What is the name of your state?Alaska
I have several questions as they relate to my situation. Hopefully I can outline all the details without going into depth and I can get an answer for each question.
Situation: I purchased an investment program from a company after receiving a mailing from them. I spoke several times with their sales rep via the telephone, as I was very reluctant to spend the sum of money for a program that I was not sure I would be compatible with. I was finally assured that I had nothing to lose, because I had 1 full tear to review it and return it if I did not like it.
After paper trading with the program for 5 months, my fictional trades did not warrant the program, so I emailed the customer service department saying that I would like to return the program-which they said is not their policy-as stated in the signed agreement-yes, it is there.
Recently (14 months after original purchase ) I contacted the cust. service dept. again with the same request. In the meantime, I called the sales dept. and told them that I was a member and that a friend of mine was interested in the program. (I asked for the rep that had sold me the program, but he no longer works there). I asked the sales rep if they still had the one-year guarantee and he said, no, that it was a one-time offer they had a while ago. He also said that the only people that had returned the program were people that had bought it and then never used it. I have some doubt as to whether or not the 1 year money back guarantee was valid at all-the possibilty exists that both sales reps are (were) lying.
Here are my questions:
1. Does the company have any legal obligation to warrant their sales reps claims? There is a line in the contract that I signed that says the program can not be returned. Obviously, I wish I had read the contact more thoroughly.
2. If I were to tape a similar conversation with their current sales rep and get him to reiterate the 1 year guarantee that they were offering-either authorized or unauthorized by the company-could I be attacked legally?
I know that such a recording would be inadmissable in a court, but I am hoping to appeal to their sense of resposibility-if they possess one.
3. What other recourse do I have, if any?
The company is incorporated in Australia if I am correct, but they have sales offices in Canada and California that I know of. I bought my program from a rep in the Pasadena, CA office.
I have several questions as they relate to my situation. Hopefully I can outline all the details without going into depth and I can get an answer for each question.
Situation: I purchased an investment program from a company after receiving a mailing from them. I spoke several times with their sales rep via the telephone, as I was very reluctant to spend the sum of money for a program that I was not sure I would be compatible with. I was finally assured that I had nothing to lose, because I had 1 full tear to review it and return it if I did not like it.
After paper trading with the program for 5 months, my fictional trades did not warrant the program, so I emailed the customer service department saying that I would like to return the program-which they said is not their policy-as stated in the signed agreement-yes, it is there.
Recently (14 months after original purchase ) I contacted the cust. service dept. again with the same request. In the meantime, I called the sales dept. and told them that I was a member and that a friend of mine was interested in the program. (I asked for the rep that had sold me the program, but he no longer works there). I asked the sales rep if they still had the one-year guarantee and he said, no, that it was a one-time offer they had a while ago. He also said that the only people that had returned the program were people that had bought it and then never used it. I have some doubt as to whether or not the 1 year money back guarantee was valid at all-the possibilty exists that both sales reps are (were) lying.
Here are my questions:
1. Does the company have any legal obligation to warrant their sales reps claims? There is a line in the contract that I signed that says the program can not be returned. Obviously, I wish I had read the contact more thoroughly.
2. If I were to tape a similar conversation with their current sales rep and get him to reiterate the 1 year guarantee that they were offering-either authorized or unauthorized by the company-could I be attacked legally?
I know that such a recording would be inadmissable in a court, but I am hoping to appeal to their sense of resposibility-if they possess one.
3. What other recourse do I have, if any?
The company is incorporated in Australia if I am correct, but they have sales offices in Canada and California that I know of. I bought my program from a rep in the Pasadena, CA office.