LuxiCare

Our records indicate that the consumer registered for the promotional trial membership on 1/**/2015. As advised directly on the payment page the terms and conditions, as well as any additional terms, conditions and covenants are made referenced in or made available by the hyperlink on...

the Credit Card Payment Page upon registration. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act.  By participating in the risk free trial and enrolling for a trial order, members will be shipped a pair of sunglasses for $5.99 S&H. Our members are given the opportunity to try it for 14 days to enjoy their purchase and determine if the item is a suitable fit. If not, the unopened item may be returned within the allotted time by contacting our Customer Care toll-free line or by via email. To which our members are then given a RMA number. If our members are satisfied, they do nothing and agree to be charged $98.00. Plus, they agree to be enrolled in our Monthly VIP Membership Program where 45 days from their initial order date and every 30 days thereafter they will receive a new item for the discounted retail price of $98.00 (Free Shipping). Our members have the option to cancel their VIP Membership at any time.On 3/**/2015 our account holder’s wife contacted our customer service call center in an attempt to gather information regarding the charges he incurred. Our customer servicerepresentative advised her of the Terms and Conditions her husband agreed to upon signing up for the promotion. The account holder’s wife became extremely irate using profane language with our customer service representative. Due to the irate demeanor of the customer our Billing Department Manager emailed the consumer a courtesy $50.00 refund offer. The account holder’s wife then called back into our customer service center advising the customer service representative she declines the $50.00 offer. Our customer service representative explained to the customer the offer was a courtesy as her husband agreed to Terms and Conditions, therefore we are not obligated to extend this courtesy. The account holder’s wife again became extremely irate and requested a full refund. Our Billing Department Manager extended a courtesy $130.00 refund contingent on the customer agreeing not to file any complaints against our company. Contrary to the consumer‘s claim the evidence within this document will show that he knowingly participated in our risk free trial starting at $5.99. His failure to cancel within the 14 day trial period resulted in the account becoming a VIP membership as specified within the terms he agreed to. The consumer enrolled for the fourteen (14) day trial on 1/**/2015. Upon sign up customers must agree to the terms & conditions and privacy policy that are presented on credit card payment and enter a valid credit card and CVV2 number before proceeding any further. Upon sign up users must agree to the terms of use and privacy policy that is presented on the site as well as enter a valid credit card and CVV2 number before proceeding any further. Please note that the recurring membership fee is mentioned on the payment page within the “Satisfaction Guarantee” section. If a customer does not cancel the trial subscription and return the merchandise; they will then automatically upgrade to a recurring VIP membership per the terms entered into.Although the consumer simply failed to cancel the 14 day trial period nor returned the item to avoid becoming a recurring VIP Member, after careful consideration on 3/**/2015 our billing department manager decided to go against our strict no refund no return policy and offer the consumer a refund in the amount of $130.00 along with keeping possession of all products received.

Review: This company is charging me for very cheap sunglasses that we do not want. They advertise that they provide Luxury Products. My husband MAY have ordered them unknowingly and does not want these sunglasses and did not understand that this would be an ongoing monthly charge to our credit card. The product is inferior to what they charged us. They will not take the sunglasses as a return and will not refund our money. They are rude and uncooperative on the phone as well as threatening me when I said I would be seeking to have the charges removed from my credit card bill. This is a trap and is an unethical business format.Desired Settlement: Full Refund of $206 and no further charges against my credit card.

Business

Response:

Our records indicate that the consumer registered for the promotional trial membership on 1/**/2015. As advised directly on the payment page the terms and conditions, as well as any additional terms, conditions and covenants are made referenced in or made available by the hyperlink on the Credit Card Payment Page upon registration. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. By participating in the risk free trial and enrolling for a trial order, members will be shipped a pair of sunglasses for $5.99 S&H. Our members are given the opportunity to try it for 14 days to enjoy their purchase and determine if the item is a suitable fit. If not, the unopened item may be returned within the allotted time by contacting our Customer Care toll-free line or by via email. To which our members are then given a RMA number. If our members are satisfied, they do nothing and agree to be charged $98.00. Plus, they agree to be enrolled in our Monthly VIP Membership Program where 45 days from their initial order date and every 30 days thereafter they will receive a new item for the discounted retail price of $98.00 (Free Shipping). Our members have the option to cancel their VIP Membership at any time.On 3/**/2015 our account holder’s wife contacted our customer service call center in an attempt to gather information regarding the charges he incurred. Our customer servicerepresentative advised her of the Terms and Conditions her husband agreed to upon signing up for the promotion. The account holder’s wife became extremely irate using profane language with our customer service representative. Due to the irate demeanor of the customer our Billing Department Manager emailed the consumer a courtesy $50.00 refund offer. The account holder’s wife then called back into our customer service center advising the customer service representative she declines the $50.00 offer. Our customer service representative explained to the customer the offer was a courtesy as her husband agreed to Terms and Conditions, therefore we are not obligated to extend this courtesy. The account holder’s wife again became extremely irate and requested a full refund. Our Billing Department Manager extended a courtesy $130.00 refund contingent on the customer agreeing not to file any complaints against our company. Contrary to the consumer‘s claim the evidence within this document will show that he knowingly participated in our risk free trial starting at $5.99. His failure to cancel within the 14 day trial period resulted in the account becoming a VIP membership as specified within the terms he agreed to. The consumer enrolled for the fourteen (14) day trial on 1/**/2015. Upon sign up customers must agree to the terms & conditions and privacy policy that are presented on credit card payment and enter a valid credit card and CVV2 number before proceeding any further. Upon sign up users must agree to the terms of use and privacy policy that is presented on the site as well as enter a valid credit card and CVV2 number before proceeding any further. Please note that the recurring membership fee is mentioned on the payment page within the “Satisfaction Guarantee” section. If a customer does not cancel the trial subscription and return the merchandise; they will then automatically upgrade to a recurring VIP membership per the terms entered into.Although the consumer simply failed to cancel the 14 day trial period nor returned the item to avoid becoming a recurring VIP Member, after careful consideration on 3/**/2015 our billing department manager decided to go against our strict no refund no return policy and offer the consumer a refund in the amount of $130.00 along with keeping possession of all products received.