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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34268
Experience:  16+ yrs. of legal experience.
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In July 2015, I purchased a cosmetic service at Skin Deep

Customer Question

In July 2015, I purchased a cosmetic service at Skin Deep Spa in Bloomfield, MI. I had planned to have the services done in Sept timeframe. I used 12 months 'same as cash' financing using Care Credit issued by Synchronchy Bank. However, due to some changes in my personal finances, I decided I should put off the purchase and called the Spa to cancel and request a refund. The Spa then informed me that they do not offer refunds whatsoever and that I signed some form acknowledging that policy. I do not have any recollection of signing such a form not that policy being explained to me. I know I did sign some forms so I am worried I may have unwisely signed something that I didn't fully read. My question is do I have any protection under Michigan law for such an unfair policy. Should I likely request a copy of what I signed and depending upon that form, I may or may not have any remedy? Any advice greatly appreciated.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I want to make sure I understand...are you asking if MI law allows a customer to demand a refund ?

Customer: replied 1 year ago.
I guess I'm looking for advice in terms of if I have any legal recourse whatsoever. I never received any services and prepaid. Can I demand a refund Under Michigan law or does my right to a refund depend upon the company's financial policy? Seems like such a policy shouldn't be allowed and if it is then the company should make such policy very clear to the consumer
Expert:  P. Simmons replied 1 year ago.

THanks

One more question please...is there any issue with the product (for example, is it defective)? Or is this about the ability to demand a refund on a non defective product?

Customer: replied 1 year ago.
Not a product. This involves a cosmetic procedure that prepaid for but never had done. I want a refund now bc I no longer wish to have the procedure done
Expert:  P. Simmons replied 1 year ago.

Ahh...thank you.
Tell me this, do you have a copy of the contract (the agreement you signed when you paid for the services)

Customer: replied 1 year ago.
Sorry for delayed response. I do not have a copy. I'm guessing i should request a copy?
Expert:  P. Simmons replied 1 year ago.

Thank you

That is a good start. That is, if you signed an agreement, that agreement is what will determine your rights in this matter. Obtaining and reading a copy would be a good start to sorting this out.

Lets back up...

When parties enter into an agreement for services, both parties are bound by the terms of the agreement.

With certain exceptions, there is no automatic "right to rescind" (right to cancel) the agreement.

Lets start with agreements you CAN cancel

Federal law and MI law give a 3 day right to cancel contracts made in a "door to door" sales (so a person comes to your home and you sign an agreement to purchase a product or service? You have 3 days to cancel that agreement). Federal law also gives 3 days to cancel a mortgage loan.

MI law gives one day to cancel a home improvement contract.

What you are describing, since the agreement was entered into over 3 days ago, you are too late to rescind.

Next, under contract law, you can cancel the agreement and the other party is required to "mitigate damages"...that is, if you give the other side notice that you are cancelling, they are required to take steps to minimize the expenses they suffer.

Let me give an example: say your contract was for installation of a new bathroom. You sign the contract...and a week later you cancel. The contractor can sue you for any damages they can prove. So, for example, if they contractor spent money on materials, they can sue you to recover. OR if they turned down other work (to make room for your job) they can sue for lost income. If they sue, they have to prove how they were harmed.

And this is where the contract comes into play...

It is VERY common for agreements like you describe to have a "liquidated damages" provision where the contract states how much you owe if you cancel. You will want to review this....since if the case lands in court, they can hold you to the agreement you signed.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can rescind this contract without recourse from the company, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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