Salon agreed to a refund in writing, then changes their mind?

[Dianacox6]

What is the name of your state (only U.S. law)? Colorado
Ok...this is a stupid long story so bear with me. So I went to a salon in late September to get my hair lightened. This girl ended up over-processing and chemically damaging my hair. After a couple of weeks of watching it fall out I decided to reach out to her over email. I explained to her in detail how much hair I had lost and how distraught I was, and she agreed to refund me my money through paypal. The next day I got an email from who I am assuming is her boss, asking me for my paypal information, and asking me not to leave any bad reveiws in return for the refund. I agreed, the payment was sent, but I was notified by paypal that it would be on hold for 21 days and included a fee. When I looked into why that was, paypal told be that she had categorized it improperly when she submitted the payment, but this could quickly be resolved if I sent the funds back and had her re-submit it properly. I contacted her first, explained the situation, and she apologized and agreed to try again. I re-refunded the money and then did not hear from her again for 10 days, when I got another email from her boss titled "please stop all communication". She accused me of trying to extort the hairstylist and self inflicting the damage to my hair at home! After consulting their lawyer they had decided to recind the refund.
So FINALLY my question is, if they agreed to the refund in the emails multiple times, that's a contract right? They can't just change their minds after all that can they? Just wondering if that would count as a contract in court if need be. Sorry for so much rambly-ness - thanks guys!

 

[Shadowbunny]

What is the name of your state (only U.S. law)? Colorado
Ok...this is a stupid long story so bear with me. So I went to a salon in late September to get my hair lightened. This girl ended up over-processing and chemically damaging my hair. After a couple of weeks of watching it fall out I decided to reach out to her over email. I explained to her in detail how much hair I had lost and how distraught I was, and she agreed to refund me my money through paypal. The next day I got an email from who I am assuming is her boss, asking me for my paypal information, and asking me not to leave any bad reveiws in return for the refund. I agreed, the payment was sent, but I was notified by paypal that it would be on hold for 21 days and included a fee. When I looked into why that was, paypal told be that she had categorized it improperly when she submitted the payment, but this could quickly be resolved if I sent the funds back and had her re-submit it properly. I contacted her first, explained the situation, and she apologized and agreed to try again. I re-refunded the money and then did not hear from her again for 10 days, when I got another email from her boss titled "please stop all communication". She accused me of trying to extort the hairstylist and self inflicting the damage to my hair at home! After consulting their lawyer they had decided to recind the refund.
So FINALLY my question is, if they agreed to the refund in the emails multiple times, that's a contract right? They can't just change their minds after all that can they? Just wondering if that would count as a contract in court if need be. Sorry for so much rambly-ness - thanks guys!

A judge may accept the email as evidence, but since emails are pretty easy to fake, it won't be a slam-dunk. At this point, all you can do is take them to small-claims court and present your evidence.

 

[quincy]

What is the name of your state (only U.S. law)? Colorado
Ok...this is a stupid long story so bear with me. So I went to a salon in late September to get my hair lightened. This girl ended up over-processing and chemically damaging my hair. After a couple of weeks of watching it fall out I decided to reach out to her over email. I explained to her in detail how much hair I had lost and how distraught I was, and she agreed to refund me my money through paypal. The next day I got an email from who I am assuming is her boss, asking me for my paypal information, and asking me not to leave any bad reveiws in return for the refund. I agreed, the payment was sent, but I was notified by paypal that it would be on hold for 21 days and included a fee. When I looked into why that was, paypal told be that she had categorized it improperly when she submitted the payment, but this could quickly be resolved if I sent the funds back and had her re-submit it properly. I contacted her first, explained the situation, and she apologized and agreed to try again. I re-refunded the money and then did not hear from her again for 10 days, when I got another email from her boss titled "please stop all communication". She accused me of trying to extort the hairstylist and self inflicting the damage to my hair at home! After consulting their lawyer they had decided to recind the refund.
So FINALLY my question is, if they agreed to the refund in the emails multiple times, that's a contract right? They can't just change their minds after all that can they? Just wondering if that would count as a contract in court if need be. Sorry for so much rambly-ness - thanks guys!

Did you ever go back to the salon to show what had happened to your hair after it was over processed and chemically damaged - or did you just claim hair damage in an email to the salon's hairdresser?

 

[latigo]

What is the name of your state (only U.S. law)? Colorado
Ok...this is a stupid long story so bear with me. So I went to a salon in late September to get my hair lightened. This girl ended up over-processing and chemically damaging my hair. After a couple of weeks of watching it fall out I decided to reach out to her over email. I explained to her in detail how much hair I had lost and how distraught I was, and she agreed to refund me my money through paypal. The next day I got an email from who I am assuming is her boss, asking me for my paypal information, and asking me not to leave any bad reveiws in return for the refund. I agreed, the payment was sent, but I was notified by paypal that it would be on hold for 21 days and included a fee. When I looked into why that was, paypal told be that she had categorized it improperly when she submitted the payment, but this could quickly be resolved if I sent the funds back and had her re-submit it properly. I contacted her first, explained the situation, and she apologized and agreed to try again. I re-refunded the money and then did not hear from her again for 10 days, when I got another email from her boss titled "please stop all communication". She accused me of trying to extort the hairstylist and self inflicting the damage to my hair at home! After consulting their lawyer they had decided to recind [sic]the refund.

So FINALLY my question is, if they agreed to the refund in the emails multiple times, that's a contract right? They can't just change their minds after all that can they? Just wondering if that would count as a contract in court if need be. Sorry for so much rambly-ness - thanks guys!

No! That is wrong! It is not a "contract".

It amounts to nothing more than a withdrawn offer of settlement. AND as such it CANNOT be submitted as proof of or an admission of liability!

No more than the salon could hold you to a withdrawn offer to settle the claim for less.

Just because you and "Shadowbunny" do not understand why such communications are excluded as admissions of liability doesn't mean that the salon's lawyer doesn't!

But I'll make you an offer. You learn what the term "paragraphing" means and learn to apply it and I'll explain why offers of settlement of a disputed claim are inadmissible.

 

[Shadowbunny]

No! That is wrong! It is not a "contract".

It amounts to nothing more than a withdrawn offer of settlement. AND as such it CANNOT be submitted as proof of or an admission of liability!

No more than the salon could hold you to a withdrawn offer to settle the claim for less.

Just because you and "Shadowbunny" do not understand why such communications are excluded as admissions of liability doesn't mean that the salon's lawyer doesn't!

But I'll make you an offer. You learn what the term "paragraphing" means and learn to apply it and I'll explain why offers of settlement of a disputed claim are inadmissible.

Oh, "latigo," you're always SUCH a delight.

As was discussed at length in another thread about using email as evidence, judges in small claims courts may be a bit more lenient when it comes to what they'll allow a pro-se litigant to do. And just because the salon owner claims to have consulted with her attorney, there is no proof that there actually IS such attorney. But I'm sure your sniping will serve Diana well. So carry on.

 

[STEPHAN]

How much $$$ are we talking about?

 

[quincy]

Generally when there is a dispute of this nature, the best thing to do is to immediately return to the shop in question and accept either an attempt to undo the damage or accept a refund. Trying to support damage by email claims is not likely to get the injured party anywhere, unless there is an acknowledgment from the other party that they caused harm.

After the passage of time, however, it becomes harder to prove the damage was caused by the other party and, hence, harder to get a refund.

The emails between the hairdresser and Diana show a willingness by the hairdresser to settle the matter with a refund and, if the terms of the settlement were accepted by Diana, both the hairdresser and Diana can be bound by it. This is assuming the hairdresser was in a position to offer a settlement.

In this way, I disagree with latigo. The emails can be evidence of an agreement.

 

[Dianacox6]

Did you ever go back to the salon to show what had happened to your hair after it was over processed and chemically damaged - or did you just claim hair damage in an email to the salon's hairdresser?

Yes, she did see it when I stopped by there to buy some overpriced conditioning treatment. She kinda ran her fingers through it and made a couple of concerned faces, but didn't really elaborate much. Just said the conditioner should help...it didn't. I guess she knew she f'd up though, because she totally agreed to the refund and acknowledged where she was at fault

 

[Dianacox6]

How much $$$ are we talking about?

340.00...quite a bit

 

[Dianacox6]

Generally when there is a dispute of this nature, the best thing to do is to immediately return to the shop in question and accept either an attempt to undo the damage or accept a refund. Trying to support damage by email claims is not likely to get the injured party anywhere, unless there is an acknowledgment from the other party that they caused harm.

After the passage of time, however, it becomes harder to prove the damage was caused by the other party and, hence, harder to get a refund.

The emails between the hairdresser and Diana show a willingness by the hairdresser to settle the matter with a refund and, if the terms of the settlement were accepted by Diana, both the hairdresser and Diana can be bound by it. This is assuming the hairdresser was in a position to offer a settlement.

In this way, I disagree with latigo. The emails can be evidence of an agreement.

That's what I was thinkin �� they definitely acknowledged that they did harm, and they certainly showed willingness to settle with a refund. They had already submitted it once for god sake! It wasn't until I stupidly sent it back to have it re-submitted properly that they came at me with this extortion and self inflicted damage bs. It's not as if they had any new information, they just changed their minds. Pretty bizarre actually

 

[quincy]

Yes, she did see it when I stopped by there to buy some overpriced conditioning treatment. She kinda ran her fingers through it and made a couple of concerned faces, but didn't really elaborate much. Just said the conditioner should help...it didn't. I guess she knew she f'd up though, because she totally agreed to the refund and acknowledged where she was at fault

A potential problem I see with the offer made by the hairdresser is that she might not have been in a position to offer a refund if not authorized by the salon owner/employer. If without authorization from the salon owner/employer the hairdresser could not settle the matter by offering a refund, and the salon owner/employer refuses to offer a refund to settle the matter, you will be left to proving in court that the hair damage was caused by the salon.

In court, the emails can be used as evidence as can before-and-after photos. The salon can say that you damaged your own hair and the salon is not responsible. The small claims court judge will weigh whatever evidence is presented, and the stories told by you and the hairdresser/salon, and make his decision.

The $340 is a lot to pay for a failed hair-lightening job, and it might be a lot for the salon owner to refund but, from strictly a customer service standpoint, the salon owner would be smart to refund the money rather than defend against a claim in court. Unhappy customers are not good for business.

Good luck.

 

[Dianacox6]

A potential problem I see with the offer made by the hairdresser is that she might not have been in a position to offer a refund if not authorized by the salon owner/employer. If without authorization from the salon owner/employer the hairdresser could not settle the matter by offering a refund, and the salon owner/employer refuses to offer a refund to settle the matter, you will be left to proving in court that the hair damage was caused by the salon.

In court, the emails can be used as evidence as can before-and-after photos. The salon can say that you damaged your own hair and the salon is not responsible. The small claims court judge will weigh whatever evidence is presented, and the stories told by you and the hairdresser/salon, and make his decision.

The $340 is a lot to pay for a failed hair-lightening job, and it might be a lot for the salon owner to refund but, from strictly a customer service standpoint, the salon owner would be smart to refund the money rather than defend against a claim in court. Unhappy customers are not good for business.

Good luck.

Actually I just found out that they are co-owners

 

[quincy]

Actually I just found out that they are co-owners

That should make the settlement valid and enforceable, then, if you accepted the terms of the settlement before the offer was withdrawn.

To enforce the agreement, however, you could find yourself in court arguing its validity - and here is where email authentication can be an issue if the hairdresser denies having sent the emails. Too could be an argument by the hairdresser that the offer of a refund was withdrawn prior to your acceptance.

I hope for your sake that the salon will make good on their previous offer of a refund so a court does not have to decide the matter.

Good luck.

 

[Dianacox6]

You guys are awesome

Thanks for your help everybody! You gave me the balls to fight back. I filed a complaint with the better business bureau and that straightened them right out 😉

 

[PayrollHRGuy]

I'm glad you worked it out. But you should know the BBB has no power to do anything other than post a bad review.