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How can I get someone to help me get a refund of money

Customer Question
How can I get...

How can I get someone to help me get a refund of money deposited for hearing aids which did not work properly and for which the distributor will not refund the cost. Amount is approx. $ 4500.

Lawyer's Assistant: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money. What state is this in? And just to clarify, when was the purchase made?

Hearing aids were purchased in Hartselle, Al. from One Love Hearing Aids .

Lawyer's Assistant: Have you contacted the manufacturer?

Yes and they also do not warrant their product (Starkey Hearing Aids) of Wisconsin.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I sent them a letter requesting a refund and the owner of the company said it was a no refund contract, which we did not receive a copy of.

Submitted: 8 months ago.Category: Legal
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9/11/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,326
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 8 months ago
Additional Info: We, my wife and I, purchased the hearing aids on Aug 8th, from One Love Hearing Concepts located at 1104 Hwy 31 N, Hartselle, Al. 35640. My first Question to the person (Angel "Nacho" Ibanez, Master Clinician for Better Hearing/ Apprenticing Hearing Journey Angel), was, are your hearing aids warranted? His answer was "we have the best aids made" - which are Starkey Aids. Perhaps not an exact quote but close. I then put my wife Tommie, who has Parkinson's Disease, in our car and took her to his office, located as above mentioned. Angel proceeded with his examination and then got the hearing aids and put then in her ears, noting the she had excessive wax in her ears. Also saying that it would need to be cleaned out. We then paid for the aids by a VISA card and returned home. After we returned home we noted that the aids had excessive static and feed back which made the aids almost useless. When questioned the seller stated that they needed to make impressions of her ears in order to add or modify the aids for them to work properly and that the wax would need to be removed first.
In the mean time I went online to check out Starkey Aids. After calling the company I found that they do not warrant their product and that it is the responsibility of the seller to warrant the product which in this case, he does not warrant them.I then sent a letter to the seller requesting a refund. He informed me that they do not warrant the aids and that the contract does not have a provision for refunding the purchase price. We did not receive a copy of a contract, only a Sales Receipt. for $4,578.00 including tax. At the time of our purchase they also requested our Health Insurance Card and used it to file for refund of medical services of $1,786.00, in the name of CREASY, H.I.S., JOSHUA ZEKE-- CLAIM NUMBER(###) ###-#### which was denied by our carrier, UnitedHealthcare P.O. Box 30995, Salt Lake City, Utah###-##-####Had he been paid by our insurer the total would have been $6364. Hopefully you will be able to get us a refund of the cost of the aids, which is $4,578. We will be appreciative of any help you can give us.Respectfully,Guy R. and Tommie F. BrownP.S. Local attorneys are reluctant to accept our case due to the small amount involved , although it is not so small to us.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Guy, I am so sorry to hear about your situation. Unfortunately, because I do not live and am not licensed in AL, I won't be able to help. However, I believe that you can help yourself.

This appears to be a violation of the implied warranty of fitness and the implied warranty of merchantability.

Under the Uniform Commercial Code section 2-315, which has been adopted in part or wholly by every state, it says, “Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.” All this means in plain English is that if a buyer is relying on the seller’s skill or judgment (e.g. if you rely on a lawn mower mechanic’s skill in choosing a blade for your lawn mower), then the mechanic warrants that the good will be fit for its particular purpose (cutting grass). Unless the goods are sold “as is,” then then a violation of that warranty may allow the buyer to recover damages.

Under section 2-314 of the Uniform Commercial Code, which has been adopted wholly or in part by all the states, sellers are bound by the implied warranty of merchantability. What this means basically is that the good(s) that you purchase will generally be acceptable. An example would be if someone purchased a vehicle. A seller warrants that the vehicle is going to be generally acceptable, fit for its ordinary purpose, and be of a generally understood type and quality. A violation of this will ultimately result in damages for the buyer.

This is also probably a breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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