Consumer Law, Warranties How to cancel Spa package and recover your money

[GinaCh]

Hello. I signed the contract in Spa for the package of treatment for the amount of $4000. Is there are any chances that I can cancel the contract now?
To be honest, it doesn't look like official contract. It had a Company's logo with name on the top, and blank space on the whole page, and at the bottom of paper it says that the payment is nonrefundable, and they can guarantee the effect for 3 years only. I feel like the woman, who sold the package to me, closed with her hand the bottom part of the paper. She explained me so passionately what a wonderful treatment I'm signing for and that if I won't sign right now, then I won't be able to get this package for such a low promotional price. She was very pushy. Although I said that I need a day to think about it, she is like "I know that treatment is what you want. We just need your credit card now". She was so talkative that when she took the contract to make a copy and never gave it to me back, I noticed it when I got home only. And another fact is that she advertised it as a Laser treatment; however, when I checked the name of equipment they use I found out that it's not Laser, but IPL which is Photo-treatment.
I feel like the seller put a lot of pressure on me pushing me to buy contract, and I feel deceived when I found out that I bought not what they advertise.

 

[Michael Wechsler]

Without seeing the agreement and knowing the full nature of the facts, I'll have to limit my response to saying that it's a guess as to what you might consider doing.

You were in the spa when you signed the agreement and it was a pressure sale to sign right there? Did you have any discussion with them to terminate the Agreement? You may wish to send in a letter / fax or follow up communication to confirm any conversation and officially terminate the agreement immediately based upon misrepresentations by the company. I'll explain.

Did this woman give you a chance to read the entire agreement? I don't understand about closing the contract with her hand. You should have read it. The only claim you may have is that she lied to you about the nature of the services and you discovered the "fraud" immediately. If this termination is done quickly, I would think that they have a more difficult time enforcing the agreement and convincing a judge that a quick, not so honest sales job may have occurred. In addition, there should be minimal damages to the defendant, if any.

I don't think I need to say that you should never allow yourself to be pushed into something of this nature. If they need your signature right there and then, it should set off bells in your head that something is wrong. Good luck with this - at worst you have a small claims issue.

 

[jharris352]

With due respect to my colleague, lawprof; while I don't object to you trying to back out of the deal in writing, your claims are not sufficient to me.

The law assumes when you sign an agreement that you read it. If you carelessly signed an agreement without reading it, or while someone had their hand over it, the law is not going to protect you. Even if you were "pressured" to sign the agreement, while it may not be a good business practice, you are expected to stand your ground, read and understand what you are signing. Any attempt by you to say, they pressured me isn't going to be considered by a judge unless the pressure rose to the level of "coercion." If they weren't threatening you and your family that is terribly unlikely.

I'm not sure what you mean by, "it didn't look like a contract." It was a written instrument that outlined the terms and conditions of your agreement. It bore your signature and you tendered real and valuable consideration. Those elements written on toilet paper or a stone would be held as an enforceable contract.

What it sounds like to me is that you paid a lot of money, you got buyer's remorse and now you are trying to make good reasons why you shouldn't be held to your end of the bargain. No offense meant but that isn't going to be good enough in a court of law.

I would try what lawprof said and see if someone at the spa will at least give you part of your money back, if for nothing else, to keep you from telling bad things about their company. Good luck, I hope you do get your money back, but next time someone pushes a pen toward you don't pick it up. Pick up the paper and read it thoroughly. If they won't let you, don't sign.

 

[Michael Wechsler]

Yo, jharris - by no means am I encouraging people to be scofflaws!

What I am saying is that I know the horrible high pressure sell. Many slight but important misrepresentations are made during that time which is almost as bad as when they come to your door to solicit you. I'm helping the OP with deal with what may have been a difficult moment to hope to get an "honest" settlement with a company that may have been using pressure tactics against an unsuspecting person, perhaps a little naive to them.