Policy on non-refundable purchase

[likeaninca]

What is the name of your state (only U.S. law)? New York

I entered into an agreement with a spa service through use of a medical credit plan. I was rather forcefully persuaded to sign up for a particular treatment and decided the next day I did want to go ahead with it.

During my consultation, it was not verbalized to me that:

A: they would charge the credit plan immediately, before any service was given

B: the charge was "non-refundable"

They are now refusing to cancel service and refund the money to the credit plan. I've argued that their "non-refundable" policy is just that, a policy, not the law, and that they can and should refund me the money, as I've not had any service and I want to decline the offer.

Am I legally obligated to pay the money?

 

[BL]

What is the name of your state (only U.S. law)? New York

I entered into an agreement with a spa service through use of a medical credit plan. I was rather forcefully persuaded to sign up for a particular treatment and decided the next day I did want to go ahead with it.

During my consultation, it was not verbalized to me that:

A: they would charge the credit plan immediately, before any service was given

B: the charge was "non-refundable"

They are now refusing to cancel service and refund the money to the credit plan. I've argued that their "non-refundable" policy is just that, a policy, not the law, and that they can and should refund me the money, as I've not had any service and I want to decline the offer.

Am I legally obligated to pay the money?

Were you given documentation that your payment was non-refundable ?

Most likely , you are on the hook , so attend the services you are paying for .

For the sake of it , let's compare this to a Internet service provider or a cell phone plan policy .

If you decide to cancel or otherwise do not pay ,they will charge you a hefty fee ( per policy ) .

Not really any different - in a sense . Policy doesn't have to be law .

What did your medical plan say when you disputed the charge ?

 

[Mass_Shyster]

I've argued that their "non-refundable" policy is just that, a policy, not the law

The "policy" is part of a contract. It is covered by contract law.

Am I legally obligated to pay the money?

Really can't tell without reading the contract, but I'd guess you are obligated.

 

[BL]

The "policy" is part of a contract. It is covered by contract law.


Really can't tell without reading the contract, but I'd guess you are obligated.

Agreed , you'd have to be at least aware of the policy , somehow .

If you were not given or provided a non-refundable policy , you would have recourse available to you .

 

[likeaninca]

I was not given any paperwork to take with me after the consultation.

These are the things I recall signing:

-The credit application (which was completed over the phone) - this appeared to me to be only for the line of credit of $4,000, not for the service fees.

-An informed consent form regarding the procedure.

I did not leave with a receipt that I signed for payment, or to charge the credit line. I should have been given a copy of that at least, right?

The medical credit company said that they can only refund the money if the spa company refunds it to them.

thanks.

 

[You Are Guilty]

Absent a writing, it will be hard for them to prove the fee was non-refundable.

Easiest solution is to let your tax dollars do the heavy lifting for you - file a complaint with the AG's office:
http://www.oag.state.ny.us/bureaus/consumer_frauds/filing_a_consumer_complaint.html

No guarantees, but it's better than simply arguing with the spa people.

 

[likeaninca]

Thank you everyone for your advice.

'You are Guilty' - I will probably file, or at the very least, I will go to the office with these forms and to review the paperwork. I doubt I would be successful in getting the to fax them to me.

I've subsequently done some research on the company online and found a number of complaints regarding poor service and unwillingness to refund money.

The company is called: Laser Cosmetica, the president is: Ryan Bloch

I beleive they charged this credit account without my consent. I also suspect that the consultant lied about my income when getting the credit approval. Could that be any recourse?

thank you.

 

[You Are Guilty]

Thank you everyone for your advice.

'You are Guilty' - I will probably file, or at the very least, I will go to the office with these forms and to review the paperwork. I doubt I would be successful in getting the to fax them to me.

I've subsequently done some research on the company online and found a number of complaints regarding poor service and unwillingness to refund money.

The company is called: Laser Cosmetica, the president is: Ryan Bloch

I beleive they charged this credit account without my consent. I also suspect that the consultant lied about my income when getting the credit approval. Could that be any recourse?

thank you.

You can always file a dispute with your credit card for any unauthorized charges, but file the claim with the AG - they are actually quite good at working this type of dispute out so you do not have to resort to a formal lawsuit.

 

[likeaninca]

Hello again - I received the paperwork from the company and the "Financial Agreement" says that "once treatment protocols are initiated there shall be no refunds for package purchases."

I was under the impression that this meant I would be billed once I had my first treatment and that I still had the option to decline. I did not have treatment at the time of the consultation, nor did I make an appointment to begin treatment.

Is their statement a legally binding contract that I should have to pay the amount quoted that day?

 

[You Are Guilty]

Hello again - I received the paperwork from the company and the "Financial Agreement" says that "once treatment protocols are initiated there shall be no refunds for package purchases."

I was under the impression that this meant I would be billed once I had my first treatment and that I still had the option to decline. I did not have treatment at the time of the consultation, nor did I make an appointment to begin treatment.

Is their statement a legally binding contract that I should have to pay the amount quoted that day?

Its impossible to say for certain without being able to read all of the documents in their entirety, but, for example, if the contract says "non refundable once treatment has been started" and treatment hasn't been started, then the condition isn't met and the money defaults back to being refundable.