of Sales Tax on Shipping in California In summary, California is extremely complicated when it comes to shipping and sales tax. Your best bet is to hit the three criteria for not being taxed: ship directly to the purchaser, clearly list your shipping cost separately, and dont charge more than the price charged by the carrier for shipping. Anything else and youre going to get hit with at least a partial tax on shipping, if not a tax on the full price of shipping. If you don't follow the law in California in might be subject to a large fine or a class action suit. All I am asking for is for you to honor your $35 promotion and charge me the correct sales tax. Hopefully your new product is better than the old product. Thanks for your time, Rich Weichbrod account ID 4081****
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