The Better Business Bureau and New York State Div of Consumer Affairs failed to solve this problem over the course of 1999. They recommended small claims court, stating they could go no further than to document the complaint and request the spa to credit my visa account.
Over the telephone, I arranged a gift certificate for my wife in Oct 1998 for a "day at the spa". The charge on my Visa card was $620.
My wife never used the service at all.
My wife Donella called the spa so the $620 would be credited back to my visa account.
Patricia French at Gazelle stated (back then) that the books were closed and therefore "no refund is possible."
We did not receive the spa services therefore the charge made against my credit card should be deleted.
I contacted the Div of Consumer Affairs and Better Business Bureau. Letters went back and forth but the spa said they would not remove the charge against my credit card.
In 1999, in answer to complaints the spa changed from "the books are closed" to "we have a no refund policy. But in their brochure, which I responded to, there is no mention of "no refund". The gift certificate was arranged over the telephone. There was no mention of "no refund" over the telephone. The gift certificate arrived in the mail. There is a "no refund" printed on the gift certificate. This was the only indication of the policy made to me AFTER my Visa was charged. Also, no monetary amount is on the gift certificate, instead it lists services to be provided.
I would appreciate a fair review from you.
My compliant is against
509 Madison Avenue
New York NY
7 Tompkins Street
West Orange NJ 07052
973.226.2900 ext 246 work
Thank you again
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