Opal Acupuncture, LLC

Revdex.com: I have reviewed the response offer made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below On October 21, Vailes picked up my [redacted] hot tub to replace the liner and to install a motor that was supposed to take care of the ongoing (months) problem in which the unit does not heat the water to the desired temperature" [redacted] " called me in early November saying that the hot tub was repaired and "up to temperature." I went to their offices on November at 8:a.mPlease note that I waited approximately minutes for someone to take me back to my tubThe tub was set at degrees and their floating thermometer read I had three thermometers -- a similar floating one; a suction attachment; and a digital aquarium thermometer that reads the lower 1/of the tubThe reading were: • Floater: • Side suction: • Digital (lower 1/3): I left after stating that this sub performance was not acceptable [redacted] assured me that she would contact the manufacturerOn Nov 5, [redacted] emailed me that the manufacturer was " reviewing the hot tub history and are supposed to get back in touch with me as soon as possible." November 13: I emailed Vailes stating: "Thank you for attempting to resolve the problems with the hot tubHowever, it is apparent that after almost seven months, Vailes and [redacted] are unable to bring a satisfactory outcome to the problem of the insufficient heating of this tubIn summary, there have been three motor units on this tub and none have been able to bring the temperature to an acceptable rangeWith the unit in your store last week and the temperature set at degrees, the actual readings ranged from degrees on the surface and sides to degrees in the lower one-third of the tubSitting in degree water is not a satisfactory optionAt this point, the only acceptable solution is for a full refund of my $Please send this to me via cashiers check by November 20." As of November 20, I have received no communication from themThey now have my: Tub $As I suspected, once the Bureau closed the earlier complaint ticket, Vailes went silent as was their behavior prior to my filing a complaint when I was trying to get this resolved on my ownI have been patient with Vailes over the 7-month period trying to resolve this problemThe product does not perform as advertised; they do not respond to calls or emails unless the Bureau is involvedI want closure to this and, for me, that is a full refund of my investment of $

Revdex.com:
I have reviewed the response offer made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Nowhere in the contract br in my discussions with the business prior to my purchase was I told nor did I read that the tub could operate up to four degrees difference from the set temperatureOn the contrary, the use and care booklet states on page "The thermostat will automatically turn the tub on and off as the temperature falls below, then reaches, the set temperature to maintain the water temperature you have selected, hours a day."
Regards,
*** ***

Upon inspection of the spa, customer was not happy with the temperature difference, *** manufacture was contacted At this point due to the fact *** determined the tub is operating to manufacturing specifications they do not approve refund *** has replaced the original control pack twice to get the temperature variance as close as possible There is can be up to a degree difference in temperature due to thermal layer.Vailes is willing to sell the tub on consignment for the customer to recoup as much of the investment as possible or reinstall the relined spa with new control pack As stated in the original sales agreement “all special order tub sales are final and cannot be returned.” Vailes strives to serve the best customer service and reach the best solution in this situation. Regards,*** ***Vailes Home Improvement Services*** *** ***Fishersville, VA 22939###-###-####***

Vailes Home Improvement Services always has and always will take care of our customersWe have and will continue assist our customers and honor the manufacturer's warranty on the products we sellIn this particular instance, we have not had contact with this customer since May of this year when we
worked with the customer and manufacture, and were of the belief that the issue was resolved completelyIf the customer is continuing to have issues or concerns the customer should contact us directly in order to allow us to continue to assist the customer, honor the warranty and help to resolve the issue or concernThis Revdex.com correspondence is the first we have heard that there still is an issue or concern.Vailes Home Improvement Services is always here to help our customers and honor the warranties of the products we sell. Please contact me and let me know your thoughts.Thank you,*** ***
*** ***

I have reviewed the response offer made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Vailes has NEVER responded to any of the emails and/or phone calls I sent/left regarding the either: 1) the underperformance of the unit and failure to attain the set temperature, or 2) the foreign object beneath the liner
Regards,
*** ***

Revdex.com:
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]

We have monitored your spa while here and have it ready for delivery to your home. I have schedule [redacted] to deliver the spa Monday morning.On November 4th after your visit to the showroom I emailed [redacted] the concerns and your request. I followed up by phone and spoke to him on several occasions via phone regarding your spa. He spoke with his team and responded via phone that they did not approve refunding the purchase. Unfortunately this is a manufacturing issue, [redacted]’s email is [redacted].I have also spoken with Chuck Vailes regarding this and feel we have going  as far as we can on our end, his email is [redacted].Thank you,[redacted]Vailes Home Improvement Services[redacted]Fishersville, VA 22939###-###-####[redacted]

Revdex.com:
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
On October 21, Vailes picked up my [redacted] hot tub to replace the liner and to install a motor that was supposed to take care of the ongoing (7 months) problem in which the unit does not heat the water to the desired temperature. "[redacted]" called me in early November saying that the hot tub was repaired and "up to temperature." I went to their offices on November 4 at 8:15 a.m. Please note that I waited approximately 10 minutes for someone to take me back to my tub. The tub was set at 104 degrees and their floating thermometer read 102. I had three thermometers -- a similar floating one; a suction attachment; and a digital aquarium thermometer that reads the lower 1/3 of the tub. The reading were: • Floater: 102 • Side suction: 100 • Digital (lower 1/3): 100 I left after stating that this sub performance was not acceptable. [redacted] assured me that she would contact the manufacturer. On Nov 5, [redacted] emailed me that the manufacturer was " ... reviewing the hot tub history and are supposed to get back in touch with me as soon as possible." November 13: I emailed Vailes stating: "Thank you for attempting to resolve the problems with the hot tub. However, it is apparent that after almost seven months, Vailes and [redacted] are unable to bring a satisfactory outcome to the problem of the insufficient heating of this tub. In summary, there have been three motor units on this tub and none have been able to bring the temperature to an acceptable range. With the unit in your store last week and the temperature set at 104 degrees, the actual readings ranged from 102 degrees on the surface and sides to 100 degrees in the lower one-third of the tub. Sitting in 100 degree water is not a satisfactory option. At this point, the only acceptable solution is for a full refund of my $4312.04. Please send this to me via cashiers check by November 20." As of November 20, I have received no communication from them. They now have my: 1. Tub 2. $4312.04 As I suspected, once the Bureau closed the earlier complaint ticket, Vailes went silent ... as was their behavior prior to my filing a complaint when I was trying to get this resolved on my own. I have been patient with Vailes over the 7-month period trying to resolve this problem. The product does not perform as advertised; they do not respond to calls or emails unless the Bureau is involved. I want closure to this and, for me, that is a full refund of my investment of $4312.04.

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

Revdex.com:
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Thank you for your reply yesterday, Dec 9, to my inquiry as to the status of my hot tub, which you have had in your possession since October 21, 2015. Your offer to consign the tub is unacceptable.The contract I signed was for a unit that operated as advertised.  In none of our conversation pre-purchase nor in the printed materials in either the [redacted] "Owner's Guide" does it indicate that the unit may have variances in performance. Only after  the first motor unit replacement did you mention that there could be a "two-degree" difference from what the unit reads. The [redacted] website states:                " ... thermostat will automatically turn the tub on and off as the temperature falls below, then reaches, the set temperature to  maintain the water temperature you have selected,  24 hours a day."Furthermore, the site states,                "If the unit is not heating to the correct temperature, it is likely there is an issue with the  temperature probes in the motor unit."                " ... water temperature variance of 80-104 degrees, all simply controlled by using the up and  down arrows on the digital control panel of the connecting motor pack unit."                "[redacted]’s patented SmartChip technology locks in that temperature digitally, regardless of ambient temperature, until it is changed by the user, again using the up and down arrows  on the control panel."The Owner's Guide, page 11 parrots the website:                " ... thermostat will automatically turn the tub on and off as the temperature falls below, then reaches, the set temperature to  maintain the water temperature you have selected, 24 hours a day."Nowhere is the consumer warned about variances being two to four degrees below the temperature at which  the unit is set. That four-degree variance was witnessed and acknowledged by you in your place of business on November 4. There were four thermometers in the tub. The readings with the tub set at 104 were:Vailes' and my floating thermostat: 102 degreesThe side and submersible thermometers measuring temperatures in the tub where consumers would actually be sitting: 100 degreesYour follow-up email to me on Nov 5 stated,                 "I spoke with [redacted] at [redacted] and they are reviewing your tub history and are supposed to get back in touch with me as soon as possible. Hopefully they are able to resolve this so that you are able to enjoy your spa." And then, you failed to get back to me. On November 13, I emailed you again. Once again, I received no response.I had to initiate the follow-up with you yesterday, December 9 ... more than a month later.The bottom line: I was sold a hot tub that does not perform as advertised. The statements on both the website and the publication are misleading statements in advertising and are misrepresentation of the product. Therefore, the contract is not valid.I remain committed to a full refund.In the meantime, please:1. Have the unit returned to my property by close of business Monday, December 13. While in your custody, I should hope that you were not negligent in its care. Should there be any indication that the chemicals have not been balanced correctly during the past eight (8) weeks, and/or that, if drained, that the unit  was not stored properly so that mold did not develop, then we have more serious problems.2. Provide the contact information email form for your supervisor3. Provide contact information in email form for [redacted] at [redacted]4. Provide copies of the email exchanges between you and [redacted] while the tub has been in your possession, October 21-present. [redacted]