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SML Massage and Spa (Inside Salon One)

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Reviews SML Massage and Spa (Inside Salon One)

SML Massage and Spa (Inside Salon One) Reviews (1)

Review: Purchased Spa Certificate for Mother's Day Gift online. Was deployed in Afghanistan and purchased for Mother by calling and purchasing from SML Massage and Spa. Paid upfront by credit card. No disclosure of time limit at time of purchase. My Mother attempted to use after a period of time and discovered a time limit of 6 months to use. Contacted company on Mother's behalf and company refused to honor or refund service already paid for. Company stated certificate was good for 6 months and had emailed certificate to my Mother, however service was already paid for in advance. Company should either refund price paid or render services agreed by prepaid certificate.Desired Settlement: Company will not honor prepaid certificate. Seek full refund in light of company not providing services for monies paid in advance.

Business

Response:

Customer initially states in complaint that gift card was purchased online, then states such was purchased by 'calling and purchasing from SML Massage and Spa. Paid upfront by credit card'.

Customer also states gift card was purchased for the dollar amount of $200.

As per enclosed documents, customer purchased said gift certificate online, via www.smlmassageandspa.com, on 05/11/2013 04:12am for the following services:

Mommy's Time Out (Dermabrasion, Facial, Foot Wrap, Mani, Massage )$129.00

Gratuity$25.80_________Total$154.80.

Such gift certificate was not purchased for a dollar amount nor for the amount indicated in complaint.

The gift certificate was then automatically e-mailed to the recipient, [redacted], and was picked up by such person on 05/13/2013 05:05pm.

As per enclosed JPEG, such gift certificate clearly states an expiration date of November 11, 2013 which was made known to recipient on the day she retrieved such via e-mail.

In conjunction to such, the consumer, [redacted], was directed through our website initially where our TOS is viewable under the tab marked 'Info & Policy'.

Our TOS is listed on our website and can be viewed at [redacted]

Our Gift Certificate Policy states the following:

Gift Certificates are available in any denomination and can be sent out anywhere. Gift Certificates have a six month expiration date which will not be extended, are non-refundable, non-transferable and may not be altered or modified. Gift Certificates may not be combined with other gift certificates or with any other offer, special or discounted service. Gift certificates may not be used on current specials, promotions and/or daily deals. Gratuity is not included unless specified. Please present your gift certificate before services are rendered.

Recipient, [redacted], arrived at our Salon on September 30, 2014 at 2:30pm and was instructed to contact myself, [redacted], via phone in which she did at 2:39pm.

At such time, she indicated the date of purchase, whom purchased such and that she did not have said gift certificate (possibly lost) and wanted to make an appointment. I informed Ms. [redacted] of our TOS, gift certificate policies and that any/all recipients are solely responsible for lost, stolen and/or damaged gift certificates, but to please allow time for my return to office to validate such gift certificate and expiration. She then stated I would be receiving a call from her Son, [redacted].

I received an obtrusive phone call from [redacted] on September 30, 2014 at apx. 2:45pm. I reiterated the reply given to Ms. [redacted] and that I would gladly contact him back after my return to office.

I contacted Mr. [redacted] on September 30, 2014 at apx. 4:45pm, informing him that I located such gift certificate in question. The conversation consisted of all mentioned above and instructed that even if such gift certificate was extended (in good faith) for an additional 6 months (past expiration) at 50% of said value, such would still have expired on May 11, 2014.

While we apologize to the consumer, we will not alter nor modify our TOS and/or Gift Certificate Policies at this time.

Consumer

Response:

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.

The only resolution I will consider will be full refund. I will waive the use of my money by said company and any interest earned. I paid up front and company never provided services paid for and even expressly refused at the point of redemption of certificate. Company never disclosed at the time of purchase that purchase would not be valid after a period of time. Company disclosed after the sale and after the fact by sending dated certificate. Company should either refund in full or provide services already paid for. Keeping the money already paid with no service rendered is not an option or even considered ethical business conduct under VA law.

The gift certificate paid in advance under VA Law is valid up to five years unless redeemable in services, see below:

Va. Code §59.1-530

"Gift certificate" or "certificate" means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit, or money of at least an equal value, including any electronic card issued by a merchant with a banked dollar value where the issuer has received payment for the full banked dollar value for the future purchase, or delivery, of goods or services and any certificate issued by a merchant where the issuer has received payment for the full face value of the certificate for future purchases, or delivery, of goods or services

Va. Code §55-210.8:1

A gift certificate or credit balance issued in the ordinary course of the issuer's business that has remained unclaimed by the owner for more than five years after becoming payable is presumed abandoned, unless redeemable in merchandise, in services, or through future purchases.

Regards,

Business

Response:

Customer initially states in complaint that gift card was purchased online, then states such was 'purchased for Mother by calling'.Customer also states gift card was purchased for the dollar amount of $200.As previously mentioned, customer purchased said gift certificate online, via www.smlmassageandspa.com, on 05/11/2013 04:12am for the following services: Mommy's Time Out (Dermabrasion, Facial, Foot Wrap, Mani, Massage )$129.00Gratuity$25.80_________Total$154.80.Such gift certificate was not purchased for a dollar amount nor for the amount indicated in complaint.The gift certificate was then automatically e-mailed to the recipient, [redacted], and was picked up by such person on 05/13/2013 05:05pm.Such gift certificate clearly states an expiration date of November 11, 2013 which was made known to recipient on the day she retrieved such via e-mail.In conjunction to such, the consumer, [redacted], was directed through our website initially where our TOS is viewable under the tab marked 'Info & Policy'. Our TOS is listed on our website and can be viewed at [redacted] and [redacted]Our Gift Certificate Policy states the following:Gift Certificates are available in any denomination and can be sent out anywhere. Gift Certificates have a six month expiration date which will not be extended, are non-refundable, non-transferable and may not be altered or modified. Gift Certificates may not be combined with other gift certificates or with any other offer, special or discounted service. Gift certificates may not be used on current specials, promotions and/or daily deals. Gratuity is not included unless specified. Please present your gift certificate before services are rendered.Recipient, [redacted], arrived at our Salon on September 30, 2014 at 2:30pm and was instructed to contact myself, [redacted], via phone in which she did at 2:39pm.At such time, she indicated the date of purchase, whom purchased such and that she did not have said gift certificate (possibly lost) and wanted to make an appointment. I informed Ms. [redacted] of our TOS, gift certificate policies and that any/all recipients are solely responsible for lost, stolen and/or damaged gift certificates, but to please allow time for my return to office to validate such gift certificate and expiration. She then stated I would be receiving a call from her Son,[redacted].I received an obtrusive phone call from [redacted] on September 30, 2014 at apx. 2:45pm. I reiterated the reply given to Ms. [redacted] and that I would gladly contact him back after my return to office.I contacted Mr. [redacted] on September 30, 2014 at apx. 4:45pm, informing him that I located such gift certificate in question. The conversation consisted of all mentioned above and instructed that even if such gift certificate was extended (in good faith) for an additional 6 months (past expiration) at 50% of said value, such would still have expired on May 11, 2014.Due to the extenuating circumstances of this complaint, we will honor such gift certificate only for the services stated on such certificate and only to the person whom is listed as the recipient.

Business

Response:

Thank you for such information on CARD Act. Please review the following exclusions;Cards Issued in Paper Form OnlyThis exclusion applies when the only means of issuing the card, code, or other device is in paper form.21 For example, the exclusion would not apply if a bar code or certificate number is provided to the consumer in electronic format and can be reproduced in paper form because the information necessary to redeem the value was initially issued to the consumer in electronic form.Loyalty, Award, and Promotional Gift Cards

Loyalty, award, and promotional gift cards are typically not funded by the consumer but by the entity sponsoring the card program. To qualify for the exclusion, the card must meet three requirements. It must 1) be issued on a prepaid basis primarily for personal, family, or household purposes to a consumer in connection with a loyalty, award, or promotional program; 2) be redeemable at one or more merchants for goods or services, or it can be used at an automated teller machine; and 3) make certain disclosures. To facilitate compliance, comment 20(a)(4)-1 provides seven illustrative (but not exhaustive) examples. Due to the ongoing nature of this complaint, we will honor such gift certificate only for the services stated on such certificate and only to the person whom is listed as the recipient ([redacted]).

Consumer

Response:

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,

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Description: DAY SPAS

Address: 400 Scruggs Road, Moneta, Virginia, United States, 24121

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www.smlmassageandspa.com

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