S
SME
Guest
I live in Wyoming and contracted with a Utah company for services. The main reason I signed with the company was the "special" they were having which, along with a reduced price, included other items they were "throwing in" if you signed up during the promotion. Anyone who signed up that day would get these items, even if they ran out of what they brought with them and had to mail them later.
The salesperson wrote out the receipt with the package I purchased, and its price, on the first line, a second package and its price on the next line then my "thrown in" items with no prices. The total on the receipt was the total of the two packages I purchased. (I understand "thrown in" to mean a "gift" or "bonus" given to a purchaser.) While I don't remember the exact words used, I remember being assured by the salesperson that there was no cost for these items and that he was only listing them on the receipt so the company would know I had received them and I initialed a space next to a line stating: "I have received items listed above..."
I had problems obtaining service from the get go, including a defective disk I was supposed to use to set up my service and the support number listed on the contract, receipt, instructions, etc. was a wrong number. I contacted the salesperson, his secretary and on-line support via email. All assured me they would check on it and get back to me; none got back to me or answered subsequent emails.
After a month of this, I contacted my credit card company to dispute the charge to my account. They granted a "temporary" credit which the company is disputing.
Next, I filed a complaint with the Utah Better Business Bureau. In their first response, the company agreed they'd messed up. Four months later the company sent them a legal agreement to forward to me; if I signed, I would get HALF of my money back, the other half would essentially be payment for my "bonus gifts" since I hadn't received any of the contracted services. No way was I going to agree to that.
That finally generated a direct response from the company to me. The company CEO called me and said they would give me a total refund IF I returned the gifts and he THREATENED to take me to court if I didn't!
I did everything in my power to work out my service problems when they occurred but they never responded. Even when I filed complaints with my credit card company and the BBB, they didn't contact me directly. When I finally did get a phone call, the CEO was rude, condescending and threatening. It seems to me that they violated, thus nullifying, their contract with me. Am I entitled to a full refund since the services I paid for were not provided? Do I have to return the items I was told were "thrown in"?
The salesperson wrote out the receipt with the package I purchased, and its price, on the first line, a second package and its price on the next line then my "thrown in" items with no prices. The total on the receipt was the total of the two packages I purchased. (I understand "thrown in" to mean a "gift" or "bonus" given to a purchaser.) While I don't remember the exact words used, I remember being assured by the salesperson that there was no cost for these items and that he was only listing them on the receipt so the company would know I had received them and I initialed a space next to a line stating: "I have received items listed above..."
I had problems obtaining service from the get go, including a defective disk I was supposed to use to set up my service and the support number listed on the contract, receipt, instructions, etc. was a wrong number. I contacted the salesperson, his secretary and on-line support via email. All assured me they would check on it and get back to me; none got back to me or answered subsequent emails.
After a month of this, I contacted my credit card company to dispute the charge to my account. They granted a "temporary" credit which the company is disputing.
Next, I filed a complaint with the Utah Better Business Bureau. In their first response, the company agreed they'd messed up. Four months later the company sent them a legal agreement to forward to me; if I signed, I would get HALF of my money back, the other half would essentially be payment for my "bonus gifts" since I hadn't received any of the contracted services. No way was I going to agree to that.
That finally generated a direct response from the company to me. The company CEO called me and said they would give me a total refund IF I returned the gifts and he THREATENED to take me to court if I didn't!
I did everything in my power to work out my service problems when they occurred but they never responded. Even when I filed complaints with my credit card company and the BBB, they didn't contact me directly. When I finally did get a phone call, the CEO was rude, condescending and threatening. It seems to me that they violated, thus nullifying, their contract with me. Am I entitled to a full refund since the services I paid for were not provided? Do I have to return the items I was told were "thrown in"?
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