Safe Step Tubs of Arizona

I have reviewed the response 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 6/25 [redacted] came to our home to present information on Safe Step Tubs. He noted that we are both elderly and that [redacted] has difficulty in moving about as a result of several strokes. He gave us a very high pressure sales pitch. [redacted] did sign the contract and give a $5000.00 deposit.  On 6/27, [redacted] called the owner, [redacted] and we both spoke with him. We requested some additional time in order to be able to actually view the tub in their office in Green Valley, AZ. [redacted] was receptive to our seeing the tub in person and seemed to agree to a couple days for us to visit their office. I explained that we had a doctor appointment on Friday and could not make it then. They are open Mon thru Fri only. On Monday, due to health problems we could not make the trip. The scheduler called me to set an installation date, I explained that I understood we were on a hold and did not want to schedule a date at that time. On 7/2, [redacted] called me very angry and belligerant, he stated that no verbal exception was valid, the only thing valid was the printed contract. Up to that point, I thought we would be proceeding with the contract after a visit to the showroom. But after his call I did not want to do business with his company as I question his ethics. That afternoon I posted a letter to the Phoenix address on the contract, cancelling our contract. The receipt was signed by a [redacted] on 7/3. Yet I note in the reply dated 7/15 they deny having received a cancellation. Between 6/30 and 7/3 I placed many calls to the Green Valley number asking to speak with someone, but my calls were never returned. On 7/10 I called [redacted] to try to discuss the problem. Again, I was met with belligerance.  I also note that the reply to Revdex.com is using a Las Vegas, NV address - but they presented themselves as a local dealer.  My Revdex.com complaint/request was that the company honor the verbal hold for a few days request I thought I was given. The owner was notified by phone on 6/27 that we were having doubts about proceeding, we thought we were given an extension.  Now were are being told it must be in writing.

Regards,

I have reviewed the response 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 6/25 [redacted] came to our home to present information on Safe Step Tubs. He noted that we are both elderly and that [redacted] has difficulty in moving about as a result of several strokes. He gave us a very high pressure sales pitch. [redacted] did sign the contract and give a $5000.00 deposit.  On 6/27, [redacted] called the owner, [redacted] and we both spoke with him. We requested some additional time in order to be able to actually view the tub in their office in Green Valley, AZ. [redacted] was receptive to our seeing the tub in person and seemed to agree to a couple days for us to visit their office. I explained that we had a doctor appointment on Friday and could not make it then. They are open Mon thru Fri only. On Monday, due to health problems we could not make the trip. The scheduler called me to set an installation date, I explained that I understood we were on a hold and did not want to schedule a date at that time. On 7/2, [redacted] called me very angry and belligerant, he stated that no verbal exception was valid, the only thing valid was the printed contract. Up to that point, I thought we would be proceeding with the contract after a visit to the showroom. But after his call I did not want to do business with his company as I question his ethics. That afternoon I posted a letter to the Phoenix address on the contract, cancelling our contract. The receipt was signed by a [redacted] on 7/3. Yet I note in the reply dated 7/15 they deny having received a cancellation. Between 6/30 and 7/3 I placed many calls to the Green Valley number asking to speak with someone, but my calls were never returned. On 7/10 I called [redacted] to try to discuss the problem. Again, I was met with belligerance.  I also note that the reply to Revdex.com is using a Las Vegas, NV address - but they presented themselves as a local dealer.  My Revdex.com complaint/request was that the company honor the verbal hold for a few days request I thought I was given. The owner was notified by phone on 6/27 that we were having doubts about proceeding, we thought we were given an extension.  Now were are being told it must be in writing.

Regards,

[redacted] entered into a binding contract with our company, on June 25th, 2014, for the purchase and installation of a walk in bathtub. This is a custom ordered product. It was explained clearly that this contract was cancellable within three business days, and the paragraph on the contract where this is written was initialed by the customer. The customer is entitled to cancel their contract after the three days; however, there is a 33% penalty if this is done, which is also printed in that paragraph. It also states that all cancellations must be in writing. [redacted] did call our office to request that they visit our showroom to see, and sit in a tub, and if course, we welcomed them to do so. This is not unusual - many of our clients like to see the tub they're getting. However, nothing was mentioned about that visit being integral to the purchase, and we just assumed that they would go into the showroom at their convenience. However, they never did attempt to visit our showroom. We never asked why, because things come up, and people change their minds. Again, nothing unusual. When our scheduling department called to arrange an installation date, [redacted] said that they had cancelled their order, and no longer wanted the tub. He said that when they asked to visit the showroom, he had in essence "put their order on hold", and so therefore he considered the contract cancellable, despite being way past the three day cancellation date. This is not the case. We still very much considered this an active contract, and assumed that they just decided not to visit the showroom. The letter to cancel was mailed in, dated July 2nd, 2014. The deadline for cancellation was June 28th. The amount of the contract is $14,721. Therefore, the 33% cancellation penalty would be $4857.93. We would be happy to refund the difference of the $5000 deposit, which would be $142.07. Or, we would be happy to deliver and install the tub they ordered. Those are the options as we see it, at this time. This is the the response that we sent to [redacted], as they have disputed their charge for the deposit. Please let me know if you need any further information. Thank you.

[redacted] entered in to a contract with Safe Step Tubs of Arizona to purchase a walk in bath tub.  They called to say they wanted to sit int the tub.  I agreed with them, that it would be a good idea. I suggested they visit our showroom to sit in one and view our demonstration tub...

with water in it to see how the jets work. We had not heard back from them. 

Our scheduling manager called them for a installation date, in which time [redacted] advised me he wanted to cancel his contract. He said that they had not made it in to the showroom yet to sit in tub. I advised him that the burden was on him to do so before the right of rescission had expired several weeks earlier.  I also advised him that this was a custom order and he had agreed to our Liquidation Damages Penalty clause located directly above his signature.

To this day, [redacted] has not cancelled his contract in accordance with the cancellation policy clearly stated on the contract. This is still a binding contract and even when he does send us his cancellation letter [redacted] are still subject to our Liquidation Damages clause in which they agreed to. 

As as I explained to [redacted], this leaves them with two options:

install the tub in accordance of the contract, at which time theynwill owe us the balance due or he wil forfeit 33% of the total purchase price of the tub.

To Whom it May Concern,
We contacted Safe Step Walk in Tubs of Las Vegas out of an article in a Senior Magazine. I looked up the company online and watched the video with [redacted]. The Salesman Forrest Quesenberry came to our home and discussed all of the features of the tub with us. I discussed my arthritis in my shoulders with him and he assured me this tub would be right for me. It sounded awesome. After the tub was installed we had a 24 hour waiting period for the tub caulking to set up. After the set up time was over I tried out my new tub, something was wrong, the water only filled to my rib cage???
After I faxed, called and left messages and sent a certified letter to the company explaining my concerns, [redacted] the (Business Owner) called me. After explaining the problem to him he told me I must have really stubby legs because he has had no other complaints and sells thousands of tubs. I assured him I was only 5' 3” and he then told me that's funny your shorter than average, I don't know what tell you to do accept to scoot down on the seat to make it work. I explained that I would not get the benefit of the jets in this very uncomfortable and awkward position. Ok, in order for me to get my shoulders under the water my butt is off of the seat. He again said I would need to move around to make it work and that he was unwilling to take it back and refund my money.
Is this the relaxing position in the video? These tubs are targeted for Seniors with mobility issues. Would he tell a fragile 88 year old woman this too???
My point is this is False advertisement and it needs to be stopped. I asked for my money back and [redacted] told me he was unwilling to accommodate me.

Review: We had a sales rep come to our house and show us the benefits of a walk in tub. Sounded good and we signed a contract and gave a down payment on 6/25/2014. The next morning, we called [redacted] to indicate that we would like to actually see a tub before proceeding. He indicated that would be a good idea. Because of health reasons we have not been able to make the trip to the showroom in Green Valley. Yesterday the company called to schedule installation. I told them we thought we were on a hold. This morning , 7/2/2014 we called to cancel. [redacted] called me to inform me that they were not honoring a verbal hold agreement and were going to proceed with holding us to the three day written cancellation and charge a 33% penalty. I believe this is an excessive charge and that [redacted] should abide with the hold in processing that we requested.Desired Settlement: Safe Step Tubs of Arizona should cancel the contract and make a full refund of deposit.

Business

Response:

[redacted] entered in to a contract with Safe Step Tubs of Arizona to purchase a walk in bath tub. They called to say they wanted to sit int the tub. I agreed with them, that it would be a good idea. I suggested they visit our showroom to sit in one and view our demonstration tub with water in it to see how the jets work. We had not heard back from them.

Our scheduling manager called them for a installation date, in which time [redacted] advised me he wanted to cancel his contract. He said that they had not made it in to the showroom yet to sit in tub. I advised him that the burden was on him to do so before the right of rescission had expired several weeks earlier. I also advised him that this was a custom order and he had agreed to our Liquidation Damages Penalty clause located directly above his signature.

To this day, [redacted] has not cancelled his contract in accordance with the cancellation policy clearly stated on the contract. This is still a binding contract and even when he does send us his cancellation letter [redacted] are still subject to our Liquidation Damages clause in which they agreed to.

As as I explained to [redacted], this leaves them with two options:

install the tub in accordance of the contract, at which time theynwill owe us the balance due or he wil forfeit 33% of the total purchase price of the tub.

Consumer

Response:

I have reviewed the response 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 6/25 [redacted] came to our home to present information on Safe Step Tubs. He noted that we are both elderly and that [redacted] has difficulty in moving about as a result of several strokes. He gave us a very high pressure sales pitch. [redacted] did sign the contract and give a $5000.00 deposit. On 6/27, [redacted] called the owner, [redacted] and we both spoke with him. We requested some additional time in order to be able to actually view the tub in their office in Green Valley, AZ. [redacted] was receptive to our seeing the tub in person and seemed to agree to a couple days for us to visit their office. I explained that we had a doctor appointment on Friday and could not make it then. They are open Mon thru Fri only. On Monday, due to health problems we could not make the trip. The scheduler called me to set an installation date, I explained that I understood we were on a hold and did not want to schedule a date at that time. On 7/2, [redacted] called me very angry and belligerant, he stated that no verbal exception was valid, the only thing valid was the printed contract. Up to that point, I thought we would be proceeding with the contract after a visit to the showroom. But after his call I did not want to do business with his company as I question his ethics. That afternoon I posted a letter to the Phoenix address on the contract, cancelling our contract. The receipt was signed by a [redacted] on 7/3. Yet I note in the reply dated 7/15 they deny having received a cancellation. Between 6/30 and 7/3 I placed many calls to the Green Valley number asking to speak with someone, but my calls were never returned. On 7/10 I called [redacted] to try to discuss the problem. Again, I was met with belligerance. I also note that the reply to Revdex.com is using a Las Vegas, NV address - but they presented themselves as a local dealer. My Revdex.com complaint/request was that the company honor the verbal hold for a few days request I thought I was given. The owner was notified by phone on 6/27 that we were having doubts about proceeding, we thought we were given an extension. Now were are being told it must be in writing.

Regards,

Business

Response:

[redacted] entered into a binding contract with our company, on June 25th, 2014, for the purchase and installation of a walk in bathtub. This is a custom ordered product. It was explained clearly that this contract was cancellable within three business days, and the paragraph on the contract where this is written was initialed by the customer. The customer is entitled to cancel their contract after the three days; however, there is a 33% penalty if this is done, which is also printed in that paragraph. It also states that all cancellations must be in writing. [redacted] did call our office to request that they visit our showroom to see, and sit in a tub, and if course, we welcomed them to do so. This is not unusual - many of our clients like to see the tub they're getting. However, nothing was mentioned about that visit being integral to the purchase, and we just assumed that they would go into the showroom at their convenience. However, they never did attempt to visit our showroom. We never asked why, because things come up, and people change their minds. Again, nothing unusual. When our scheduling department called to arrange an installation date, [redacted] said that they had cancelled their order, and no longer wanted the tub. He said that when they asked to visit the showroom, he had in essence "put their order on hold", and so therefore he considered the contract cancellable, despite being way past the three day cancellation date. This is not the case. We still very much considered this an active contract, and assumed that they just decided not to visit the showroom. The letter to cancel was mailed in, dated July 2nd, 2014. The deadline for cancellation was June 28th. The amount of the contract is $14,721. Therefore, the 33% cancellation penalty would be $4857.93. We would be happy to refund the difference of the $5000 deposit, which would be $142.07. Or, we would be happy to deliver and install the tub they ordered. Those are the options as we see it, at this time. This is the the response that we sent to [redacted], as they have disputed their charge for the deposit. Please let me know if you need any further information. Thank you.