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Can I Return A Spa?


David66

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Hi,

Sorry this is so long...it just takes a bit to explain.

My spa shopping has lasted a good 4 or 5 weeks. Last Friday I made a decision on a Nautilus for $7,750. Although it is an '06, it is new, never been filled until it was filled for me to try. It doesn't have the LFX, but in my spa shopping, this one rates at the top. My 2nd choice was a Niagara. I had a price quote of $8,900 for that one. I think both dealers would be fine for service after the sale, etc. I felt the Nautilius was the better deal, so Friday I informed the Caldera dealer that I was probably going with the other spa for $7,750. He replied that he couldn't really match that price on the Niagara and offered a price on a lesser model (which I wasn't interested in). I didn't fault him for not being able to match that price, as the Niagara has a waterfall feature and is an '07 model. Today, I heard from him, and he told me that he might have a couple of spas for me to consider that he just learned of today. #1 is an '06 that one of his customers returned after using for only a couple weeks (allegedly the customer thought it was too big after having it awhile...weird). He said he could sell that one to me (full warranty and all) for the $7750. I'm not interested in that one, because it has a blue shell. The other spa is also Niagara and just like the one I wet tested...in the Pearl, very nice. Due to the fact that a nearby Caldera dealer is closing its doors, he said he could sell me that spa for $8,200 because the owner is "clearing out" her inventory. He would then install it for me and provide local service. If he would have told me this on Friday, I might very well taken him up on it, because I think that overall the Niagara offers a bit more a "spa experience", with the lighting, the bubbler, etc. Problem is, yesterday I went in and paid for the Nautilus, thinking there was no way the Caldera was going to get within $500 of the Nautilus!! At this point, I am very comfortable with my decision on the Nautilus. I told the Caldera dealer that I would let him know tomorrow what my decision is (he doesn't know I already bought the Nautilus.)

So...my question: I would call the Caldera dealer tomorrow and tell him that if he matches the $7,750 I'll take the Niagara....IF I knew I could return the Nautilus. Anyone heard of such a thing? If he doesn't price match, I think I'll stick with the Nautilus...I believe it to be superior in certain areas (the jet action, and a couple of construction/component type things). But I really like the Niagara too, and I think it has a bit more "wow" to it. A price of $7,750 would be a killer price, and not so far-fetched if the owner is trying to get out from under her inventory. So, will the D1 dealer take back my not-yet-delivered Nautilus? We haven't even set a delivery date yet, and other than processing my payment (I paid half cash, half credit card) he really hasn't done anything yet. I wonder what the "I changed my mind" policy is on an $8,000 purchase :)

I don't feel like I was really "shopping after I bought". The dealer called me after I thought any dealing on the Niagara was over with.

Thoughts?

David

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read your contract you signed with the dealer. Most dealers have a non refundable deposit. See if you can get the d1 dealer to throw in a free led light...alot of customers who get the lfx package dont use it after the first few months because when sitting in the water it can be very annoying. I wouldnt choose the tub based on waterfeatures. Is the Nautilus in ultralife? Cause getting that led light will make it amazing at night

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I would at least attempt to call the dealer you purchased from and just see about canceling your order. I wouldn't go into detail on the other deal...its not his business. Also what does your contract state??

This is what feels a bit uncomfortable to me. Calling him and saying, "Sorry, I don't want the Nautilus now. I want a refund." And I really wouldn't do this unless the Caldera dealer agreed to match the price which I think is a bit of a long shot, but then also too good to pass up if he does. So, what if the D1 dealer then says "no, you we can't give you a refund". That's my real dilemna. I've agreed to buy the Caldera. Now I have two hot tubs :) What's the protocol here? Can the retail business just keep my money? There was really no contract to speak of. We just agreed on the price and what it included. But hey, I guess I have the right to change my mind, don't I? I mean, I can take back most products as long as I have the receipt without too many questions asked. Especially if you don't let much time go by. Any dealers out there that have encountered a fickle customer like me? :) What would your position be?

Thanks,

David

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What's the protocol here? Can the retail business just keep my money? There was really no contract to speak of. We just agreed on the price and what it included.

Did you get anything in return when you have them the deposit check - a bill of sale, or anything? It might state on there what your policies are in terms of a refund. In my case, I made my "deal" with a salesperson who is no longer working for the dealer. The salesperson put everything in writing, including the fact that they were going to install an ozonator. The "new" salesperson hadn't heard about the ozonator. So, we pulled out the bill of sale I got when I put down the deposit, and there it was. I get an ozonator, with no hassle or questions. No matter who you decide to go with, I would get something in writing stating EXACTLY what options, colors, etc. you're going to get. That way, there are no surprises and no confusion on installation day.

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But hey, I guess I have the right to change my mind, don't I? I mean, I can take back most products as long as I have the receipt without too many questions asked. Especially if you don't let much time go by. Any dealers out there that have encountered a fickle customer like me? What would your position be?

he didnt have you sign a contract or bill of sale?

I have delt with plenty of people looking to cancel but have always signed a contract that states deposits are non refundable. If a customer wants to cancel we let them know the deposit is nonrefundable based on the contract and we hold our customers to their contracts. Just like DP held his dealer to their contract the dealer has a right to hold you to your contract...if for some reason you dont have a contract I see no reason why you cant cancel...I wouldnt tell the dealer your buying a caldera though. Be honest with Caldera dealer, say you will attempt to cancel if they match price...if they do try if thats the tub you really want even though I cant imagine passing up a d1 nautilus for 7700 for a caldera at same price...but they both good tubs so you will be happy with either

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Check your local consumer laws. In Ontario, a consumer can return a product within 3 days if it has not been used and a contract can be cancelled within 3 days if work has not been started. In Ontario, if you know who to file a dispute with, a non-refundable clause will not apply and you'll get your money back because the "other party" is not supposed to begin production for 3 days due to this consumer law. If there is a "window of time" in your area, put your refund request in writing so it is documented.

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But hey, I guess I have the right to change my mind, don't I? I mean, I can take back most products as long as I have the receipt without too many questions asked. Especially if you don't let much time go by. Any dealers out there that have encountered a fickle customer like me? What would your position be?

he didnt have you sign a contract or bill of sale?

I have delt with plenty of people looking to cancel but have always signed a contract that states deposits are non refundable. If a customer wants to cancel we let them know the deposit is nonrefundable based on the contract and we hold our customers to their contracts. Just like DP held his dealer to their contract the dealer has a right to hold you to your contract...if for some reason you dont have a contract I see no reason why you cant cancel...I wouldnt tell the dealer your buying a caldera though. Be honest with Caldera dealer, say you will attempt to cancel if they match price...if they do try if thats the tub you really want even though I cant imagine passing up a d1 nautilus for 7700 for a caldera at same price...but they both good tubs so you will be happy with either

No contract at all...nothing that stated to the effect "$500 non-refundable deposit required" like I have seen on other big-ticket purchases. Sounds like I got a great deal on the Nautilus...I'm not looking to back out, really. Just want to know my "rights" so to speak, in case the situation with the Caldera is too good to pass up. I'd say either tub at $7,750 is too good to pass up, but the Caldera might get the nod just becasue it probably has an even higher MSRP the way it is equipped. I'd say that your advice to be honest with the Caldera dealer and to tell him I'll attempt to cancel if they match the price is a great idea. That way he knows I've got to get out from under the Nautilus first, and he knows I already have it "bought" and would steal the sale away. Might be enough motivation for him to drop down to $7,750. At least he knows that I'm sort of "in a pickle" and wont' be too mad at me for asking for $7,750 in the first place. The weird thing is that IT'S NOT EVEN HIS TUB. It's the dealer who is going out of business, who might even be more desperate than he is to sell it :) I feel like such a wheeler dealer in all this, and that's really not my style. Oh well...I didn't ASK the Caldera dealer to call me back with this late-breaking offers. :)

By the way, the price I got on the Nautilus includes an upgrade to the Multicolored LED, and it IS the white ultralife shell. It also includes an upgrade to a Covermate III, and the normal package of 6 month supply of chems, deluxe cover, and installation.

I agreed verbally to the purchase price of the Nautilus on Friday evening, literally on my cel phone walking into a restauarant. I paid for it Monday, after work. If I decide tomorrow (Wednesday) to renig, that seems quick enough, don't you think? They will have done NO prep to get the tub ready for me because I told them I'd have to call them back to let them know when an electrician could make it out.

David

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In most states if you put a deposit on something and you did not reciecve it you should receive a refund, unless it states on the contract that the depsit is non refundable. We require a 20% depsoit on spas that we order and it is non refundable. This is because I will own this spa after I ordered it. Just beacause the customer chages his mind. If I have the spa in stock and if the customer has a good reason, I will refund his money......Anything bought a homeshow or fair ( outside of the retail location) the customer has 3 day to resend on the order......

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In most states if you put a deposit on something and you did not reciecve it you should receive a refund, unless it states on the contract that the depsit is non refundable. We require a 20% depsoit on spas that we order and it is non refundable. This is because I will own this spa after I ordered it. Just beacause the customer chages his mind. If I have the spa in stock and if the customer has a good reason, I will refund his money......Anything bought a homeshow or fair ( outside of the retail location) the customer has 3 day to resend on the order......

Thanks everyone. It was an in stock tub. Looks like I might have been within my rights to return it. But my gut says that the Nautilus is the spa for me. I didn't call the Caldera dealer back to see how low he would go. If he calls me, I'll just tell him I have decided on the Nautilus.

I can't wait to get that baby home! I should be soaking in a couple weeks, hopefully.

Thanks!

David

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