Let the Buyer beware
Dave Oswald
Chartered Accountant @ Forensic Restitution | Forensic Accounting, Data Analytics, Fidelity and business interruption claims
In today's fast changing life, products that are offered for sale may not be all that the advert makes it out to be. In the latest complaint to our web page, yet another customer ordered a “pay only for shipping” beauty product and ended up paying hundreds of dollars from her credit card. Tucked away on the payment page are those pesky “terms and conditions” which you really should read before you sign up to any deal. The following are the terms and conditions on May 16, 2017 from the Chantel St. Claire Rapid wrinkle control site - Our comments in Bold in Brackets
How Does the Trial Offer Work?
A trial offer is a way to get the full 30 day supply of Advanced Wrinkle Control where you pay only $3.95 upfront and enroll in our monthly subscription. (“You are entering into a monthly subscription”) After the trial expires (14 days), you are charged $99.95 for that initial bottle ("you will be charged in full if you do cancel within 14 days of when you placed the order, not when the product was received (according to the website orders are shipped out within 2-3 days with 5-7 days for shipping, which means you have anywhere between 4 and 7 days to return the purchase if you do not want to be charged”). Every 30 days thereafter, you will be charged $99.95 and shipped another bottle. (You will be shipped a new bottle and charged every month until you cancel) A trial is not a free sample. The price of $99.95 that you pay is for the full 30 day supply bottle that was shipped out. (despite the advert alluding to "Step 1: Free Bottle of Chantel St. Claire Rapid Wrinkle Control - The actual wording on the the click through is "get your Trial now" no mention of free) The Extreme Hydration trial is only $4.95 upfront and just like the Advanced Wrinkle Control trial. You will be enrolled in our monthly subscription. After the trial expires (14 days), you are charged $89.95 for that initial bottle. Every 30 days thereafter, you will be charged $89.95 and shipped another bottle. A trial is not a free sample. The price of $89.95 that you pay is for the full 30 day supply bottle that was shipped out. When you order a trial, you have to check that you agree to our terms and conditions and enroll in our monthly shipment program. Applicable sales tax may be applied to all charges.
The company goes on to say
"YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Our Company, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF PLACING AN ORDER FOR THE PRODUCT, PURSUANT TO THE INSTRUCTIONS BELOW."(basically you cannot become part of a class action against the company. the terms and conditions also stop you enforcing a jury trial)
These terms and conditions are what the company rely on legally if you have a dispute with them. The simple fact that you did not read them is of no consequence, as ignorance of the Terms and Conditions is not a defense in law!
The next time you make a purchase of a product on the internet, make sure that your read the terms and conditions first, so that you know what you are getting yourself into before the event, and not fighting with the company a couple of months down the road!