Mobil Dry Harbor Service Station Inc.

Initial Business Response /* (1000, 9, 2016/01/08) */
I will first begin by stating that any time we have pending transactions, meaning they are still within the right to resend that is federally mandated that they have 3 business days to cancel the contract, that I remain at the office until...

5:30pm CST. The contract states "YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ACCOMPANYING NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT." Which is then followed by a description of how to resend on the contract. The customer did not call our office phone because it never reflected on our caller ID nor was there a voicemail left. When the sales person spoke with me about the situation I had him contact her (this was the following day after the cancellation period had expired). She explained to the sales person that her son had looked up the prices online and saw they were lesser than the price she got the machine for, and that was her complaint, not that, "I really could not afford the vacuum at my age and needed to return it." The description of the cancellation process openly states, "To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram (a message sent by telegraph and then delivered in written or printed form) to our address which was clearly printed on the contract. The consumer even referenced that to the salesman. She was and is fully aware of the process to resend the product. The cancellation period isn't just to protect the consumer it is also there to protect the business as well. The prices being a little lower online for an un-warrantied, used machine is irrelevant to us because we do not sell used products, we sell new, warrantied products. The only real issue here is that she wanted a better deal because she heard she could get a used and un-warrantied unit online for less. We have no legal obligation to offer the consumer anything, but we are willing to because we, as a local business, understand the importance of achieving our goal of unprecedented customer service, which is why we are willing to, once the issue is resolved with the Revdex.com gladly issue her the $300.00 check that was verbally agreed upon as a courtesy (that was originally written and dated 12/15/15). Upon request, should the Revdex.com of Southwest Missouri need a copy of the contract we will gladly produce the document in question.
Initial Consumer Rebuttal /* (3000, 11, 2016/01/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Several incorrect statements in this response---My calls to cancel the contract are as I stated, (I do not know why his machine did not record the first call) the second call was answered by the salesman, I asked him what I should do, he said he would talk to his boss and call me the NEXT day, he never referred me to the "contract" which he could have done. (If a phone call does not enter into the equation, why is the point made that the respondent remained in his office until 5:30) He did ask why I was cancelling in the initial phone call and I told him I could not afford the cleaner at my age (72). I am on a limited fixed income with serious health problems. In the phone call the following day, I did refer to the cost being double the cost of the same machine (a new machine in the box, not a used machine) on the internet. There was no mention of my son doing anything (he does nor know I did this). (I did talk with my son on the phone while the salesman was present, my son told me at that time the cost was very much out of line.) I agree I used poor judgment in allowing myself to be mesmerized with the sales procedure used. I feel the phone call was made within the established grace period (before midnight Dec. 14,2015 and the sales person should have said at that time, it was needed in writing). The sales person told me at the time of purchase, I should call him with ANY problem. I feel this group took advantage of an old woman with the way they swooped in and started telling me how "filthy" and "unsanitary" my house was and that any comparable cleaner would be in the same price range. I received no warranty, that the sales person and the respondent have referred to. I was not wanting to buy any vacuum, nor am I now. There is no issue of wanting a "better deal", I simply cannot afford this machine. The salesperson also said this purchase was tax deductible, which it is not. I also feel the offer to refund $300 indicates their knowing they have taken advantage of an old person and felt it would appease me. I continue to believe I made a legitimate attempt to cancel this contract. In the second phone conversation, the salesperson told me the distance to retrieve the machine was too far and he asked why I agreed to buy the machine in the first place, if I was going to cancel (the "nice" young man who made the sale changed into a very sharp and unkind person) . I can only say I am old, not well, and was mesmerized by the high pressure sales technique.