Martha Brizard vs. Get Lush Skin (Free Trial) : $178.46

    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Get Lush Skin (Free Trial)
    • Claimant Seeks: View.
    • Claim #: 1439630
    • Amount Involved: 178.46
    • Filed On: Mar 06, 2017
    • Posted On: Mar 17, 2017
    • Complaint(s):
      • "I just feel ripped off."
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01/04/2017 i was fool by a fraudulent company which present himself has Amazon, there were offering $100.00 for a survey. Title " free Survey for Amazon customer" I need money and i was looking for job, so I jump on it. After the survey all i got was a bunch of products which they add cross the original price and replace it by " your price, just the shipping" I was not pleased, but since i had go to the trouble doing the survey, i choose one, only one product , the shipping price was $3.86. I'm not an expert in English, but if you tell me, my' price is the shipping price, I beleived, that all I have to pay. It
happen on January 04, 2017 14 days later those people call Getlushskin 877-712-8474 UT took from my account I had used to pay the $3.86, $89.84. But not only that they had a friend to joy the party, the friend Essential Skin Aid phone no. 877-333-2192 CA took $88.62. i did not order 2 products, I order one which i was allow because of the survey and up to, today, I've not received anything. not a products not an email nothing . Now, if it's not stealing, i dont know what to call it.

Complaint(s) Involved (1) Hide
"I Just Feel Ripped Off."

Claimant's opinion: was dealing with a company which misrepresent themself using another company name "Amazon"

What Claimant Wants
  • Claimant agrees to resolve this matter under the following proposed terms of settlement.
  • Status: In Negotiation
    This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
  • Get Lush Skin (Free Trial) is asked to agree and settle or make a good-faith counteroffer, offer a rebuttal, or request additional information.
What By When How Much
1. Refund: did not received May 18, 2017 $178.46
2. Other – Pay for claim posting cost May 18, 2017 $7.99
Cash total : $186.45
Response from Get Lush Skin (Free Trial) Hide
  • Get Lush Skin (Free Trial) to claimant
  • Status: Rejected
    Respondent has rejected claimant's terms. This claim will remain posted until mutually acceptable terms are agreed to.
The claimant's settlement terms were rejected with the following explanation:
  • "To whom it may concern,

    Our company, strives to make sure that our customers are completely satisfied. Therefore, we take consumer complaints very seriously. Before customers commit to our 14 day trial, they must accept and acknowledge the terms and conditions of our autoship program by marking the T&C check-box. Please see the following checkout page for more information: https://getlushskin.com/index
    Our records indicate that the customer has already been processed for a refund on 1/18/17 after a call to our customer service team. These are the refund transaction and confirmation numbers:
    01/18/2017 09:11am By Miguel T. - PI Live - Refunded - $88.62 Trans-ID: 3450823471
    01/19/2017 12:10pm By Taylor F. - PI Live - Refunded - $89.84 Trans-ID: 57061587
    Please allow 5-7 business days from the above mentioned date for the refund to process.Please feel free to contact us with further questions or concerns at 877-712-8494
    "

This claim will remain posted until resolved.

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Public opinion & settlement options Hide

The PeopleClaim community includes volunteers who are passionate about justice – consumer advocates, legal professionals, people with knowledge of specific industries and trades, and anyone who has useful suggestions to help disputing parties resolve a case.
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  • Contributed Solution: If the company has refunded the monthly payments, especially if the claimant cancelled after the allowed 14 days, then the claim is settled.
  • Resolution suggestion by Jessica Lothman (563 points) — Marquette University Law Student

    Contributed: 07-18-2017

  • This sales scheme has been used by magazines, cosmetic products, and subscriptions generally for decades. If the company is explicit about the terms and conditions, the client clicks to indicate they have read and understand the conditions, then the client and company are both bound by those conditions. The client has an obligation to know what they are buying and the conditions. The GetLush website has short, explicit information about their Terms and Conditions:

    •  I am 18 years or older and agree to Terms & Conditions and Privacy Policy. By ordering a trial you will be sent a 30 day supply of Get Lush Skin and charged only for USPS shipping ($3.86 USD). If you feel Get Lush Skin is not for you, cancel within 14 days (10 day evaluation period 4 days USPS transit time) from the order date, to avoid the purchase price of ($89.84 USD) and enrollment in the auto-shipment program which sends you a monthly supply of the product and charges you $89.84 USD with free S&H every 30 days after the trial period .To cancel anytime simply contact customer support at (877) 712 - 8494. Hours of operation: 24/7.  

    This one paragraph provides the deadlines to cancel, the costs, the process of how payments are processed, and clearly indicates how to cancel. The key to this case, is whether the client had cancelled and was still charged or was charged and then cancelled.                 

    Assuming those are the same conditions online when the customer purchased the product and signed up for the product, then if the money has been returned, then the company has settled this claim. If the client cancelled after the 14 days, then the company has already extended their policy.           

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  • Contributed Solution: Get Lush Skin Free Trial' must make good the amount to the extent of $186.45.Additional information given by the Respondents provide for a time period of 5-7days from 19 Jan for refund, whereas the claimant filed the claim on March 2017, a month after that, which shows the lack of service on part of the respondent.
  • Resolution suggestion by VARTIKA MISRA (357 points) — A Law Student Having An Inclination Towards Solving Legal Disputes

    Contributed: 07-08-2017

  • The Respondents, 'Get Lush Skin' has to make good the amount to the extent of $186.45 as a waiting period of 5-7 days from 1/19/2017 was stated and the claimant was compelled to file the claim a Month after that, I.e. in March 2017 which clearly shows callousness and unprofessional behavior and method of working adopted by the respondents. The Respondents can't hide under teh garb of transaction confirmation receipt when the method of their operation is itself fraudulent. Moreover, the Respondents fraudulently misrepresented and induced the claimant to make payment, hence this case is more of the nature of misrepresenting oneself thereby fraudulently inducing a person into making payments, which would invite serious legal consequences against the Respondents if brought into teh court. Hence teh issue should be resolved here rather than dragging it to a court and the Respondents should own up to their wrongful act rather than evading from it or acting as a fugitive.

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