Unfair Sales Practices and Consumer Fraud
questions & answers
Question: Paid $150 for hair services and was not happy with outcome,. The business offered to fix for free under their 2 week service guarantee. After having the "fix" completed they attempted to charge me $75 stating that I had agreed to pay! I left very angry and wrote to the BBB. The business is charging me for theft and I want to know what options I have as I do not feel I should have to pay more for services that were offered to correct their mistake! I have pictures and the $150 receipt from the original service.
Answer: For assistance with your specific situation, please consult with a licensed attorney.
Arizona warranty law is governed by the Uniform Commercial Code as outlined in A.R.S. Title 47.
47-2313. Express warranties by affirmation, promise, description, sample
A. Express warranties by the seller are created as follows:
1. Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
2. Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
3. Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
B. It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.
QUESTIONS
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Paid $150 for hair services and was not happy with outcome,. The business offered to fix for free under their 2 week service guarantee. After having the "fix" completed they attempted to charge me $75 stating that I had agreed to pay! I left very angry and wrote to the BBB. The business is charging me for theft and I want to know what options I have as I do not feel I should have to pay more for services that were offered to correct their mistake! I have pictures and the $150 receipt from the original service.
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