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Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

I went to a place for the first time and due to a few unforseen events (it got really busy, sales associate was rushing me, and it was taking longer then anticipated) I purchased what I thought to be two packages and a lotion from a tanning place (I was never informed of the pricing breakdown and I was never told the price of the lotion)... came to a total of 185 dollars... only a few hours later to realize (I called because I wanted to know the breakdown of my purchase) I realized that it was only one package and a $99 lotion, I asked to return it (the lotion) only to be informed that they had a no return/exchange policy (which I was also not informed of). I went gave them the product back (and cancel the entire transaction and never use their services because my mastercard said that I could void the transaction. Now I'm being told that I can't void the transaction (because they have a no return policy)... what are my rights... they have their product back and I dont want to EVER tan at their place (or any other for that matter)...

 

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Province/Territory relating to question: Ontario

Already Tried:
I tried talking to the Manager of the place, they never called me back. I spoke to my MasterCard and they said I had to prove that I was never informed (how)

Submitted: 383 days and 16 hours ago.
Category: Canada Law
Value: CA$79
Status: CLOSED
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Expert:  Debra Thal replied383 days and 16 hours ago.


Debra Thal (username) :

I am sorry to hear this happened.

Debra Thal (username) :

Are you talking about buying a package of several tanning sessions?

Debra Thal (username) :

And you asking just about the lotion being returned?

Customer : At this point I want nothing to do with the company all together
Debra Thal (username) :

Unfortunately, the store does not have to provide you with it's return policy.

Debra Thal (username) :

It's your legal obligation to inquire about their policy when you buy something from them.

Debra Thal (username) :

And the store is not legally required to take back any product for a refund or an exchange.

Debra Thal (username) :

So the only way you can get your money back is if you can take the position that you were mis-represented.

Debra Thal (username) :

So if you were told that you were paying for 2 packages and lotion and you got one package and lotion you could likely sue them successfully for a full refund.

Debra Thal (username) :

But if that is not the case then unfortunately you will not be successful in getting your money back.

Debra Thal (username) :

However, sometimes threatening to sue them works.

Debra Thal (username) :

You can call the manager and explain what happened and demand a refund and threaten to sue and you very well may be able to get a refund.

Debra Thal (username) :

But if you do sue it will be your burden of proof to show that you were mis-represented.

Customer : is it also my obligation to find out what all the pricing is, because they didn't give me receipt although I asked for a receipt they only gave me my mastercard receipt and not a service and product receipt? And had they given me a receipt and although I just paid couldn't I ask for my money back at the moment in time when I realized I was being mischarged?
Debra Thal (username) :

That is a good point and one that you should absolutely raise with them.

Debra Thal (username) :

You were led to believe you were getting two packages and not one and you never were given a proper receipt which shows how horribly disorganized they were because you were absolutely entitled to the receipt.

 
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