• Report: #1028578

Complaint Review: Labgenix

  • Submitted: Thu, March 14, 2013
  • Updated: Thu, March 14, 2013

  • Reported By: smallbizrunner — Grand Rapids Michigan United States of America
8677 Villa La Jolla #1231 La Jolla, California United States of America

Labgenix Environmental Resources, Inc. Incredibly Shady and Elusive "Terms and Conditions," possibly bait and switch which is ILLEGAL. La Jolla, California

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I ordered a product from Labgenix based on an internet search and advertisement for a "Free Trial" bottle of supplements. Upon entering my credit card and shipping information, I was prompted to check a box that stated,  "I am 18 years of age or older, and I agree to the Terms and Conditions [sic]." There is no link to read the "Terms and Conditions" (I looked) and absolutely nowhere does the website indicate the free sample is actually a 14-day trial period. There is also no mention of the consumer's authorization to be charged the full price of the sample after 14 days, and no mention of consumer authorization to be placed on auto-ship (which then charges the credit card on file a ridiculous monthly fee). The consumer does not receive an order confirmation email with any "Terms and Conditions" nor company contact information. The consumer is never informed that "Terms and Conditions" will arrive with their free sample.

I received my free sample and I promptly put it in a cabinet where it has sat for the past three months. I then, unbeknownst to me because I didn't open the packages, received 3 more bottles. The reason for the unopened packages is that I work in the field of healthcare, specifically nutrition, and am constantly receiving samples of supplements from companies wanting me to sell them, so they often get thrown in a drawer until I throw them out.

On March 12, 2013, I was going over my bank statements and noticed I had 4 charges from this company that I did not consciously authorize. One charge was for $79.95, and three were for $69.95.

On March 13, 2013, I contacted the company and furiously demanded my money be refunded. I was told that I had agreed to the Terms and Conditions upon checkout and they would not refund all my money; they agreed to one month's refund. They refused to give me the company's owners' full names. They provided me with only one first name, and of course, she was out of the office. I was told I would be receiving a confirmation email canceling my account and authorizing the return of one bottle within minutes of my phone call. I spoke to customer service at approximately 4:30 EST. As of 11:40 EST on March 14, 2013, I have yet to receive an email (and yes, I've checked my spam folder). Upon further investigation of my unopened packages, I discovered that, in what looks to be a packing slip, there is a folded piece of paper that says "Terms and Conditions." "Terms and Conditions" is written in tiny font underneath the company's name and address. I have not bothered to open the document as, at this time, I believe it's a moot point. I firmly believe this is a form of bait and switch and is illegal.

I have filed a complaint with the San Diego Better Business Bureau (with which the company has an "F" rating and the majority of complaints similar to mine).  I have also filed a report with the FTC.  The only solution I will accept is for Labgenix to refund me $290.  I will gladly ship all the bottles back at my expense. 

This report was posted on Ripoff Report on 03/14/2013 08:53 AM and is a permanent record located here: http://www.ripoffreport.com/r/Labgenix/La-Jolla-California-92037/Labgenix-Environmental-Resources-Inc-Incredibly-Shady-and-Elusive-Terms-and-Conditions-1028578. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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