| I have been suffering from tinnitus since 2008. After going to numerous doctors, I was told that I could not rid my tinnitus short of wearing two hearing aids. Uhg! I decided to do some research on the internet and found the T-Gone web site. Looked impressive. I was about to buy one bottle when I received a pop-up saying that I would get better results if I bought two different types of T-Gone and I would save money! I bought two bottles: one bottle of Type 3 and one bottle of Type 4 for $91.95. Upon receiving, I immediately took the remedy according to the directions. The remedy looked like powdered sugar and tasted like powdered sugar, very sweet. After no improvement, I feared a scam. I researched the internet and found BusinessReporter (I SHOULD HAVE RESEARCHED BEFORE BUYING T-GONE). After reading all the complaints about T-gone, I wanted my money back!
I sent three emails to T-Gone. One to John(john@t-gone.com), one to Alexis (alexis@t-gone.com), and one to Ellen (ellen@t-gone.com) stating the following:
"RE: invoice #148050958
Hello,
On August 22, 2009 I purchased two bottles of T-Gone: type 3 and type 4. I am not happy with your product and would like to return the two bottles for a 100% refund. Please advise."
No response from Ellen. But I did receive automated responses from John and Alexis. The responses said they were protecting themselves from junk mail and to click on a link to complete the verification process. The verification process was an agreement. The agreement states as follows:
"You represent and warrant to Spam Arrest and the Recipient that any e-mail you desire to send to the Recipient is not "unsolicited commercial e-mail" i.e., the e-mail does not primarily contain an advertisement or promotion of a commercial product, service or Web site; unless the Recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the Recipient's own initiative. Further, you represent and warrant that your transmission of any e-mail does not violate any local, state or federal law governing the transmission of unsolicited commercial e-mail, including, but not limited to, RCW § 19.190.020 or the CAN-SPAM Act of 2003. You understand and acknowledge that it is fair and reasonable that you agree to abide by the restrictions set forth in this agreement. You acknowledge and agree that this agreement is central to Spam Arrest's decision to forward your e-mails to the Recipient. Accordingly, if you violate this agreement, Spam Arrest and the Recipient shall be entitled to (1) temporary and/or permanent injunctive relief to restrain any further breaches or violations of this agreement; and (2) damages in the amount of two thousand dollars ($2,000.00) for each violation of this agreement. You acknowledge that such remedies are appropriate and reasonable in light of the costs and expenses Spam Arrest incurs as a result of eradicating and filtering unsolicited commercial e-mail. You acknowledge that the $2000.00 remedy is a reasonable estimate of Spam Arrest's and the Recipient's actual damages. This agreement is governed by the laws of the State of Washington and the exclusive venue for any action related to this agreement shall be held in the state and federal courts located in Washington. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum, lack of personal jurisdiction or for any other reason."
Did you notice the $2000.00 'remedy' amount? WHAT KIND OF COMPANY SENDS SUCH AN AGREEMENT TO A PAYING CUSTOMER??? THIS IS CUSTOMER SUPPORT???
I used PayPal to purchase T-Gone. So, I filed a dispute via PayPal stating the following:
"Bought two bottles of T-Gone on August 22, 2009. I am not happy with the product. T-Gone's website says you can return the product ...90 day 100% guarantee. I sent three email messages (to three different people) requesting information on how to return the items bought for a 100% refund. To date no one has responded to my emails. I fear this company is a scam and I would like to file a dispute."
I received a response from T-Gone today (via PayPal):
"The guarantee on website states the customer must try the products for 90 days.If the customer is not happy aftr the 90days they may return the bottles for a full refund.Susan purchased a 30 day supply. Here is the link http://www.t-gone.com/guarantee.htm"
Too bad I am not a lawyer. I smell a BIG LOOP HOLE! Should I ASSUME that in order to receive a 'full refund' a customer must try and therefore buy a 90 day supply? I bought a 30 day supply. Furthermore, T-Gone's guarantee also states:
"* Limited to orders of $200 or less. For larger orders there is a 25% restocking fee."
DO THE MATH!
In conclusion, I believe I have been scammed. I will not be purchasing from T-Gone. Will I get a refund? At the end of 90 days I am planning on sending my used remedy bottles to the below address for a 100% refund (I am not holding my breath):
Webgistix Corporation 2251 Constitution Ave. Olean NY 14760 Tel 716-372-5211 Att. Deb
Thank you PayPal and BusinessReporter for being honest companies
and providing excellent customer service! |