Complaints

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• Initial Complaint

  Date:12/03/2024

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

   
  Complaint: 22634264
  
  I am rejecting this response because:

   

  The spa is fully built in to a deck, it is not possible to simply replace panels.  The top was scratched and has damage, as well as the sides cracked. There is no telling if there was concealed damage to the functionality of the spa. Concealed damage would have resulted in removing installed portion of a $15k deck, and then reassembling the deck. To make a consumer simply replace panels on a $4,200 item is unacceptable. I purchased a new unit, not a used as-is item. Also, what they are not acknowledging is the fact of the labor portion that consumers have to pay every time a spa is taken to yard, or taken to curb, and to replace panels, The contractor does not do any of this for free, thats why I finally had to reach out to the manufacturer once I was not getting anywhere with them, who completely understood my point of view, did not want to be liable for any deck removal or repair if the unit was internally damaged, and they replaced it immediately. I have paid 5 times now for moving the spa for this singular order (spa #1 to backyard, spa #1 to curb, spa #2 to backyard, spa #2 to curb, spa #3 to backyard.)  My project is also delayed due to this, as it stopped work twice, and I had to wait for a replacement, and wait to get the ** back on the schedule each time. Outlet Spas would not replace the damaged unit, and only offered replacement side panels that would take 2-3 weeks to manufacture, to piece together the unit, while they had a new model in stock available to ship on their website. I should not have to piece my new purchase together, nor pay the multiple costs to piece it together, and still risk a faulty product. The manufacturer *********************** was in agreement that it was a risk to install. 

  
  In summary, I should have paid once to bring a new spa in good condition to my yard. I should not have to pay for the additional 4 times. I am not pursuing the loss to my investment income due to the project delays caused by this, and I feel my request is fair. Further the conduct of the business is poor. The label on the spa was timeworn and faded (contrary to their claim of it being new) and condition of packaging was poor, and condition of unit was poor. 

  
  Sincerely,
  
  ***** *****

  not be responsible for these costs. This has also delayed my project significantly and this is an investment property, and this is the only item that is holding it up.

  Business Response

  Date: 12/04/2024

  We have assisted Ms. ***** to get the correct spa and worked to minimize any inconvenience.  We have not been provided any request for further support, nor any documentation for loss of expense.  The spa Ms. ***** received is the correct spa, and is brand new - direct from our warehouse.  Unfortunately, freight damage does occur with items being shipped by LTL freight.  We work to resolve any issues at no cost to the customer, as we did with Ms. ************ The cosmetic damage of the removeable panel is being replaced by the manufacturer.  It is a handful of screws to replace, which the manufacturer can have a tech to install upon request.  Most people simply do it themselves to save time, since it is about 10 minutes with a screwdriver to replace it.

  All of our services are posted and documented that moving the spa and installing the electric are the customer's responsibility.  Curbside delivery is all that is offered, and we do not provide electrical services.

  After notifying Ms. ***** that the replacement panel is being sent out, we have had no further contact with her.  I am not sure what her communication and solution has been with the manufacturer; however, we walked this through with Ms. ***** to get her the correct spa she ordered and to make sure all pieces were correct.  We are simply awaiting the shipment of the new panels.

  Business Response

  Date: 12/12/2024

  I completely understand that the customer would like a full refund of their purchase; however, the customer is receiving another new spa direct from the manufacturer.  All spas received by the customer are brand new and have never been in the possession of another consumer.  They have never been off the pallet.  They do, however, travel through a warehouse, onto multiple tractor trailers, to a local station loading dock, and then to final delivery with the customer.

  The customer understood the panel was damaged, and chose to setup her spa while waiting for the for the manufacturer to send the new spa.  So, she chose to setup, remove, and reinstall the new one.  That is absolutely your choice; however, the warranty is quite clear that customer is responsible for all costs in moving the spa from curbside or to the curbside in the case of a pick up for replacement.  If the spa is setup in a location in which it is not accessible for service, then that too is the responsibility of the customer to allow access.

  The warranty is clear on this.  Though, we are sorry the delivery was not flawless, the customer was provided with over $1,500.00 in freight costs at our expense for a simple panel that could have easily been replaced (much easier than replacing the whole spa, as she chose to do).

  As for any scratches or further damage, we were never made aware of any damage expect the panel.  We were never provided any evidence of such damage.  We have no reason to suggest that any further marks or scratches did not happen while trying to position the spa into such a tight, closed area.  We have worked with the customer to resolve any and all issues, leading to the customer receiving another brand new spa.  The customer's expectation to have a spa and a refund is unreasonable.

  We are here to support the spa purchase, delivery, and warranty as it is identified and laid out in the terms and condition of the sale and the warranty provided by the manufacturer.  This is the same for all of our customers, and we will continue to be a resource for Ms. ***** as she enjoys her spa.

  Thanks,

  ******* *****

   

  Customer Answer

  Date: 12/12/2024

   
  Complaint: 22634264
  
  I am rejecting this response because:

  I never installed the spas that needed to be returned, there would be no reason for me to do so, I have a deck in construction, that is dependent upon the final spa in good condition to be installed so it can be closed into the deck.  That is the entire reason the deck project could not advance until I had a spa in good condition - and this is not being heard.

  I will once again reiterate, the deck could not be built without a spa in new condition in place, waiting for a spa in new condition, and there is no reason to set a damaged spa in place.  I could not risk installing a spa that had further concealed damage, and have to tear the deck apart later to replace the spa.  I was responsibly avoiding a future product escalation, that would have incurred even further costs and construction. The first spa was the incorrect model number from what I ordered, and the second spa arrived with packaging damage, and upon opening, physical damage to the product. It was not just the side panels that were damaged, it was the top as well.  My request was for a good condition product that I ordered, not to have panels replaced.  I did not approve for Outlet Spas to proceed ordering replacement panels.  They pushed back with that as the only solution, and informed me they ordered them, which is again not appropriate customer service. That is the point when I gave up with Outlet Spas and reached out to the manufacturer for help. 

  I am the Vice President of a distribution company, I have no reason to falsify claims and certainly understand the business.  As a distributor, you have one job, to get the product to the customer in one piece - and take ownership of any issues along the way which in this case was an inability to deliver the correct product, or a product in good condition. 

  I am not asking for a refund of the spa, I am asking for reimbursement for the 4 additional carrying fees to bring damaged and incorrect spas - that is not my responsibility.  A good customer service team would have already sorted that out with the delivery company and not left the customer to deal with that.  I have paid $1,300 in moving spas back and forth. I agree to one of the charges for $300, and not the other 4 totally $1,000. If they got the delivery right the first time, there would have been 1 charge for moving the spa. I am requesting a refund of $1,000, and will provide invoices from the contractor for moving the incorrect and damaged spas, the 4 additional times. 

  I have attached photos of the 2nd damaged spa that was delivered, damage to packaging, faded and timeworn labels, and then the damage that was found upon opening. 

  I am not going to drop this matter, so I expect a timely resolution. 

  
  Sincerely,
  
  ***** *****

  Customer Answer

  Date: 12/10/2024

  The spa is fully built in to a deck, it is not possible to simply replace panels.  The top was scratched and has damage, as well as the sides cracked. There is no telling if there was concealed damage to the functionality of the spa. Concealed damage would have resulted in removing installed portion of a $15k deck, and then reassembling the deck. To make a consumer simply replace panels on a $4,200 item is unacceptable. I purchased a new unit, not a used as-is item. Also, what they are not acknowledging is the fact of the labor portion that consumers have to pay every time a spa is taken to yard, or taken to curb, and to replace panels, The contractor does not do any of this for free, thats why I finally had to reach out to the manufacturer once I was not getting anywhere with them, who completely understood my point of view, did not want to be liable for any deck removal or repair if the unit was internally damaged, and they replaced it immediately. I have paid 5 times now for moving the spa for this singular order (spa #1 to backyard, spa #1 to curb, spa #2 to backyard, spa #2 to curb, spa #3 to backyard.)  My project is also delayed due to this, as it stopped work twice, and I had to wait for a replacement, and wait to get the ** back on the schedule each time. Outlet Spas would not replace the damaged unit, and only offered replacement side panels that would take 2-3 weeks to manufacture, to piece together the unit, while they had a new model in stock available to ship on their website. I should not have to piece my new purchase together, nor pay the multiple costs to piece it together, and still risk a faulty product. The manufacturer *********************** was in agreement that it was a risk to install. 

  Business Response

  Date: 12/16/2024

  Your pictures are great, and I am glad you don't have to worry about the scuff on the shell, as that spa has been replaced with a brand new spa.  As for the **** on the spa that is being replaced already, this is the first I have been communicated of that, which is a very easily fix.  The manufacturer would have gladly sent a technician to repair when they replaced the damaged panel. However, since they have replaced the total spa as a warranty service, you do not have to worry about any potential damage that may have occurred during transit with your spa.

  Additionally, your photos of the packaging verify that the spa was wrapped in new state and worn during LTL transit, so thank you for the confirmation that this is indeed a new spa.

  We are so glad the manufacturer addressed your concerns with the provision of a new spa under the warranty and did not charge you anything for the freight, as is their right under the warranty.  It sounds like you have a new spa coming directly from the manufacturer, and we are glad you have gotten your needs addressed.