Swing Jacket

The customer has done a good job of summarizing the situation.  Our marketing materials do offer instruction from our golf staff.  The customer did send us video of his swing for our instructor to review.  Unfortunately, our instructor did respond to the customer as fast as the...

customer wished.  The customer became impatient and elected to return the product to us.  We have received the product and have issued a full credit of the amount paid by the customer - as promised by the terms and conditions of our sale.The customer suggested we should pay the cost of return shipping because he did not get the instruction promised in the time frame the customer expected.  The customer understood that return shipping expense was his responsibility should he decide to return the product.  Given that the customer preempted us from fulfilling that portion of the agreement and given there is no assurance the customer would not return the product were he to get the instruction we have chosen not to pay the return shipping costs.In summary.  The terms and conditions of the purchase are very clear that return shipping expense is the customers responsibility.

The customer has done a good job of summarizing the situation.  Our marketing materials do offer instruction from our golf staff.  The customer did send us video of his swing for our instructor to review.  Unfortunately, our instructor did respond to the customer as fast as the...

customer wished.  The customer became impatient and elected to return the product to us.  We have received the product and have issued a full credit of the amount paid by the customer - as promised by the terms and conditions of our sale.The customer suggested we should pay the cost of return shipping because he did not get the instruction promised in the time frame the customer expected.  The customer understood that return shipping expense was his responsibility should he decide to return the product.  Given that the customer preempted us from fulfilling that portion of the agreement and given there is no assurance the customer would not return the product were he to get the instruction we have chosen not to pay the return shipping costs.In summary.  The terms and conditions of the purchase are very clear that return shipping expense is the customers responsibility.

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.  Please review the below email excerpts (the entire originals can be sent if needed) - I believe the emails and the summary following the emails will clearly explain why a refund for return postage is due to me.....

1) 4/11/15- sent videos for review per email from W[redacted]2) 4/16/15 - response from W[redacted] ( Swing Jacket President)Hi [redacted]  Just returned from a trip to Asia.  Did not want to try to forward your messages usingthe hotel’s unsecured web service.Will send these on to Dave today.  He’ll reach out to you within the next few days to set up a timeto chat. Thanks Bill W[redacted]PresidentSwing Jacket, a division of TheUltimate Swing Teacher Inc.[redacted] Phoenix, AZ, 85076Office:  480-940-7373Toll Free: [redacted]3) 4/24/15 followup to W[redacted] - replay follows I did receive them.  Dave has them but they’ve had a flood in their brand new club house that has takenhim off his normal day to days.  Perhaps he’ll get to it this weekend.4) 5/8/15 - no response from Swing Jacket - my email to W[redacted]; It’s now been two weeks since we lastcommunicated about this. It appears Dave is quite busy and I understand that,but since we can’t seem to have the swings reviewed, I’ll pack up all thematerials over the weekend and return them via your RMA 206 on Monday, for thefull refund per the warrantee5) 5/13/15 - response from W[redacted] -Hi [redacted]  Sorry I did not respond to your earlier message.  The reason Dave has not contacted you ismy fault.  He was not able to open the e-mail I sent to him because thefiles were too large.  I have been trying to set up a Dropbox location forhim to pull them all down but had to purge other files first… No excuse.6) 5/20/15 my response to W[redacted] -Hi Bill – I delayed the return due to your note below – and per your previous emails, the “warranty period” is“extended”, as this time to actually have the review/lesson with Dave does notcount against the 90 day return period. In any event, it is now another weeksince we have communicated and still no contact from Dave. I will hold thereturn a short while longer, since we are still well within the 90 day returnperiod; however, if we do not hear soon from Dave, with advice that willsupport the use of the Swing Jacket, I will be obligated to return it.7) 5/20/15 response back from W[redacted]-Hi [redacted]  Thanks for your note.  I spoke with Dave on the weekend and I’m hoping he’ll reach out toyou in the next day or so.8) 5/29/15 my response to W[redacted] - Hi Bill- Well… another 10 days has now come and gone with NO swing review. It is quite disappointing that the reviewis promoted as part of the program, you have stated at least four times (inemails) that Dave will be in contact “soon” – and yet we are never contacted…….I have taken it to the local UPS store today. Even though you indicate the return is at “my expense”, I feelstrongly, due to all the issues around the swing reviews, that I should NOThave to incur this expense- who knows, perhaps IF Dave had worked with us, wemight have found a solution to our swing problems and then would not have hadto even return this…. But that never happened. I found the return UPS charge to be ridiculous, but I was at the store and I did not want to make extra trips toreturn this- the charge was $23.15 for ground delivery..!!I I ask that youconsider adding this expense to my refund based upon ouremails/discussions/unfortunate failure to provide an advertised portion of theprogram. Best to you – the tracking number is [redacted]

9) 5/29/15 response from W[redacted] - Hi [redacted]  I understand and share your frustration.  I guess we need to get another instructor. This is BS.  I spoke to Dave about this several times and was assured hewould call.  I am sorry.  Bill W[redacted]President10) 6/17/15 - Second email from me to W[redacted] after return - HI Bill – I sent this to your “admin” email and never heard back so I thought perhaps I should send it directly toyour attention. I realize the request for return postage might be “unusual”,but the non-fulfillment of the agreement regarding lesson support is thejustification for the refund of the return postage. Scott Maher11) emails to/from W[redacted] -Hi Bill- Actually, I am disappointed in your answer and logic. As the advertised program was not completely fulfilled,this could be considered as “false advertising” and/or breach of contract. I wish you well but you might be wise to consider all potential ramifications…. [redacted] From: Bill W[redacted] [mailto:[email protected]] Sent: Wednesday, June 17, 2015 10:33 AMTo: [redacted]Subject: RE: Refund for Swing jacket return Hi [redacted]  Thanks for your note.  Sorry I didn’t see the earlier one. We are not able to issue you a refund greater than the amount initially charged.  The US gov’t considersit money laundering. Candidly, I’m still expecting Bisbee to call you.   You would have had to pay the return postage regardless. Bill W[redacted]PresidentI believe the above speaks to the issue quite clearly. It was NOT simply that I was "impatient" - W[redacted] promised & promised & promised the swing reviews- and then always came up with "excuses" as to why the stated part of the program I purchased was not "happening".....then W[redacted] states that this non response is BS..!!?? IF the program had been fulfilled as advertised , maybe (?) W[redacted] would have a basis to claim that I should pay for return postage. As it is he wants it both ways - to NOT fulfill the program he has advertised and the to NOT pay me to return this, once he has breached the agreement....??!! From the time I sent the videos to him until I returned them, a period of WEEKS had passed - and numerous promises of contacts/swing reviews that NEVER OCCURRED!! AS I stated, I think he should be glad to be avoiding False Advertising charges (that could change...). Lastly, I find it ironic; I was recently sent a "new solicitation" for this same product from Swing Jacket..?? A quick look at the ad they sent shows a "change" - they no longer guarantee the swing reviews- find that most interesting.....

Regards,