What is the name of your state? Texas
This problem is the result of attempting to purchase a spa through a wholesaler ad in the paper. When we looked at the spa's in her gagage showroom and on the website of the company she said she bought from, we thought we were getting a good product. That turned out to be very wrong.
The spa was nowhere near what was shown on the website or on her generic brochure, not to mention the condition of the spa.
The spa that the individual attempted to deliver was poorly
built, damaged and the jets that were added were globed
with silicone and not seated properly in the tub.
The cabinet had large scuffs & scrapes approximately 8" X 8"
square all along one side of cabinet. When this was
pointed out she said "You can buff them out."
There were holes in the panels and approximately 1/2 inch gaps
and the wood panels and the cabinet was not square.
The supports were sub-standard wood and were incomplete
boards.
The cabinet was not built properly nor was it fastened securely panel to panel with the screws sticking out at odd angles and also was built of sub- standard wood. The cabinet appearance looked like what you would see when damaged during transport. Only it wasn't wrapped in plastic, strapping or anything.
The metallic trim that went between the shell and the cabinet was wavy and left large areas of the edge of the shell visible and didn't meet with the edge of the cabinet either. In addition the control panel wasn't seated properly and there was pieces of the plastic sticking up.
*****************************************************
I rejected the spa because of damage and substandard wood
cabinet and workmanship.
They took the spa with them. They never unloaded it from
their trailer.
She said she would order another spa "but it would be the
same wood and same product."
That statement disturbed me due to the fact she basically told me it wasn't going to be better or what I thought I was purchasing to begin with .
I contacted the spa corporate office.
The president of the company said "yes" they sell her spas but she was fully
responsible for her warranty and product.
The following Monday, the third day after the attempted delivery,
I called her and informed her that due to the substandard product she attempted to deliver and that it wasn't the product I had been shown and her comments at the time of rejection of delivery, I felt that I had no choice but to ask for a refund on the 1/2 of the purchase price I had given her.
She replied that "the company would not give a refund" I
said I thought you were the company and she replied
"call ----spa company, you can talk bad about me all day
long".
The Florida spa company would not discuss the matter and said she
is fully responsible for the product and warranty or any
refund.
I sent a certified letter demanding a refund and giving her thirty days to remedy the situation.
The certified demand letter for a refund was returned to me unclaimed.
Sent 4/12 returned 5/4/04
_____________________________________________________________
Friday the 30Th of April, there was another attempt to deliver a blue spa ( I had ordered green) to our residence without our knowledge.
They called my business and said they were at my residence.
I have a business to run and had no knowledge of a delivery. We had no communication with them until that Friday the 30th of April.
I refused delivery over the phone, for a number of reasons. I would not accept a product I didn't order, and no communication for delivery of another spa had been set.
****************************************************
My question is: Can I proceed to take her to small claims court with an unclaimed certified letter. She knows I want a refund.
I have two other people with bad experiences from her and they will give me testimony of unsatisfactory business and warranty work not attended to.
They have several business names and all of them are unsatisfactory comments from the B.B.B.
The BBB has them listed as incorporated.
I checked with the State of Texas and they are not listed as incorporated with Texas.
I think this is bait and switch, misrepresentation,criminal simulation and(fraud)
Thanks in Advance
Rockwell
This problem is the result of attempting to purchase a spa through a wholesaler ad in the paper. When we looked at the spa's in her gagage showroom and on the website of the company she said she bought from, we thought we were getting a good product. That turned out to be very wrong.
The spa was nowhere near what was shown on the website or on her generic brochure, not to mention the condition of the spa.
The spa that the individual attempted to deliver was poorly
built, damaged and the jets that were added were globed
with silicone and not seated properly in the tub.
The cabinet had large scuffs & scrapes approximately 8" X 8"
square all along one side of cabinet. When this was
pointed out she said "You can buff them out."
There were holes in the panels and approximately 1/2 inch gaps
and the wood panels and the cabinet was not square.
The supports were sub-standard wood and were incomplete
boards.
The cabinet was not built properly nor was it fastened securely panel to panel with the screws sticking out at odd angles and also was built of sub- standard wood. The cabinet appearance looked like what you would see when damaged during transport. Only it wasn't wrapped in plastic, strapping or anything.
The metallic trim that went between the shell and the cabinet was wavy and left large areas of the edge of the shell visible and didn't meet with the edge of the cabinet either. In addition the control panel wasn't seated properly and there was pieces of the plastic sticking up.
*****************************************************
I rejected the spa because of damage and substandard wood
cabinet and workmanship.
They took the spa with them. They never unloaded it from
their trailer.
She said she would order another spa "but it would be the
same wood and same product."
That statement disturbed me due to the fact she basically told me it wasn't going to be better or what I thought I was purchasing to begin with .
I contacted the spa corporate office.
The president of the company said "yes" they sell her spas but she was fully
responsible for her warranty and product.
The following Monday, the third day after the attempted delivery,
I called her and informed her that due to the substandard product she attempted to deliver and that it wasn't the product I had been shown and her comments at the time of rejection of delivery, I felt that I had no choice but to ask for a refund on the 1/2 of the purchase price I had given her.
She replied that "the company would not give a refund" I
said I thought you were the company and she replied
"call ----spa company, you can talk bad about me all day
long".
The Florida spa company would not discuss the matter and said she
is fully responsible for the product and warranty or any
refund.
I sent a certified letter demanding a refund and giving her thirty days to remedy the situation.
The certified demand letter for a refund was returned to me unclaimed.
Sent 4/12 returned 5/4/04
_____________________________________________________________
Friday the 30Th of April, there was another attempt to deliver a blue spa ( I had ordered green) to our residence without our knowledge.
They called my business and said they were at my residence.
I have a business to run and had no knowledge of a delivery. We had no communication with them until that Friday the 30th of April.
I refused delivery over the phone, for a number of reasons. I would not accept a product I didn't order, and no communication for delivery of another spa had been set.
****************************************************
My question is: Can I proceed to take her to small claims court with an unclaimed certified letter. She knows I want a refund.
I have two other people with bad experiences from her and they will give me testimony of unsatisfactory business and warranty work not attended to.
They have several business names and all of them are unsatisfactory comments from the B.B.B.
The BBB has them listed as incorporated.
I checked with the State of Texas and they are not listed as incorporated with Texas.
I think this is bait and switch, misrepresentation,criminal simulation and(fraud)
Thanks in Advance
Rockwell