Complaint Deposit given. Exchange sought on deposit. Company changed terms and kept deposit. Nothing to show for deposit given and no goodwill. Large deposit made on a hot tub. We were told that exchanges were allowed. Prior to delivery we opted to exchange the hot tub for another item. Management told us that this was now not allowed and an exchange would result in a 're stocking' fee which was more than the $3000 deposit given. This was a fictitious policy that we weren't informed of. They kept our deposit and won't give us anything for it.
Desired Settlement Exchange of merchandise up to the value of the deposit given of $3000
Business Response The consumer attended our show and purchased a floor model hot tub from our ******** **** on Sept 19, 2015.
The terms of the purchase are clearly identified on the bottom of the contract under which the customer signed that they had read and agreed to. The terms relevant to this complaint are: "I understand that this is an in stock model and no cancellations can be made","deposits are non-refundable" and "delivery is supposed to be taken in 30 days". A deposit was voluntarily given by the customer on Sept 19 2015 to confirm the order.
We contacted this customer several times over the next 5 months to book delivery. They indicated that they weren't ready for it to be delivered so each time so we agreed to store it at our expense in a warehouse for delivery at a later date. Now 5 months later they have informed us that they no longer want the spa.
We've had discussions and are willing to work with the customer allowing a restocking fee (standard as we have incurred costs on our side) or the opportunity to purchase the same purchase value ($10,000) in other merchandise without a restocking fee. We are also willing to store their hot tub longer if needed at no extra charge should their situation change.
Consumer Response Business never disclosed or furnished me with their 'terms and conditions'. I believe these 'terms and conditions' are fictitious. This agreement never would have been entered into (by me) if this business didn't mislead me into believing that this item wasn't exchangeable. I believe that this business owes all consumers a duty of care when entering into a transaction and fully disclosing all their apparent 'terms & conditions'. As this business chooses to take my money and offer me nothing for it, I will be escalating the matter.
Final Business Response As per our original response the terms and conditions are clearly stated on the sales order above where the customer signed. We have incurred costs storing their spa along with loss of commissions paid, etc. We are eager to work with them as per our original response and/or deliver their spa so that they can start enjoying it.
Please refer to the attached sales order contract that was signed by the customer. At the bottom note the Terms and Conditions that are agreed to.
Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) Their boilerplate 'Terms & Conditions' were NOT disclosed to me at the time. They offered verbal assurances that this item may be exchanged without recourse. This merchant owes me as Duty of Care as I am a public consumer. This is a fraudulent merchant and I will be escalating this matter if they do not give me a full refund of my deposit.
Complaint The hot tub that I purchased on July 26 2013 has never worked properly since its been hooked up in mid August and has never been fixed right On July 27 2013 I purchased a Healthy living hot tub ser #******* from premium wholesale at a sale in Sault ste marie for the sum of 9034.35 for which I paid cash and in full,less than four weeks later when the installation was completed I contacted premium because my tub would not heat up at all so they sent someone out to change the heater.A few days later I contacted the company because my tub would heat up over set temp and shut down,to which the lady I spoke told me I had programmed it wrong so she commenced to go through the programming with me.when she was finished I explained to her that that was exactly how I had programmed it the first time.Two days or so later I recontacted premium because my tub was still over heating and shutting down to which I was told was due to the heat wave of summer which .This phone tag kept up till early December when their service tec.******* informed me that they decided that the pump was the problem and if I could change it they would give me a sixty dollar in store credit. A few weeks lter when it had warmed up outside enough to change the pump,I contacted ******* again to tell let him know that a day after I had changed the pump the heater had burnt out again.Shortly there after I received a new heater and after installation the tub overheated again and shut down.I now contacted ******* again which ended up in a heated discussion due to him wanting me to pay for a service call to fix my new tub that has never worked right from the day it was new,now Im just so tired of dealing with this company I would just rather them give me back my money and take back their faulty tub,for the last two weeks when last I spoke to ******* he was going to have a repairman at my house to fix my tub within two day days and for two weeks now no one has returned my calls
Desired Settlement In my opinion there is no way that I can deal with this company due to the length of time which I have had this hot tub,been paying to keep it heated and not be able to enjoy it. Their claim of hassel free warranty has made me rather upset and I would just rather buy my self a hot tub from some place else.
Business Response We are aware of the difficulties that Mr. ******** has had with his spa as we have worked with him on several occasions already.
Our records show that there have been several different problems with the spa. In the past we had thought that he was running correctly and it was a programming issue. More recently we have sent him parts as per the manufacturer and advised him on swapping them out as he agreed.
This has not solved the problem. The contention was a travel fee that is a standard warranty charge but we have decided to waive it again in good faith customer service and get to the bottom of the problem.
We have been in contact with Mr. ******** and are in the process of sending out a technician to diagnose the spa with the manufacturer Master Spas. We will then move forward with correcting the issue. I have told him to contact me directly if he has any issues moving forward.
The information in the table below represents an industry comparison of businesses which are of the same relative size. This is based on BBB's database of businesses located in BBB Central Ontario. Businesses may engage in more than one type of business. The percent of time the business engages in a type of business is not accounted for. There is no known industry standard for the number of complaints a business can expect. The volume of business and number of transactions may have a bearing on the number of complaints received by BBB.
*Premium Wholesale: Home & Leisure is in this range.
BBB records show the issues raised in the complaint have been resolved. Either customer confirmed the complaint has been resolved, or business confirmed the complaint has been resolved and customer did not respond to BBB correspondence informing customer that complaint will be considered resolved unless BBB hears otherwise from customer.
BBB found business made good faith effort to resolve complaint but customer not satisfied with business response
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Customer not satisfied with business response; BBB did not find business made good faith effort to resolve complaint
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BBB did not receive a response from business
BBB did not receive a response from business after two attempts to contact business, and BBB communications with customer do not show that business contacted customer to resolve the complaint.
BBB cannot process complaint
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