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Albert Marmero
Albert Marmero,
Category: Consumer Protection Law
Satisfied Customers: 197
Experience:  Partner at Long, Marmero, & Associates, LLP
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My son recently purchased me a "gift" hot yoga classe

Customer Question

My son recently purchased me a "gift" for 10 hot yoga classes. He did not know that the gift was non refundable nor did he know that his 61 yr old mother would not be able to withstand 105-115 degree w/40% humidity be healthy for me (I have never practiced yoga and this is by far an advanced yoga class). My question is, the website did not have any disclaimers in regard to getting medical advice prior to attending this class, nor was there any mention on their website of the advanced degree of yoga that would be offered. I would like to get a refund based on the website never showing any of the medical reasons not to take this class. Is there a law re a website needing to show a waiver of any sought warning the consumer of any potential harm?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Albert Marmero replied 1 year ago.
This will not be the answer you want to hear, but if their policy is that gift cards, or gift purchases, are non-refundable, then there is likely no way to force them to provide a refund. I assisted someone in a similar situation recently and rather than a refund, the person was able to use the cost of the classes to purchase a yoga mat and some apparel, etc., so if this facility sells apparel, perhaps that is one option. Another solution I have seen is "selling" the "gift" to someone else. Lets says the gift card cost $100. Perhaps you can sell it to someone who wants to take the classes for $90. This is not a full refund but its close. Other than these options I see no other solution. Should you try to sue them, I don't think you'll succeed and you'll spend more than the cost of the gift.I hope this was helpful. If so, please provide a rating so I receive credit for responding to you, even if its not the response you were hoping for. Also, please feel free to ask follow up questions. Thanks!!

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