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-   -   If It is legal to get refund when signing for a tanning package (https://www.askmehelpdesk.com/showthread.php?t=645734)

  • Mar 24, 2012, 08:57 AM
    Mar5jul
    If It is legal to get refund when signing for a tanning package
    Yesterday I signed for a tanning package that stated on the contract that there were no refunds and sales were final. I feel I have buyers remorse and would like to void this purchase. It is a monthly payment that I bought for a year. Don't I have 3 days to cancel this purchase even though it stated no refunds?
  • Mar 24, 2012, 09:28 AM
    JudyKayTee
    Without knowing where you are and whether you signed in your home or at the place of business it is impossible to give you a 100% answer.
  • Mar 24, 2012, 09:30 AM
    Mar5jul
    Refund on contract?
    Don't I have 3 days to back out of a contract I signed for a year? I bought a tanning package and now I have buyers remorse.
  • Mar 24, 2012, 09:34 AM
    Mar5jul
    I'm in the state of Oregon and I signed a contract at there place of business in a tanning salon for a year of automatic payments from my checking account. I have buyers remorse, and I signed yesterday, don't I have 3 days to cancel?
  • Mar 24, 2012, 09:37 AM
    Mar5jul
    Cancel document legally ?
    By Mar5jul on 03/24/12 at 09:34 am
    I'm in the state of Oregon and I signed a contract at there place of business in a tanning salon for a year of automatic payments from my checking account. I have buyers remorse, and I signed yesterday, don't I have 3 days to cancel?
  • Mar 24, 2012, 09:44 AM
    ballengerb1
    That grace period normally only applies to sales like door to door salesmen. In this case there was no "pressure to buy" you went to them. However, Oregon law does give you 3 days to cancel this type of contract How ironclad is that consumer contract? | OregonLive.com It may be helpful to have a copy of this law in hand when you cancel and cancel in person.
  • Mar 24, 2012, 09:48 AM
    ballengerb1
    Mar, no need to open a new post, you have more than one on this question. Just always dro down to the Answer this question box and type what you want to say. I have given you an answer on you other post.
  • Mar 24, 2012, 10:10 AM
    Fr_Chuck
    All posts either merged or deleted if dup.

    No you do not have 3 days to cancel a contract, that is a myth. On many contacts signed in your home by a salesman who just shows up. ( but even limits there) Most of these contacts are sold to banks or finance company, so you will find yourself owing a third party.
  • Mar 24, 2012, 10:42 AM
    ballengerb1
    Chuck, open the link I provided. Pretty sure Oregon gives the 3 day grace for this type of contract. Let me know if I misunderstood the law.
  • Mar 24, 2012, 11:04 AM
    AK lawyer
    Quote:

    Originally Posted by ballengerb1 View Post
    Chuck, open the link I provided. Pretty sure Oregon gives the 3 day grace for this type of contract. Let me know if I misunderstood the law.

    Could be, but the link you found doesn't say it. Closest thing is this:

    "The health club laws in Oregon and Washington allow consumers to cancel contracts with varying amounts of refunds if a company closes its gym and doesn't offer a nearby alternative. In Oregon, contracts can be canceled if no comparable facility owned by the same company is within five miles of the customer's home or the gym that closed. In Washington, contracts can be canceled if no alternative is within 10 miles."

    One would have to look up Oregon statutes on the subject.

    This seems to apply:
    "646A.034 Contracts; contents. A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time the buyer signs the contract. The contract must contain all of the following:
    ...
    (5) A provision for cancellation of the contract:

    (a) If the buyer dies or becomes physically unable to use a substantial portion of those health spa services used by the buyer from the date of the contract until the time of disability. The contract may require that disability be confirmed by an examination of a physician agreeable to the buyer and the health spa.

    (b) If the health spa goes out of business.

    (c) If the health spa moves its facility closest to the residence of the buyer on the date of the contract to a location more than five additional miles from that residence.
    ...
    (7) A provision under a conspicuous caption in capital letters and boldfaced type stating:

    __________________________________________________ _______

    [
    B]BUYER’S RIGHT TO CANCEL[/B]

    If you wish to cancel this contract, without penalty, you may cancel it by delivering or mailing a written notice to the health spa. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to: _________(insert name and mailing address of health spa). If you cancel within the three days, the health spa will return to you within 15 days all amounts you have paid."

    "646A.030 Definitions for ORS 646A.030 to 646A.042. As used in ORS 646A.030 to 646A.042, unless the context requires otherwise:

    ...
    (4) “Health spa” means any person engaged, as a primary purpose, in the sale of instruction, training, assistance or use of facilities that are purported to assist patrons in physical exercise, weight control or figure development. The term also includes any person engaged primarily in the sale of the right or privilege to use tanning booths, ... "

    It appears to me that OP's contract is illegal. I would send the notice as provided above, certified mail. And deliver it too, for good measure. And be sure to do it within the three days.
  • Mar 24, 2012, 11:44 AM
    AK lawyer
    Quote:

    Originally Posted by Mar5jul View Post
    ...automatic payments from my checking account. ...

    Oh. That might be a problem. Talk to your bank about how to stop them from taking it out of your account. You may have to close the checking account and open a different one.
  • Apr 4, 2012, 01:15 PM
    Mar5jul
    Thanks for all the advice. I did all that was advised to me,i.e. wrote a letter of I intent to cancel membership within the 3 day grace period and hand delivered it. I also sent one certified. I called my bank who advised me to cancel my debit card. I also visited my bank branch and they refunded my money after I told them of what all I did to cancel membership. The salon did not give me a copy of the contract, so therefore the bank considered it nonexistant. I had asked for a copy at the time of sale. I also talked with a manager at a reputable medical and tanning spa who also Collaborated that the Oregon law states that u have to give a 3 day grace period to cancel a membership.
    I have since then received a free elite membership from that spa to bring me into there salon for business.
    Now that is how you treat new clients!
  • Apr 4, 2012, 01:34 PM
    JudyKayTee
    Quote:

    Originally Posted by Mar5jul View Post
    Thanks for all the advice. I did all that was advised to me,ie, wrote a letter of I intent to cancel membership within the 3 day grace period and hand delivered it. I also sent one certified. I called my bank who advised me to cancel my debit card. I also visited my bank branch and they refunded my money after I told them of what all I did to cancel membership. The salon did not give me a copy of the contract, so therefore the bank considered it nonexistant. I had asked for a copy at the time of sale. I also talked with a manager at a reputable medical and tanning spa who also Collaborated that the Oregon law states that u have to give a 3 day grace period to cancel a membership.
    I have since then received a free elite membership from that spa to bring me into there salon for business.
    Now that is how you treat new clients!


    I'd read the small print - these contracts can be very deceiving.

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