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Report: #513721

Complaint Review: Cleanwhites - Miami Florida

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  • Reported By: YellowTeeth — Other USA
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  • Cleanwhites 300 NE 62nd Street Miami, Florida United States of America

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I fell for this scam too.  My first clue that something was shaky was when my credit card company called me during the application process (an automated call) to verify the charges.  Obviously they are getting wise to this scam also.  I signed up with Cleanwhites and DazzleSmile 5 days ago.  They each charged my card for the shipping, but so far I havent received anything in the mail, and I bet I never do. 

 

Fortunately I checked Google to find this was all a scam.  I immediately called my credit card company and cancelled my card.  If anyone who reads this hasnt done that yet, let me tell you its the only way youre going to keep these slimeballs from piling on the charges.  Its easy to do, takes less than 5 minutes, and in case anybodys wondering youre NOT cancelling  or closing your credit card account, just your current credit card number.  Ill have a new card within 5 business days at the same terms and conditions, nothing changes regarding your account except the number.

 

I called both numbers the next day to cancel.  It took 2 calls and a total of 55 minutes of sitting on hold before anybody answered.  DazzleSmile gave me a return authorization number and an address to return the product to.  But Cleanwhites just kept telling me they were going to e-mail me a UPS return label and I had to use that, and that they were going to charge my card $6.99 for as a return shipping fee.  I never agreed to a return shipping charge and its not in the Terms and Conditions.  I told the operator I just wanted the correct address to send the product back, and she refused to give it to me. 

 

 

Im mad just like everyone else, but here is the must read part:  regardless of how deep you are into this scam, there is simply nothing to worry about.  The only money you are going to lose is the initial shipping charge (in my case it was only $1.49 and $0.99 because I used the promotional codes in CNNs ad.  Im not a lawyer, so I cant give legal advice.  But I am the owner of three businesses and as such I know enough about contract law to be totally unworried myself.  Ill tell you why and you can decide for yourself if you agree with what Im saying.

 

Again, you should immediately cancel your credit or debit card number in 5 minutes you can take away the one and only tool these thugs had to make your life more miserable. 

 

During the process of canceling your card number, you will be asked to verify any recent charges you have made.   I answered Yes to every charge I made up to this point, INCLUDING the Cleanwhites initial Shipping charges.  I know that money is history, and there is nothing I can or should do about it.  After all, I did agree to pay the $1.49 and $0.99.  Although I dont like it that these scumbags got that money, it is the only money they will ever see from me, and I look at it as my punishment for not checking this deal over more closely before I jumped on it.  You will want to dispute any further charges from these slimeballs though, even if you did receive the trial product or the next shipment.  By disputing the charges, all you are doing is putting a hold on the money being sent to the these jerks, long enough for the credit card company to make their investigation.  Believe me when I tell you, the card company is on YOUR side this time.  They will do anything necessary to eliminate card fraud, whether they like you or not.  You wont have to pay any of these disputed charges at least until after the card company is finished investigating, and they cant charge you interest unless they find the charge is legit (which they wont).

 

This con works because the con artists are banking on you feeling like youve gotten yourself into something that is ironclad, water-tight, no way out.  They play on these fears even more so by being incredibly polite on the phone, because decent people like all of us are quite often easily disarmed by politeness and simple courtesy.  They also know that decent people wont usually be demanding when it comes to their rights, which their entire scheme is set up to trample all over.  Although they are polite, anybody you talk to is already fully aware theyre participating in and party to a scam.  The message here is getting yourself out of this does not have to include you feeling sorry for anybody on their side, nor are you going back on any reasonable or legitimate agreement. 

 

Take a look at all of the other reports here on these slimeballs.  You will notice identically worded rebuttals to each one from some minion in their scheme, basically saying that their terms and Conditions have you locked in to paying these ridiculous charges.  All I can say to the person writing these rebuttals is that your boss is running an illegal fraud game, and you are an accessory to that fraud by virtue of writing these rebuttals.  If I were you Id grab your lunch bucket and get as far away from those thugs as you can.  Then do yourself a favor and get a real job.

 

 

OK, heres why I say there is nothing to worry about.   First, the law is on our side.  Second, the very device that these scam artists are trying to worry us with and keep trying to hide behind, the Terms and Conditions is also their downfall.  Here is the exact wording of these terms, taken directly off the Cleanwhites website:

 

Cleanwhites Terms and Conditions  - Start your RISK-FREE Trial today and we will send you a full 30-day supply of the Cleanwhites Advanced Teeth Whitening System.  Just pay $5.95 shipping and processing.  You will have 14 days to try the Cleanwhites Advanced Teeth Whitening System and discover why it is the teeth whitening system for you.  If you like how our system lightens the shades of your teeth, do nothing at the end of your free-trial period you will be charged the discounted price of $79.95.  If for any reason the system is not for you, call Cleanwhites Customer Care toll-free at 877-292-6892 within your 14-day free trial period to cancel.  Then simply return the product (even if it is empty) and you will NEVER be billed for the product.  No commitments, no hassles.

 

Plus, if you decide to keep the Cleanwhites Advanced Teeth Whitening System, you will receive FREE acceptance in Cleanwhites Elite and will receive a fresh supply of  Cleanwhites approximately every 30 days at the same low price of $79.99, a 22% discount.  You can cancel anytime by calling Cleanwhites Customer Care.  No risk, no obligation, cancel anytime!

 

 

This entire scam is based on a retail contract that two parties, the seller and the buyer, enter into, governed by a set of Terms and Conditions which are the basis of the entire agreement itself.  A retail contract can consist of virtually any stated set of Terms and Conditions the buyer and seller agree on, but contract law in this country enforces guidelines and rules about those terms and conditions.  The terms and conditions above actually lay out two individual contracts, connected by a 14-day timeline. The first contract is the 14-day Free Trial which has to be completed by both parties before the second one, the subsequent automatic shipments can go into effect.  These two individual contracts are separated by the paragraph space in the Terms and Conditions. 

 

The terms and conditions in the first paragraph are the ENTIRE agreement between the parties, and contains the ONLY terms and conditions that the parties are have agreed to.  Noticeably missing in these terms and conditions are the $6.95 return shipping fee that the scammers left out of the terms and try to add later.  The terms clearly state that the buyer has 14 full days to try the sample shipment for free.  Thus, the condition that you have to call and cancel within the 14-day period conflicts with the full 14-day trial actually makes your right to use the entire 14 days for free impossible.  They cannot do that you cant set conflicting conditions or include a condition that makes any other condition impossible to adhere to.  No court in the land would uphold those terms, any judge would throw the case out instantly with conflicting and the impossibility trap built into them. 

 

Further, they start the 14 day trial period on the day you place your order, not the day you receive the sample.  By their own definition, you will have 14 days to try the (product)

However, because they havent delivered the product yet when they start the clock, they are immediately in material breach of the contractCleanwhites is actually the first to default here as they have failed to put the product in my hands before starting the clock.

 

A material breach of contract gives either party the right to cancel the entire contract (both contracts in this case because they are connected by the time line) immediately unless both agree to accept the breach, which I dont agree to and I doubt anyone else would.  All that is required  to cancel the contract under a material breach is to notify the other party in the most expedient way (verbally by the phone call I made to Customer Service), and follow my notification up in writing to the last known address of the other party by First Class Mail.  I am going to send my notification by registered mail with a proof of delivery receipt requested.  The post office will ask the recipient sign for my letter, and if they wont it doesnt matter because they are the ones refusing to accept it, which will be noted on the receipt.

 

Cleanwhites doesnt publish an address to return the trial product to.  Thats intentional.  When you call to cancel the trial and stop the automatic shipment from happening, they refuse to give you the address, telling you that they will send you a UPS Label to send the product back with.  Then they tack on the $6.99 return shipping fee that was not part of the Terms and Conditions.  All their Terms and Conditions establish is that I have to simply return the product, even if empty.  Nothing in the terms and conditions says that I have to return the product via UPS or use their label.  They are attempting to make it look like they are giving me a UPS call tag, which is a voucher issued by UPS and paid for by the recipient of the shipment to enable the sender to send the product back free of charge.  I guess the logic is that the consumer will think Gee isnt that convenient and will fool themselves into thinking that it will cost 6 or 7 bucks to ship the product back anyway.  Not true - the sample was supposedly to be sent to me via First Class Mail.  It is totally reasonable then, for me to send the product back by First Class Mail, at my expense of an envelope and a First Class stamp, instead of an inflated $6.99 fee which I never agreed to in the first place.  Simply put, unless Cleanwhites is paying for the return shipment, they cannot mandate a certain carrier First Class mail is they method they ship by, and as such is a perfectly acceptable method of return.  Anything contrary to this has to be disclosed at the time of sale in the terms and conditions, and its just plain not there.

 

Ive already informed them by phone that Ive cancelled the contract.  As soon as I send my notification letter to them cancelling the contract due to their material breach, Im totally done with this issue.  Im waiting to see if the sample ever arrives, and if it does, Ill enclose it with the cancellation letter.  They have no method of charging any more to my closed credit card.   If they try to call me on the phone, Ill simply hang up.  If they try mailing me an invoice for the $6.99 return shipping fee Im simply tossing it in the trash. Bottom line, for them to even have a prayer of collecting one additional cent, theyre going to have to use the system and challenge me in court.  Im not worried in the least that it will ever get that far, because they would have to bring their entire cockeyed scheme into court as a matter of record to even get a ruling.  As crooks to start with, I highly doubt any of them wants to be seen within ten miles of a courthouse, for $6.95 or $79.95 or even a bunch more than that.

 

So, Cleanwhites, listen up I know my rights, and Im all done with you.  Ive revoked your access to my credit card, and I am simply not going to pay you anything more than the $2.47 you got.  If you think your Terms and Conditions entitle you to anything else, tell it to a judge or a jury, because unless they order me to, Im not budging.

 

So, is anybody else worried?  I hope not.  Thats why I took the time to write this.  The Dazzle Smile scam is the same deal, but they do at least give you an address to send the return to.  You should send the stuff back if you cancel, but once you cancel theres really nothing else to this scam unless you let it bother you.            

This report was posted on Ripoff Report on 10/23/2009 08:00 AM and is a permanent record located here: https://www.ripoffreport.com/reports/cleanwhites/miami-florida-75025/cleanwhites-dazzlesmile-breach-of-contractmust-read-if-you-fell-for-this-too-read-513721. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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5Consumer
0Employee/Owner

#8 General Comment

PO'D

AUTHOR: PO''d - (United States of America)

POSTED: Thursday, December 10, 2009

Thanks for such an exhaustive report. I have a report filed on 12-10-09 around 7:45 AM.I was lucky to find out about it before Cleanwhites charged my card. Didn't find out about Denta White Kits which I believe is in cahoots with Cleanwhites because they were the dynamic duo on cathys blog.


Good old soccer mom advertisement. She really got to me and being from the same city was the one two punch for me. I cancled my credit card and already have the 92.37 charged from Denta White Kits under investigation I'm with PNC Bank and this happened to me before and all I had to do was fill out a few forms and that was that. People worry about way too much like you said.PNC don't take no bull!


I will take your advice and put it in an envelope and thats it. My bank told me if it costs you one penny to send it back don't. I don't know if thats sound advice or not.


Thanks again for your report. Its people like you who take the time, for me made all the difference in the world with any anxiety issues I might have had. The fact that Cleanwhites sends this stuff thats supposed to be sterile in unsealed bags is what I,m taking to the health department and I will update my report with that info. I can't believe noone has noticed that. Thats against the law and I think I need a lawyer to sue?  PO"D 

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#7 UPDATE Employee

Hello,

AUTHOR: LindaCossitt - (United States of America)

POSTED: Monday, December 07, 2009

Hello,

If there was some confusion about your subscription, we honestly didn't mean to inconvenience you in any way.  Our goal is not to inconvenience our customers .The terms and conditions of our offer are very visible on the order page, they are stated on the order page where you confirm your order, located directly to the top of where your credit card information was entered. There is also a link at the top of the home page that opens up the terms and conditions in a separate window. Customer service is our number one priority and we do everything we can to be open with all of our customers. Of course, mistakes can be made; and if you were not aware of our terms and conditions in our site.

You can talk to customer support seven days a week. Our U.S.-based help lines are also staffed each and every day of the week to respond to any questions you may have both before and after your order. Simply call us at 866-989-8949 and we will be happy to walk you through the entire cancellation process.You can contact us via Email also using this Email ID: support@wuyisource.com

Your satisfaction is our number one concern,

Thanks,

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#6 Author of original report

Canned Replies - A Waste of Space

AUTHOR: YellowTeeth - (USA)

POSTED: Monday, November 16, 2009

Falon Taylor...Tammy Lance...Bugs Bunny...Elvis Presley...Porky Pig...Jim Shoes... Ben Dover...Gomer Pyle...Barney Fife, and whoever else...

These canned responses are a waste of space, laughable, and as fraudulent as the entire Cleanwhites/DazzleSmile/Healthcleans scam artist nest in Cypress is.  Pure garbage, written by someone who either can't get a real job or has decided to live by ripping people off.

 

Why don't you just give it up and get a real job?  Everyone's on to your scam, do us all a favor and drop dead...or sit and wait for the Feds to come get you.  

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#5 UPDATE Employee

Hello,

AUTHOR: Falon Tylor - (United States of America)

POSTED: Monday, November 16, 2009

Hello,

If there was some confusion about your subscription, we honestly didn't mean to inconvenience you in any way.  Our goal is not to inconvenience our customers .The terms and conditions of our offer are very visible on the order page, they are stated on the order page where you confirm your order, located directly to the top of where your credit card information was entered. There is also a link at the top of the home page that opens up the terms and conditions in a separate window. Customer service is our number one priority and we do everything we can to be open with all of our customers. Of course, mistakes can be made; and if you were not aware of our terms and conditions in our site, we are happy to offer you a full refund if you return the unused product back to us. We have always honored our 30-day guarantee and will continue to do so.

You can talk to customer support seven days a week. Our U.S.-based help lines are also staffed each and every day of the week to respond to any questions you may have both before and after your order. Simply call us at 888-948-5508 or visit our 24/7 live help at http://www.dazzlesmilepro.com/contactus.php and we will be happy to walk you through the entire cancellation process.

Your satisfaction is our number one concern,

Thanks,

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#4 UPDATE Employee

Hello,

AUTHOR: Tammy Lance - (USA)

POSTED: Tuesday, October 27, 2009

Hello,

If there was some confusion about your subscription, we honestly didn't mean to inconvenience you in any way.  Our goal is not to inconvenience our customers .he terms and conditions of our offer are very visible on the order page, they are stated on the order page where you confirm your order, located directly to the top of where your credit card information was entered. There is also a link at the bottom of the home page that opens up the terms and conditions in a separate window. Customer service is our number one priority and we do everything we can to be open with all of our customers. Of course, mistakes can be made; and if you were not aware of our terms and conditions in our site, we are happy to offer you a full refund if you return the unused product back to us. We have always honored our 30-day guarantee and will continue to do so.You can talk to customer support seven days a week. Our U.S.-based help lines are also staffed each and every day of the week to respond to any questions you may have both before and after your order. Simply call us at 888-948-5508 or visit our 24/7 live help at http://www.dazzlesmilepro.com/contactus.php and we will be happy to walk you through the entire cancellation process.

Your satisfaction is our number one concern,

Thanks,

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#3 Author of original report

Con Originates in Cypress, More Info..

AUTHOR: YellowTeeth - (USA)

POSTED: Saturday, October 24, 2009

Two things happened today (October 24)  I received both the Cleanwhites "free" trial and the DazleSmile "free" trial in the US mail.  They are using "UPS Mail Innovations" for shipment, which I gather is a delivery service contracted from UPS by the post office.  I also contacted my credit card company (Bank of America) and had a good long conversation with them.  More on that below, see "Offshore Company"


The DazzleSmile sample came with a bunch of garbage advertisements promoting the product, but no instructions or additional terms and conditions as to how to return the product.  There was also no information in the package as to when my 14-day "free" trial was supposed to end.


The return address on the shipping label is:


DazzleSmile, 22100 E 26th Avenue #100, Aurora, Colorado 80019


The Cleanwhites shipment came with an "Order Receipt" in the box.  The return address on the label is:  Cleanwhites, 300 NE 62nd Street, Miami, Florida 33138.  I ordered the sample on October 19, it arrived on October 24th.  The first line of the Order Receipt says "Your 14-day Risk-Free Trial Ends on 11/02/2009". 


It also says: Order Date: October 19, 2009....Shipped Via:  USPS First Class Mail 


So, If they don't have the product back by November 2nd, they're going to charge my credit card $79.95.  That's 9 days from the day I recieved the trial product, not 14, and  proof that they start the 14-day trial as soon as you place your order.  For me to return the product by 11/2, based on the time it took to get here I would have to ship it back on Oct. 28th, 4 days from now.  Their terms and conditions promise a 14-day trial.  All I get is a 4-day trial.  This is a material breach of contract.  But, it gets worse.  The following is the "Risk-Free Trial Return Policy" at the bottom of the Order Receipt:


1. If you qualify for a return, you must obtain a UPS shipping label by calling Customer Service or by accessing your account online before your trial expiration date.  Click the customer service link, log in, and follow the steps to cancel.


2.  We cannot process or refund packages marked "Return to Sender" or "Refused".


3.  All sales after the Risk-Free Trial period are final and 100% non-refundable.


I called and canceled on October 20, and was told I would receive the UPS label by e-mail.  Never happened.  Not only are they trying to force me to use their label, when they send you the label, they charge you $6.99 as a "return shipping fee."  I didn't get the label because when they tried to charge my credit card the $6.99, they found I had closed the card.


Cleanwhites started the 14-day clock the instant I placed my order, resulting in an instant breach of contract.  Basically, at that second, that contract no longer existed.  They shipped the product on October 20.  Therefore, the shipment was unsolicited by virtue of no contract being in place.  The law says any unsolicited merchandise that arrives in my mailbox is mine to keep, free of charge.  So, I'm keeping it.  Maybe it will actually work and my teeth won't be yellow anymore.


 


OFFSHORE COMPANY


I spoke with my card company, Bank of America, today about this scam for a good half hour.  As soon as I mentioned "Cleanwhites and DazzleSmile" they rep said he knew exactly what I was talking about.  BofA, at least, is on to their game.  The rep said the best possible thing to do is cancel the card (which I already did).  He mentioned another company name involved in a scam just like this, "Oxyberry".  He also advised me that they are setting up "disputed charges" against Cleanwhites and DazzleSmile instantly for anyone who asks for them after getting stung, and that customers who do will obviously not be responsible for the charges.  He also assured me that since I cancelled the card, there is absolutely no way these crooks can get any more of my money through my BofA card.


This is not a testimonial for Bank of America, we watch them like hawks in everything they do with our account for good reason.  Rather, I'm relating this to show people that have signed up for this scam using a credit card, how easy it is to get out of the situation.


 


Notify your credit card companies, and take the time to tell them exactly why you are cancelling your card.    


 


He checked the two shipping charge transactions.  Although they are supposedly different companies, both Merchant ID's are listed with them as "Healthcleans, Cypress".  These are not American companies, regardless of the Miami and Colorado return addresses - the money all goes to "Healthcleans" in Cypress.  That's where the criminals are based, to avoid the reach of American law.


 


I'll post more if anything else significant takes place.  Sure hope these criminals are caught and shot, at least.

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#2 Author of original report

Additional Information from Author

AUTHOR: YellowTeeth - (USA)

POSTED: Friday, October 23, 2009

I realize my inital report is long, but it's that way because I wanted to make sure I included everything.  But reading about all the other people who have been taken by these people, and continue to be taken, I really want to emphasize a couple of things...

Above all, no matter where you are in this scam, CANCEL YOUR CREDIT CARD IMMEDIATELY!  This INSTANTLY blocks any more piled-on charges.  Next, file DISPUTED CHARGES with your card company for each and every charge these people have hit you with.  The only exception would be the initial shipping charges - you DID authorize those and if they had carried through as promised, you wouldn't be trying to get them back anyway.  You DO have to play fair.

 

I cringe when I see people using "debit" cards to pay for things like this.  Those cards are a direct door to YOUR money sitting in their bank, not a credit card company's money.  You will have a much harder time getting the bank to act in your behalf to replace YOUR money.  When you pay with a credit card, the merchant is first paid with THEIR money, then they charge you secondarily.  They will react instantly to a scam because they know that (1) you are going to dispute the transaction that results in them being paid back for paying the merchant, and (2) by law, you yourself are only responsible for the first $50 in a fraud case, they will have to go after the rest themselves.

 

Last, do NOT be embarrassed into just doing nothing - so what, you fell for a well-engineered scam.  Look around...so did a whole lot of other intelligent, normal, law-abiding citizens.  Stand up for yourself, and use the resources that are available to you to get your money back.  And file those complaints with the FTC, attorney general, and anyone else you can think of.  They will go after these thugs, but you have to ask them to!

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#1 Consumer Comment

DazzleSmile Failure to Return Money

AUTHOR: Blessings - (USA)

POSTED: Friday, October 23, 2009

DazzleSmile USA Failure to return monetary refund after product was returned Des Moines, Iowa In response to Maw's report on DazzleSmile being a scam ~ I totally agree. I purchased the product on 9/8/09. DazzleSmile withdrew from my bank account $48.92 plus $.49 for an international surcharge before the product was even shipped. I received the product on 9/12/09 and returned it to DazzleSmile on 9/15/09 via certified mail, return receipt. DazzleSmile signed for and received the product on 9/21/09 (well within the 14 day "FREE" trial). To this day I am still trying to get my money back which DazzleSmile says was refunded to me on 9/25/09 and was provided a cancellation confirmation number. I have called DazzleSmile every day since then and have kept a call log of my conversations with every individual I have spoken to (including employee name and employee number). I was told that the refund was issued on 9/25/09 and a report has been issued to their corporate office to investigate the matter. Now I am repeatedly being told to expect a response from their corporate office within 48/72 hours. That conversation was over a week ago and still no response from corporate office. It has now been a month since I returned their product and still no refund! They have left me with no choice but to file a fraudulent report with my bank and have the bank go after my money. For the individual in the UK - here is the address to return your product along with a number to call: DazzleSmile UNITED KINGDOM; BTB Mailflight Ltd., Unit 2B Viking Ind Est., Hudson Road, Bedford, MK41 OQB; phone number is (866) 843-7617. This is a United States' based phone number so I do not know if it will work for you in the UK.

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