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Complaint Details
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Initial Complaint
06/25/2022
- Complaint Type:
- Billing Issues
- Status:
- Answered
I put a 10% down payment on a hot tub, ($929). I was told that I had 30 days to cancel and I would still get my deposit back. I called a little over a week later to cancel before my hot tub was even delivered. They said I could cancel but refused to give me my deposit back. There wasn't even a need to require a deposit because the finance company would have given them 100% of the purchase price. I believe they ask for deposits for the sole purpose of keeping them when customers change their mind before delivery.
Business response
06/29/2022
On March 18, 2022, Mr. ****** put down a good faith deposit of $100 cash to secure a Balance 8 hot tub at the sales price during our event in Kansas City, Missouri. His contract gave him 30 days to apply for financing and his cash deposit would be refundable if he chose to not proceed during that time. Mr. ****** contacted me on June 8th, 2022 asking to finalize the purchase. Mr. ****** voluntarily applied for financing through our finance company, ********, and was approved. Originally, Mr. ****** asked to finance $7000 and would pay $3195.00 as his down payment. He called back on June 12, 2022 and asked to finance more than the $7000 originally requested. Since we require our customers to put down 10% of their own money when financing, Mr. ****** authorized me to run his credit card for $929.50 on June 13th, 2022. He financed $9265.50. Mr. ****** approved the finance transaction to release the funds to us via text message to ******** of June 13th. I then secured the hot tub from Master Spas for him and scheduled it to be shipped to Kansas City on June 23, 2022 and scheduled delivery with him for June 28, 2022.
Mr. ****** called back on June 21, 2022 and requested a cancellation of his order. At that time, I explained that we could cancel his order but his deposit would not be refunded. Our contract states that the customer has three days to cancel their contract and receive a refund. He was well past his three days. We did refund ******** the money we received from his finance account, since he was not going to receive the tub on June 22, 2022. Attached is a copy of his signed contract and the terms of the contract.
Since June 22, Mr. ****** has tried to bully us in to refunding his deposit by leaving a negative review on Google and has had several friends or fake accounts doing the same thing. He has also threatened legal action and also filing a charge back with his credit card provider. As of today, the chargeback has not occurred. As you can see, we are well within our rights to not refund his additional deposit of $929.50, based on the signed sales agreement.
Customer response
06/29/2022
Complaint: ********
I am rejecting this response because: As he says in the first paragraph, I was given 30 days to cancel and receive a refund.
Sincerely,
*** ******Customer response
06/30/2022
I paid the deposit on June 13th, I sent a screenshot of this transaction, to me that is when the purchase agreement should have started. I was told I had 30 days to cancel. The contract that has my signature was for $100.00 which I am not disputing I am disputing the transaction on June 13th.2022 for $929.50 no contract was signed on that day.Business response
07/01/2022
On June 8th, Mr. ****** verbally agreed to move forward with his purchase dated 3/18/2022. There was no additional contract needed with the verbal agreement. All of our phone calls are recorded and we view a verbal agreement as binding. The customer was made aware of the 10% deposit required prior to accepting the financing. No where in any of our conversations have we indicated that he had 30 days to cancel. Our contract clearly states that all sales are final. The 3-day right of recision is legally available via the State of Missouri. Additionally, per our contract, request for cancellation must be made via certified letter and we have the right to charge an administrative fee and a restocking fee when the buyer fails to fulfill his contract.
We would rather Mr. ****** receive his hot tub, instead of keeping his deposit. However, since he opted to cancel, thus not fulfilling his legally binding contract, he forfeited any deposit made.
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Customer Complaints Summary
1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.