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BBB has determined that Spa Palace Inc. meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.
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Factors that raised the rating for Spa Palace Inc. include:
- Length of time business has been operating
- Complaint volume filed with BBB for business of this size
- Response to 1 complaint(s) filed against business
- Resolution of complaint(s) filed against business
Customer Complaints Summary Read complaint details
|Complaint Type||Total Closed Complaints|
|Problems with Product/Service||1|
|Total Closed Complaints||1|
Customer Reviews Summary Read customer reviews
|Customer Experience||Total Customer Reviews|
|Total Customer Reviews||0|
Type of Entity
Business ManagementMr. Monte Trusty, Manager
Spas & Hot Tubs - Dealers Gazebo Suppliers Swimming Pool Contractors, Dealers, Design Barbecuing Equipment Suppliers Billiard Equipment Suppliers
7620 S College Ave
Fort Collins, CO 80525 (970) 593-1000 Directions
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Problems with Product/Service
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Complaint: Sold a used spa that repeatedly leaked with jets that malfunctioned. Cannot get a refund and we cannot use store credit to buy new spa due to price. 10/21/12: Purchased 12 year old Artesian Turtle Bay spa from Spa Palace (SP) for $2685.83 (cash). Spa was for pain relief-****** has Lupus. Given 30 day warranty. 11/14/12: Spa delivered 3.5 wks post purchase. During delivery crew cracks side panel. SP won't replace only repairs with glue and cardboard 11/26/12: Call SP about leak in drain bib; lower back jet broken 11/17/12: technician at house inserts washer in drain bib; technician states chronic problems with broken jet 11/28/12: technician returns with part for jet 12/4/12: Leaks outside spa pan appear. Email *** ******(sales rep) to complain and ask for refund. Told "Spa Palace does not offer returns or refunds on one-only products that have been delivered. A new replacement model comparable to what you have now would run 8 - 9k in today's market. Should you wish to upgrade into a brand new model, we would be more than happy to work with you." 12/10/12: technician inspects leak; finds dampness inside panel and bottom pan is wet. 12/14/12: spa returned to store for leak repair. 12/23/12: call SP for spa update. ****** ****** (MT) says nothing done yet. 1/18/13: Visit SP very dissatisfied in the spa & repair service. MT says "we will make it right." 1/24/13: 6 weeks later, spa is redelivered. We ask for 2 week warranty to prove spa is good. MT agrees. 2/6-8/13: Spa leaks return,fixed jet had already stopped working and new jet stops functioning. We email and ask for refund 2/11/13: technician emails saying MT said to verify leak 2/11/13: we email SP that we're not interested in more repairs, technicians,or inconvenience. We ask for a refund 2/11/13: technician shows up despite our email and verifies leak 2/13/13: MT emails and asks us to call; ****(wife) calls and asks for refund not credit because we cannot afford a new spa. MT says he will ask corporate for refund. 2/13/13: **** sends thank you email 2/20-22/13: **** receives phone call at work. MT says no refund...only store credit. 2/28/13: We offer compromise to SP. Ask to return malfunctioning spa and offer to buy in credit form a $1693.00 BBQ and asked for the remainder in cash. 2/28/13: MT says he will see if BBQ is in stock; agrees to pick up spa on 3/1/13. 3/1/13: Spa, chemicals, parts, lid were returned to SP. **** emails MT and asks for a financial work up on the return. 3/4/13: MT emails to say he is working on BBQ order; asks about parts. 3/6/13: MT emails to say he has issued a credit memo; requested the BBQ; and requested a "balance of credit". 3/6/13: **** immediately emails and asks for clarification-we asked for refund in cash not more credit. 3/6/13: MT emails that the "refund is out of my hands, so to speak. When I receive the credit balance I will request a refund request (from the corporate office) in that amount." 3/6/13: **** emails: "Our last requests for a refund were denied. If we do not receive the refund we were requesting, we will return the BBQ and pursue other measures for a satisfactory outcome." 3/6/13: ****** emails to ask what route we are going so they don't order the grill. Returning it means a restocking fee. 3/6/13: **** emails to ask again about the refund stating the goal of using their credit for a BBQ we would never purchase under normal circumstances was to create a win-win for both parties. 3/6/13: MT finally tells truth: "You will not be getting a cash refund for the remainder of your balance. The balance will be issued as store credit." 3/6/13: We cancel BBQ order and contact BBB.
Desired Settlement: We want our money back. At the time of purchase we were not told about the no return policy, the chronic malfunctioning jet, that only store credit would be granted if there were problems. We cannot afford a new spa on the salary **** makes, ********* is unemployed due to his Lupus condition, and our experience with the quality of SP used spas has been terrible. We have stated emphatically that the $2685 was all we had to spend,that the spa was to help relieve pain and stress not cause more of both, that a store credit is not helpful as we cannot redeem it in a reasonable period of time or on a product that we need or want. The spa was for medical purposes. Purchasing the BBQ was our attempt at a compromise. SP refuses to compromise.
Business Response: Business Response /* (1000, 6, 2013/03/18) */ RESPONSE TO ACTIVITY REPORT CASE # XXXXXXXX MARCH 15, 2013 Page J 1 Consumer: Mr. ****** ****** Business info: Spa Palace Inc, First, we would like to apologize for any problems and inconveniences the customer may have had with their used spa. Spa' Palace Inc. Is the largest spa retailer in the State of Colorado. We have been in business for over 28 years and sell 100's of used spas each year that are taken in on trade when a customer buys new. Because we deal in used spas all of the time, we have procedures in place for refurbishing used spas, Each spa is fully tested, leaks repaired and parts replaced, as needed, to insure they are in proper working condition at the time of delivery. We deal in used spas, as well as new, because they can be offered for less money to consumers that have a limited budget to purchase a spa. Customers choosing to buy used products are making a choice to save some money on the front end and taking the gamble (risk) that the product will perform to their expectations. As we all know, buying a used car or anything else used, as consumers we take on more risk as a tradeoff for the lower price. One of the inherent problems with used spas is that they can be performing properly while we have them in our testing area however, that can change when the spa is delivered and moved to the customer's location. This is why we offer a thirty (30) day parts and labor warranty. The act of tipping these large heavy objects on their side and moving them into the customers' site can cause the workings to shift and move. if that happens, components can stop functioning or a leak can develop. We go over this at the time of sate and provide the 30 day warranty specifically to take care of these potential issues. The spa was delivered within the time frame stated on the contract. There were some special order items the customer requested such as the new Custom Cover, Ozone unit and E-Z lifter cover lifter that needed to be ordered and received before the deliver could take place. During the delivery of the spa there was a skirting panel that was damaged. The panel was brought to our repair shop and fixed. The customer carne to the shop, expressed how well the repair looked, stated his satisfaction with it and picked it up. If there are mechanical or plumbing issues after any spa is delivered (new or used), they are repaired on-site at the customers home. In this case, the store manager went above and beyond normal procedures and had the spa returned to the shop so that the repair could be done during the cold weather season. The leak was indeed a glue joint in one of the fittings that had failed. The entire joint was cut out and replaced. After the spa was repaired it was left running in the testing stand for several days to make sure the problem had been corrected. The customer was contacted and invited to the store to inspect the spa while it was still on the test stand so that they could verify the completed work This work was done during the Christmas season and any delays were caused holiday work schedules and the testing process. Consumer Response /* (3000, 8, 2013/03/23) */ (The consumer indicated he/she DID NOT accept the response from the business.) There are some errors and omissions in the response written by Spa Palace. I wish to summarize only a few: 1) My wife and I were not satisfied with the repair done on the panel broken by the delivery crew. It was glued together with cardboard and was told the spa was so old there was no other choice for repairs. While accepting the repair, I went away thinking it was a very cheap and shoddy way of repairing the item. Additionally, the side panels never did hold the screws meant to secure the lifter. Despite replacing those screws and attempting to secure the lifter, the screws continued to pull out of the side panels making the lifter unusable. 2) The spa was never repaired on site, not for the reasons stated by Spa Palace but because the technician preferred not to work outside in the cold temperatures (who can blame him). He was the one stating he would ask the store manager to return the spa to the store so he wouldn't have to work in the cold. Each time the spa was moved for a repair, a new leak occurred which confirmed to us that the spa was especially fragile, old and not worthy of resale as a used, well-tested, and satisfactory spa with at least $2595.00 worth of life left in it. 3) After the second leak we did not want to go through another repair process which entails changing schedules to be home for pickup of the spa, waiting weeks for repairs with little to no contact about the process and how long it would truly take, being home a second time for delivery, re-wiring all the connections, filling, heating, adding chemicals and then watching and waiting to see if the spa would leak a third time. In addition, one jet that was initially malfunctioning and repaired continued to malfunction. Additional jets were also were showing signs of failure. 4) We do not agree the store manager "attempted to work with the customer". In fact he never presented any options other than store credit, told us his hands were tied and that corporate denied our request for a refund. We are not sure he even approached corporate with our request or that he ever advocated for our position. We have no way of knowing one way or the other. Despite our frustrations and anger of being denied a refund, we were the ones who attempted to come back with a solution other than a store credit that we repeatedly told the manager we could not use since we cannot afford a new spa. We were the ones who reluctantly suggested we purchase a very expensive BBQ (which we didn't need or want) at $1639 (not including a stand or side panels or regulator) believing the balance would be refunded in cash thus eliminating any remaining store credit. It wasn't until the manager actually began the process of ordering the BBQ (nearly a week after our suggestion) that he finally disclosed there would be no refund even if we bought the BBQ. This was not what we were requesting. 5) During the sales process nothing was verbalized to us about a no return policy, a 40% restocking fee, or the troubles we would have if we did decide to return the unit and request a refund. The store manager never suggested or mentioned in all our subsequent email/phone requests that we would be subject to a 40% restocking fee because he flatly denied all our requests for a refund from the get go. It took contacting the Better Business Bureau before any kind of refund potential was truly acknowledged and before we sensed that anyone would truly start to advocate for our side of the experience. 6) While offering a refund is part of the answer in resolving this complaint, we believe there are two injustices in Spa Palace's policies: (1) While a 40% re-stocking fee is normally charged for items that are sent back to a plant, manufacturer or distributor-and especially in the case of special order items-40% for an item that needs transport less than ten miles one way and is going nowhere other than the same showroom it came from seems exorbitant. It was NEVER OUR FAULT that the spa leaked repeatedly and needed repairing. (2) A second injustice is Spa Palace failing to offer to purchase back at a fair but understandably reduced rate the "non-returnable" items that we clearly have no use for and for which they are deducting a large portion (31%) of the total purchase. What, in fact, we will do with a spa cover, cover lifter, chemicals, cartridge and ozone unit when we do not own a spa? Reason would dictate that Spa Palace could in fact reuse/resell/ and re-profit from the sale/use of these items as well as relieve us of the burden of having to sell or donate them ourselves. Proposing such a solution would have been a better step towards creating goodwill and "we will make it right" as the store manager continually told us. If Spa Palace had followed through on this, we would be more willing to recommend to family and friends to do business with Spa Palace. 7) Spa Palace's policies--by deducting the 40% restocking fee and not offering any recovery costs for "non-returnables"-has caused us to lose about 58% of our original spa costs unless we are able to sell the "non-returnables" on our own. Even if we are able to sell the "non-returnables" for a couple hundred bucks, we cannot recover even half our original outlay. Not only did we not get a trustworthy spa and have to deal with all the emotional and financial discomfort of having made a bad purchase (trips to their stores, water in and out of the spa, electricity, etc.) we also have to deal with the fact that we lost $1400 just because we walked in their store and made a purchase. For this compliant to be fairly resolved: 1) Spa Palace agrees to buy back from us the spa cover, lifters, ozonator, chemicals, and other non-returnable items at a fair market rate of their original value. 2) We also acknowledge Spa Palace's quick attempt to resolve our complaint by sending a check of $1105.60 (after the 40% restocking fee and deduction of items they deem non-returnable) to our home address. While the check is currently in our possession, it is not our intention to cash the check until the compliant has been fully resolved. Business Response /* (4000, 10, 2013/04/05) */ Re: Response to Consumer Rebuttal: Case # XXXXXXXX / ******, ****** In our previous statement we described in detail the inherent possibility that while delivering a used hot tub leaks can develop. This type of purchase, of an AS-IS used spa with 30 day warranty, is clearly written on the sales agreement that was completed, read and signed by ****** ****** at the time of purchase. Nothing has transpired between Spa Palace and the ******'s that is outside the realm of this signed purchase agreement other than Spa Palace giving an extension to that original warranty of an additional two weeks. The ******'s chose to return a product that in essence had two leaks (not including the O-ring that was installed in the drain cap) and each of these leaks developed after the product was delivered to their back yard. The first occurring after the original delivery and the second leak occurring after the spa was repaired at our facility, tested for over 7 days and returned to their back yard. As I stated before, this is common. In no way does it indicate a certain spa is any more or less fragile than any other. It is simply the nature of the product. If the ******'s would have permitted us to make a secondary repair onsite at their home after the spa was redelivered I can only assume they would be enjoying the benefits of the product now and would not be experiencing additional leaks. Our Sales contracts, which are completed at the time of purchase in person with the customer clearly state in bold lettering just above the required signature: "ALL SALES ARE FINAL. DOWN PAYMENTS ARE NOT REFUNDABLE. I have read the additional terms stated on the reverse side of this document and understand that they are part of this Contract." On the reverse side of this contract the fifth clause is stated as such. "It is agreed between the parties, that Spa Palace Inc. has incurred expenses while entering this Contract, but, because specific damages are hard to assess, the buyer will pay 40% of the Contract price to cancel this contract for any reason." Again on the eighth clause it states the following: "All Returns/Cancellations are subject to a 40% restocking fee." The ******'s claim of never being informed of such restocking fee is clearly incorrect as our sales documents and processes ensure the information is documented and acknowledged with a signature at the time of purchase. In addition, the ******'s would have had been extended the option of exchanging this hot tub for another used spa prior to the return being made. We currently, and at that time, have three additional used spas in our Fort Collins location and a total of eight used spas companywide that are at, or below, the original purchase amount of their spa. I believe that the ******'s chose to return the product due to buyer's remorse. They suggested they replace it with a $1700.00 Bar-b-Queue grill instead. This clearly shows they, no longer not want to own a hot tub. Spa Palace also has no interest in used; hot tub filters, partially used bottles of chemicals, ozone units etc. Just as this product was sold to the ******'s any future sale of this product would result in the second purchaser desiring new (not used) filters, chemicals, hot tub cover etc. We can talk in percentages but the real number we retained from their purchase is $712.14 and I can assure you that our expenses in this matter FAR outweigh that amount. In our letter enclosed with the refund which the ******'s agree they received promptly I stated that they had until March 31st, 2013 to pick up their additional merchandise. As of Friday, April 5th there has been no attempt or collection of that merchandise. I consider the miscellaneous merchandise to be forfeited and abandoned, the sales agreement, that was agreed to and signed by both parties, to have been correctly executed in the event of a return and that this matter has been addressed, substantiated, resolved to the best of our ability and closed. ****** ***** General Manager Spa Palace Inc. Consumer Response /* (4200, 12, 2013/04/11) */ (The consumer indicated he/she DID NOT accept the response from the business.) April 11, 2013 Consumer's reply to Spa Palace's response dated April 5, 2013 Unfortunately, Mr. ***** has never contacted us personally to clearly learn and understand our side of the story. He has not taken time to learn that we are former spa owners having had years and years of problem free spa ownership thus making his comment about buyer's remorse misguided. Despite his belief, at no time during recent telephone conversations or emails to the Fort Collins store manager, were we given the option to view other used spas for a possible exchange. Our options were to live with the unit in hand or a store credit. We were instructed by BBB that the terms set forth by Mr. ***** (pick up your items by March 30th) were not binding as we had disputed that resolution within the timeframe allowed. We did not pick up the items in question because we were expecting Spa Palace to offer a fair return price on the cover, lifter, chemicals, etc. making pick up unnecessary. At this point in the resolution process the complaint and corresponding responses have dissolved into "he said, she said" conversations with no further resolution at hand. Since Spa Palace is willing to sell used spas, but not willing to resell our used spa items which were used consistently for less than 3 months, we are left with the fact that Spa Palace is unwilling to assist us further. Therefore, we will pick up our items on or before May 2, 2013. We consider the BBB process concluded with only a partial resolution. Business Response /* (4000, 14, 2013/04/18) */ Mr. ****** was clearly told that they could apply the full amount of the purchase price to anything in our store. That is how the grill became part of the discussion. This would have included any new or used spas. Even though Mr. ****** has abandoned the items past the date specified we would be happy for them to pick them up before May 2nd. Mr. ****** is welcome to call the store manager and arrange a specific time with him to pick up the items that remain. Consumer Response /* (4200, 16, 2013/04/26) */ (The consumer indicated he/she DID NOT accept the response from the business.) April 26, 2013 Spa Palace continues to fail to address our issues and offer exceptional customer service. To resolve this complaint, Spa Palace needs to buy back the items in question at a 40% market value or $337.26. We are finished corresponding with Spa Palace and will pursue other avenues to resolve our complaint. Business Response /* (4000, 18, 2013/05/02) */ In our last correspondence Mr. ****** requested that we extend the deadline to May 2nd for them to retrieve the special order items. We did that in our response. We have addressed every issue that Mr. ****** has complained about to the best of our ability. It now appears that he has another new demand. I would like to be clear that we sympathize with Mr. ****** and have no ill feelings toward him, but just as our contract with him states "Spa Palace will not accept cancellation/returns on any special order items". Mr. ****** has not taken responsibility for any of his own decisions thru this entire process. I would like to extend one last time the offer for them to retrieve their special order items until May 10th, 2013. After that date the items will be disposed of as Spa Palace sees fit. Consumer Response /* (4200, 20, 2013/05/06) */ (The consumer indicated he/she DID NOT accept the response from the business.) Mr. ****** ***** fails to recall that we bought a leaking spa with two jets that malfunctioned and that after two attempts at repair the unit was still not in perfect working order. Mr. ***** forgets that when we would no longer tolerate the leaking spa, we did forfeit 40% in a restocking fee that his company charged us that did in fact honor his company's return policy. Mr. ***** continues to offer an option that is not acceptable to my wife and me: picking up spa accessories that we cannot use. We do not have a spa and do not need spa accessories. Mr. ***** is in the business of reselling used spas and yet he will not extend good customer service to us by returning the items at 40% off - which seems quite fair given those items were not used consistently for even three months time due to the leaking spa being in the repair shop more than our backyard. A new demand? We have previously asked Mr. ***** to offer a modicum return on our purchased spa accessories. We have contacted several other local spa companies and told them our story. Each of these companies stated they would return the spa accessories, so our request seems reasonable. These are hardly one of a kind, never to be made-sold-or used again products. They are normal spa accessories, which will surely be sold again by Mr. *****'s company if we don't pick them up by the deadline he has imposed. Policies are nothing more than guidelines to which there are always exceptions. In other transactions with other companies, we, the customer, have been treated in a way that despite a bad product or complaint we went away feeling that we would gladly do business again with that same company. That is not the case with Spa Palace. We agreed to a partial settlement in this matter that included a hefty 40% restocking fee by Spa Palace but we do not accept an inflexible return policy for items that we cannot use and for which Spa Palace can. If Mr. ***** cannot offer a modest reimbursement for our items, we will not pick them up and we will not accept resolution offered by Spa Palace. Let the complaint stand as it is with the Better Business Bureau.