- Report: #550724
Complaint Review: VaporPak - Sandy Utah
Reported By:
James -
Converse, Texas, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
VaporPak
630 West 9560 South Sandy, 84070 Utah, United States of America
Phone:
1-800-782-3815
Web:
Categories:
Business Rating:
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VaporPak Stole $99.10 from my banking account and has not delivered the goods in accordance withe their Terms of Service Sandy, Utah
On or around November 10th 2009, I ordered the VaporPack trial pack of Electronic eCigarettes in order to try and help me quit smoking as they advertise. I paid $9.95 shipping and handling for the Trial.
Unbeknownst to me, this trial is for a 12 day period which they start counting from the day you order, not the day you receive it.
On November 24th 2009, I find a charge on my bank account for $99.10.
On November 25th I called 1-800-782-3815 which is the phone number on my bank statement and it happened to be a call center that they are using, a man with a British accent answered my line, I didn't get his name, but wish I would have. I told him that I did not authorize $99.10 to be taken from my account and I wanted it credited back immediately. He got very defensive toward me and said, Yes you did authorize it in accordance with our Terms of Service and they were not going to credit me the amount because shipment had already been made.
I told him their was no where on the website that stated $99.10 was going to be pulled from my account, he then referred me to the Terms of Service again. He gave me the website address of http://safetrialoffers.com/vapor_pak/ead8/order.php so I could check out the Terms of Service. (I will add the Terms of Service at the end of this report).
I checked out the Terms of Service and sure enough it says they are going to charge my account $99.10 initially, unless I called within the 12 days to cancel, and then a monthly charge of $45.81 for monthly cartridge refills and could cancel anytime by calling them. I told this guy that I had not even received the trial offer yet to even decide if I wanted to do this or not, and I basically got a too bad attitude from him.
I asked him what the $99.10 was for and he told me it was for a 1 mos supply of cartridges and a charger for the cigarette.
I then told him that I want to cancel and that they were not authorized to pull any more money out of my account, and he then tried to talk me into staying with it because I had not tried it out. No Duh!! I just told him that I had not received the trial and had not tried it. I must have told him NO 20 times before he finally said he would cancel it, and he gave me a cancellation confirmation number.
I then asked him for the 2 USPS Tracking numbers for the Trial Pack and the 1 mos supply of cartridges and charger. He gave them too me, and I then hung up with them because I was so mad, my blood pressure had shot through the roof.
On December 1st, 2009, my Trial Pack finally showed up, I was impressed with it and figured maybe I didn't get such a bad deal! But my 1 mos supply of cartridges and charger had not showed up yet, which I was charged $99.10 for.
On December 8th, 2009, my other USPS Tracking number came in, the one for the 1 months supply of cartridges and charger! Oh how happy I was, until I opened the package to find out, they had sent me another Trial Pack. No 1 mos supply of cartridges, no charger, and I got so mad again I wanted to scream.
On December 9th, 2009, I called the 1-800 number again, this time I got ahold of a lady named Victoria Bennet, she was very nice, I explained that they made a mistake and sent me 2 trial packs instead of 1 trial pack and my 1 months supply of cartridges and charger, she apologized profusely and told me that they had such a demand on this that everything is on back order but that she was going to put me in as an urgent ship, she even gave me a code number to give them for another 1 mos supply of free cartridges for the trouble. She told me to call back when I receive my initial shipment of cartridges and charger to let them know I got them, and then to redeem the code number for another months supply.
I felt I had made progress on this call and she told me to call back on the 10th to get my new USPS Tracking number for my initial 1 mos supply of cartridges and charger. I then hung up with her feeling satisfied.
On December 10, 2009, I called the 1-800 number again as Ms. Bennet had told me to, this time I got a young adult male named Raymond that spoke with a thick Indian accent. I told him I was calling to get my USPS Tracking number like Ms. Bennet had told me too. He then began rattling off the old USPS Tracking number for the cartridges and charger I never got. I tried to explain to this guy for 30 minutes what had happened, that a mistake was made, I never got the cartridges and charger, but I did in fact get another trial pack that was supposed to be the cartridges and charger. I could not get him to understand, and I told him I wanted to speak to the Floor Manager or someone above him, he then gave me the old brush off that all the managers were busy, which is what phone monkeys are told to say by the managers, when an irate customer asks for them. I know, I used to work at a call center.
After about another 15 minutes on the phone with him, and asking him to quit interrupting me and let me finish a sentence, I believe he finally understood what was going on, and he said that he was going to put me in for an urgent shipment, again.
On December 13, 2009, I called again wanting to see if my shipment had gone out and if I could get the USPS Tracking number. The Phone queue recording would run and then hang up on me, I tried several times and the same thing happened. I then went to the website I mentioned above, and to my surprise the site was no where to be found. I really started believing I had been RIPPED OFF at this point, but tried to keep positive and thought maybe they are having technical difficulties and try back another day.
On December 19, 2009, I called again, what a relief I got in touch with another nice lady named Joan Sanders, I explained the situation AGAIN to her and she was just as nice and responsive as Ms. Bennet. She told me that she was personally going to hand deliver the urgent rush order, and she noticed that I had a code for the 1 mos free cartridges. She told me the same thing Ms. Bennet did, call back when I get my initial order and redeem that code for another month.
OK, at this point I figured I would give them a chance to redeem themselves and give them some time to get back orders filled etc... before I call them again to get a USPS Tracking number, or maybe even the delivery would show up.
On January 2, 2010, I called again but got a recording saying that the offices were closed for the holidays till the 4th of January. Fair Enough, I will call after the 4th.
On January 5, 2010, I called and got the Phone queue recording "Thank you for holding, the call will be answered as it was received" for 25 minutes I listened to music and this message and finally gave up and hung up.
On January 7, 2010, I called again and got the same Phone queue recording. This time I was on hold for 35 minutes then they disconnected me/hung up on me. I was not about to call back to start over again in their queue.
At this point, I am giving up on these Theives, they stole $99.10 out of my account and have not delivered the goods they promised. They in fact broke their own Terms of Service to me. They say that I will receive 1 cigarette, 6 cartridges and a charger for the Trial Pack, and all you get is 1 cigarette and 4 cartridges. They can stand up to their Terms of Service when they want to steal $99.10 from you, but not what they actually say they are sending you.
$99.10 may not seem like a lot of money but you multiply it by the 100's or 1,000's of people they have stolen from, makes them some very wealthy Thieves.
If anyone is interested in persuing a class action law suit against these people, I would like to be included. I am out here in the desert of Afghanistan fighting this war on terrorism, just so Theives/Scam Artists/Conmen can do dirty business and rip people off, they are no better then the terrorists themselves.
1 Updates & Rebuttals
jwatson7
Converse,Texas,
United States of America
Terms of Service
#2Author of original report
Tue, January 12, 2010
I forgot to add VaporPak's Terms of Service on my original report like I said I would, but here it is:
CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING: The 12 day trial offer is designed to display the quality and effectiveness of the Vapor Pak E-Cigarette product. This gives you the opportunity to try Vapor Pak E-Cigarette during a 12 day trial period. You can come to a decision for yourself if this is the right product for you. The 12 day trial period starts on the day you place your order and includes processing and transit time. Upon ordering, you agree to pay the non-refundable $9.95 shipping and handling fees for the trial offer which includes one rechargeable e-cigarette, one wall charger, and 6 cartridge re-fills. Unless you call customer support to cancel before the end of the 12 day trial period, you will you be charged a discounted price of only $99.10 automatically. By accepting this Trial, you will also be enrolled in our Cartridges Refill Autoship Program. You will After the 12 days from your trial order date and every 30 days thereafter you will be sent 15 cartridges which equal to 30 day supply (Usage may vary) of Vapor Pak E-Cigarette and the form of payment that you used to order the trial will be billed the Member's Only price of $45.81 which includes the shipping and handling for the monthly supply. Customer service can be reached at 1-888-713-3082 M - F, 8am-8pm PST Electronic Cigarette's are not TOYS, nor are they intended for use by children or young adults. You must be of atleast 18/21 years of age (depending on your state laws) or older to purchase or use an electronic cigarette. By entering this site you agree you are of legal smoking age in your jurisdiction. Be advised nicotine is addictive. Our electronic cigarettes have not been evaluated by the FDA. They are not intended to be drug products that treat, cure, or mitigate any disease or condition. Do not use this item if you are a non-smoker; if you have allergy or sensitivity to nicotine or if you are pregnant or nursing. Affiliate Policy VaporPak has an absolutely Zero tolerance policy in regards to affiliates using mis-representations to promote our offer, or breaking any other FTC law. Any person or organization, internal or external to VaporPak, who chooses to break FTC advertising policies in order to promote our offer in any way will be dealt with through the strictest of ways to eliminate such actions as well as prevent the possibility of their recurrence in the future. All affiliates promoting our product must first agree to our affiliate policy which strictly prohibits from breaking any FTC policy. If you ever see any violations of this policy by any such affiliates please contact [email protected]. Recommendation Handling Proper advertising practice is at the top of our priority list, and we are therefore open to further improving our practices as reasonably requested by any one. All recommendations are taken very seriously, and are promptly reviewed by our advertising and legal department. If you have any questions, comments, suggestions, and/or any other issues regarding our advertising practices we urge you to forward them to [email protected] for an immediate review. We encourage you to use and enjoy www.SAFETRIALOFFERS.COM. By accepting your free trial of VaproPak through this website, you agree to these Terms of Service and Legal Notices set forth below and in the disclaimers and terms and conditions stated on the www.SAFETRIALOFFERS.COM website ("Terms of Service") You may only download material displayed on the SAFETRIALOFFERS.COM site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of the SAFETRIALOFFERS.COM site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of SAFETRIALOFFERS.COM. It is strictly prohibited to download the images of the products for sale within this site. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site is prohibited. LEGAL NOTICES Disclaimers and Limitation of Liability The SAFETRIALOFFERS.COM site is provided on an "AS IS," "as available" basis. Neither SAFETRIALOFFERS.COM nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, distributors or the like (collectively, "associates") warrant that use of the SAFETRIALOFFERS.COM site will be uninterrupted or error-free. Neither SAFETRIALOFFERS.COM nor its associates warrant the accuracy, integrity or completeness of the content provided on the SAFETRIALOFFERS.COM site or the products or services offered for sale on the SAFETRIALOFFERS.COM site. Further, SAFETRIALOFFERS.COM makes no representation that content provided on the SAFETRIALOFFERS.COM site is applicable or appropriate for use in locations outside of the United States. SAFETRIALOFFERS.COM specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by SAFETRIALOFFERS.COM, nor its associates, shall create a warranty. You expressly agree that use of the SAFETRIALOFFERS.COM site is at your sole risk. Under no circumstances shall SAFETRIALOFFERS.COM or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SAFETRIALOFFERS.COM site, including but not limited to reliance by a user on any information obtained at the SAFETRIALOFFERS.COM site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to SAFETRIALOFFERS.COM records, programs or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of SAFETRIALOFFERS.COM has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the SAFETRIALOFFERS.COM site. Because some states do not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Errors on Our Site Prices and availability are subject to change without notice. Errors will be corrected where discovered, and SAFETRIALOFFERS.COM reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SAFETRIALOFFERS.COM will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. While SAFETRIALOFFERS.COM takes steps to ensure the accuracy and completeness of product and third-party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details. Quantities May be Limited SAFETRIALOFFERS.COM may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same SAFETRIALOFFERS.COM account, credit card, and also orders which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to dealers. Proprietary Rights Content included on or comprising the SAFETRIALOFFERS.COM site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and SAFETRIALOFFERS.COM owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The SAFETRIALOFFERS.COM logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by SAFETRIALOFFERS.COM and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. SAFETRIALOFFERS.COM does not want to receive confidential, proprietary or trade secret information through the SAFETRIALOFFERS.COM site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the SAFETRIALOFFERS.COM site will be deemed non-confidential, and, by submitting any such information, you are granting SAFETRIALOFFERS.COM an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas, or comments unless we first obtain your permission or are otherwise required by law to do so. Export Certain software from the SAFETRIALOFFERS.COM site may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - applicable to such download or use and not to transfer, by electronic transmission or otherwise, any Content derived from SAFETRIALOFFERS.COM to either a foreign national or a foreign destination in violation of any such laws. Applicable Law The SAFETRIALOFFERS.COM site is created, operated and controlled by SAFETRIALOFFERS.COM in the State of UT, United States of America. As such, the laws of the State of UT will govern these Terms of Service without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the SAFETRIALOFFERS.COM site and these Terms of Service at any time by updating this posting. By using the SAFETRIALOFFERS.COM site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound. The Web site address for the SAFETRIALOFFERS.COM site is: http://www.SAFETRIALOFFERS.COM Links to Third-Party Web Sites The SAFETRIALOFFERS.COM site contains links to other sites. The links are meant to enable access to publicly available information to those who are allowed to the SAFETRIALOFFERS.COM site only. SAFETRIALOFFERS.COM makes no representations whatsoever about any other Web site which you may access through the SAFETRIALOFFERS.COM site. When you leave the SAFETRIALOFFERS.COM site, please understand that SAFETRIALOFFERS.COM has no control over the content on that Web site. In addition, a link to a non-SAFETRIALOFFERS.COM Web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party Web site. SAFETRIALOFFERS.COM makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied. These Terms of Service represent the entire agreement between you and SAFETRIALOFFERS.COM regarding your relationship with SAFETRIALOFFERS.COM and supersede any prior statements or representations. By using the SAFETRIALOFFERS.COM site YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. If you are dissatisfied with the SAFETRIALOFFERS.COM site or any content on the SAFETRIALOFFERS.COM site or with these Terms of Service, your sole and exclusive remedy is to discontinue using the SAFETRIALOFFERS.COM site. VaporPak 630 West 9560 South Suite C Sandy, UT 84070
