Claim Details
Company: | CHOICE WHITE |
Type: | Teeth whitening |
Country: | United States |
City: | |
Postcode: | |
Address: |
Claim title: | TEETH WHITENING SCAM |
Claim value: | £81.46 |
Incident Date: | 7 Dec 2010 |
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USUAL STORY WITH THESE ROBBING, CHEATING, SCAMMERS. PAID £2.95 ON THE 7 DEC FOR THE 'FREE' TRIAL, HAD 2 MORE PAYMENTS TOTALLING £81.46 TAKEN FROM MY ACCOUNT ON THE 15 DEC. WHEN I RANG THE UK NUMBER (0203 371 0984) THE AMERICAN SOUNDING GUY SAID I HAD AGREED TO THIS BY SENDING FOR THE TRIAL. THE FURTHER PAYMENTS ARE LISTED IN THEIR T & C's WHICH I HAD ACCEPTED BY SENDING FOR THE TRIAL. NO I DIDN'T READ THEM - IT WAS ADVERTISED AS A FREE TRIAL, WHAT DID I NEED TO READ THE T & C's FOR ? THE T & C's MIGHT JUST ABOUT MAKE THIS LEGAL BUT IT IS DELIBERATELY MISLEADING, VERY DECEPTIVE AND TOTALLY UNETHICAL. ITS JUST AS BAD AS BEING MUGGED ON THE STREET, I HAVE BEEN ROBBED. I'M MAD AS HELL AND WANT MY MONEY BACK - CAN ANYONE HELP ? PS - I WOULD HAVE COPIED CHOICE WHITE IN ON THIS MAIL BUT THEY DON'T DISCLOSE THEIR E-MAIL ADDRESS ON THEIR SITE. WHAT A SURPRISE...
21 Dec 2010 - WHILE READING THE T & C's I NOTICED THAT THEY SAY IF YOUR GOODS HAVE NOT ARRIVED IN 48 HOURS, THEY WILL REFUND ANY MONEY YOU HAVE PAID. THE £81.46 WAS TAKEN FROM MY ACCOUNT ON THE 15th DEC, THE GOODS HAVE NOT YET ARRIVED SO I RANG AGAIN TODAY TO ASK FOR A REFUND. I EXPECTED A BATTLE BUT THE AMERICAN LADY I SPOKE TO OFFERED NO RESISTANCE TO MY REQUEST AND SAID THE MONEY WOULD BE BACK IN MY ACCOUNT WITHIN 7 DAYS. I ASKED FOR E-MAIL CONFIRMATION BUT SHE COULDN'T DO THAT (WHY ?), SHE SAID SHE WAS REFUNDING MY ACCOUNT AS WE SPOKE. I'LL LET YOU KNOW !
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Comments
[03/01/2011] J DAVIES: SURPRISE SURPRISE!! THE CONDITION STATING THAT A REFUND WOULD BE MADE IF GOODS ARE NOT RECEIVED WITHIN 48 HRS OF PAYMENT MADE HAS NOW BEEN REMOVED FROM T+C ON THEIR WEBSITE . I TOO HAVE BEEN PROMISED A REFUND , I WILL INFORM YOU IF AND WHEN THIS HAPPENS .
[10/01/2011] Y Georgieva: I have been brutally deceived, just like u!!Never never NEVER order something that has a label CHOICE WHITE!!!on it!!They took once 2.95 GPB from me, and last month I saw that they also had another 42.82 GBP!!!
I tried to phone them,but they put me on hold and I am waiting like crazy for an answer!Something legal has to be done against this awful people!!!
I am so mad!Keep fingers crossed to refund me!
[12/01/2011] LouiseW:
I tried to call and cancel any future orders with them on Monday. I was on hold for over five minutes with the call wait time actually increasing the longer I was waiting (and not decreasing) OUTRAGEOUS!
I have just tried to call 0203 3710984 again and now just getting a dial tone. I suspect that more money may well be collected from my account so I am just going to cancel my bank debit card and get a replacement. They will then be unable to take any more money from me... I suggest you guys do the same too!
[12/01/2011] sarah: i too was a victim of this, i called to cancel i asked if when i recieved the products i could send them back for a refund the woman said there is no need to wait that long i will cancel your membership now and refund the card. i recieved a confirmation email (below) stating i will get a refund. but guess what - no refund, i called back a few days ago and was told it would take 7 - 10 working days and because of xmas and new year it was only 8 i would still have to wait. i called the number today to find no dial tone and the website has been removed!!
this is the email that was sent to me, including the t&c!
This email is to confirm that you have been canceled from the Choice White membership .
A partial refund for 42.82 gbp was issued on 12/22/10. Please allow 7 to 10 business days for this money to post back to your account. Below you will find a copy of the Terms and Conditions which can also be located on our website.
Terms & Conditions
The following terms and conditions are a legally binding agreement which govern your use of our website and purchase of products on our website. Please review the entire agreement carefully. When you submit an order for our product you are certifying that you have read and agree to all terms and conditions contained in this agreement.
Membership Plan Summary
Membership:
We will enroll you in our teeth whitening program and bill you today for £2.95 shipping and handling for both products (teeth whitening tray and pen). Your card will be authorized for the first month's product price, but not charged for 5 days allowing you time to receive and try the product. We will continue to ship you one month's whitening supplies each month for two additional months at a cost of £38.64 for the whitening pen and £42.82 for the whitening tray, or until you call or email us to cancel. A total of three month's whitening supplies are shipped, one set per successfully approved transaction. Product is shipped via Royal Mail and typically delivered within 48 hours. Should product not arrive within 48 hours, please notify customer service (0203 371 0984).
Cancellations and Refunds:
You may cancel your membership at any time if you are not completely satisfied with the program by notifying Select White at UK: 0203 371 0984 and US: 866.354.1938 Our return address (please do not ship back any merchandise before receiving a refund from one of our agents):
Choice and Select White Teeth
7600 Alico Rd. Box 1222
Fort Myers, FL 33912
Uk:(020 337 10984) and US:866.354.1938 Billing descriptor: "02033710984choicewhite"
Charges will appear on your statement as: "02033710984selectwhiteteeth"
GENERAL TERMS AND CONDITIONS
Thank you for visiting Choice White website ("Website"). ("Company," "we," or "us"). By accessing this Website, purchasing products or services from this Website you agree to the following Website Terms and Conditions ("Terms and Conditions"). The posted Company Privacy Policy ("Privacy Policy") and any and all other posted operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website or purchase products from the website in any manner or form whatsoever. INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE. COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), NOR IS THE INFORMATION PROVIDED BY YOU TO COMPANY CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT. The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment. This information and the products provided should only be used in conjunction with the guidance and care of your physician. Consult your physician before taking any supplements offered on or through the Website. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding your health or medical condition. 1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Company may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information. 2. Orders/Billing. In consideration for the Products you order from Company, you agree to pay the sums listed below at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card. Company's authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company's reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. 3. Disclaimer of Warranties. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 4. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 4.1 Product Information Disclaimer. The product information provided on the Site is intended only for residents in the United States. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this site have not been approved or cleared by a government regulatory body. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States. 5. Copyright and Trademarks. All Newsletters, logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Company. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. 5.1 Scope of Use of Copyright and Trademarks. Company maintains the Site for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without Company's written permission. Company makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Company Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. 6. Indemnification. You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. 7. Third Party Websites. The Website may contain links to other websites on the Internet that are owned and operated by third parties. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website's operators. Because Company has no control over such websites and resources, you agree that Company is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions. 8. General Provisions. The Agreement shall be treated as though it were executed and performed in the State of Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Website. Company's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
.
Regards,
Clara
Customer Support
Choice White
her email address is: clara@choicewhite.com
I hope this helps!
[12/01/2011] Y Georgieva: Hello all,
They do not answer their UK phones since this morning..
Does anybody has any further suggestions?
Thanks!
[15/01/2011] Lindsey: I ordered the teeth whitening trial pack for £2.95 which i agreed on 25 Nov 2010 and i received the trial pack called "Alpine White" in good condition.
Later, i realized they have charged me 2 payment of £38.64 on 30 Nov 2010 and £42.82 on 2 Dec 2010 without my confirmation and authorization. Refer to the Term and Condition when i first ordered the trial pack, i then realized i have enrolled to the teeth whitening program.
By then, I expected i will receive the subsequent 2 whitening pack as per the stated term and condition.
On 9 Dec 2010, I called to their customer care number 020 337 18986 to check my order delivery status. The Lady (with heavy American slang) called Cole, told me i will receive my pack on 20 Dec 2010.
On 21 Dec 2010, I didn't receive the pack yet, so i called to the number again, i recognized the voice of the lady who i called on 9 Dec, but she told me she is called Alisha not Cole. She told me again, due to the peak festival season, my shipment was delayed and i would receive the packs before new year.
On 4 Jan 2011, i called to the number again, and a guy named Frank told me, i will receive my pack on 10 Jan 2011. If i still not receive my pack, they will give me refund.
On 12 Jan 2011, i tried called to 020 337 18986 and 020 337 10984, but both numbers went to dial tone, seems like they have terminated the phone line.
Apparently, they have breached the sales agreement. Legal action should be imposed to them.
Their website still operating and the contact numbers still in their term and condition page.
http://www.choicewhite.com/r/ukv0/Default.aspx# http://www.selectwhiteteeth.com/r/6666/Default.aspx
http://www.articlesbase.com/dental-care-articles/alpine-white-teeth-whitening-review-free-trial-2212431.html
Select White Teeth 8515 Jackrabbit Rd Houston, TX 77043 Uk:(020 337 10984) and US:866.354.1938
Choice White ∙ Distribution Center 7600 Alico Rd. Box 1222 Fort Myers, FL 33912 Uk:(020 337 10984) and US:866.354.1938
[17/01/2011] linda: i have the exact problem,,,,,,,,,,,,,£2.95 for the toothpaste but never receaved this,,,,,then 2 payments taken from my caed without consent.....£38.64p.and £42.82...ive just called the credit card compny to say i wont to have a dispute with this company and ive now been told i signed up to a subscribtion ????????????????????????????????????????????????? which i never did...... also theres no call numbers working for this compny now. seems weve all been robbed BY COWARD CON PEOPLE,,, ITS A TOTAL SCAM THIS COMPANY ......
[20/01/2011] Gill: Just checked my bank account and they have debited £40 from my account. Did not receive product. Have tried both numbers to no avail. Telephoned my bank, they have cancelled my debit card and will persue the matter on my behalf as I did not authorise this transaction. Have emailed the company from the email address listed here and told them that they were in breach of their 'terms and conditions' and that my bank will be handling the matter as they have literally stolen from my bank account. The more people that are aware of this scam the better - SPREAD THE WORD!
[05/04/2011] Jenna: AHHHHHH im soo angry with myself! when purchasing this it had the secure sign at the bottom of the page! after i purchased it i recieved a very vague email, so i got a horrible feeling! Then i googled teeth whitening scams! I called the bank, they took £130! meant to be 2.95! The bank has cancelled my card so no more payments will be taken! I called them to ask for a refund, the stupid cow tried to say they havent taken the money and they only set it aside for 7 days! LIES! the bank have told me they took it! She said she has cancelled it her name was Franchesca and ref number 843091 proves its been refunded?? HOW?? Has anyone actually recieved their money back from this at all? What do we do? What can we do? I'd love to be in a room with the person that thought up this scam!
Thanks
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