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Money back guarantee not being upheld - help!

I recently took up a challenge along with a friend from maximuscle whereby they said take the 30 day challenge and if you dont see an 88% increase in strength they will give you your money back.
So in good faith we went for the challenge.
Online they did a special challenge pack and also allowed you to get a pack for a friend so you could do the challenge together.
We did the challenge, recorded the results as per the details, but after the 30days neither of us had made an 88% increase in strength.
So we applied for our money back - (2 x £100)
Heard nothing for a month so I phoned them up yesterday and they said they had no record of our claim - fortunately I sent the return by parcel force so had full tracking.
They said they would find the return and call me back.
No return phone call.
So I again called back, only to be told that we were only entitled to 1 return as the T&C's of the challenge state only 1 claim per household.
I told the guy there that we did the friend pack and that I was from a different household, but he said that as it was all done on 1 credit card, that is the 1 household and therefore we were not entitled to both refunds! (Note that the site didnt allow you to use 2 forms of payment when you bought the friend challange pack)

I asked to speak to his manager / supervisor and he refused saying he was the head of the department. He refused to give me his surname and said it was a closed matter there was nothing further that could be done.
I asked for complaints department and he said I could only write an email to customerservices.

Can anyone help me with the best way forward on this?
We took the challenge in good faith, are of separate households so I dont see that the fact that we paid on a single card can let them get out of their challenge money back guarantee promise.

any advise or suggestions would be gratefully received.
thanks!
J Fisher

Comments

  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What does it say in their T&C?

    How much of a percentage increase in strength did you receieve btw?
  • The only relevent thing in the T&C's according to them states only 1 refund per household.
    "
    1. Limited to one claim per household.
    "

    And as I am of a different household to my friend, I dont see how they can refuse.
    As stated above their site wont even let you do the friend challange unless you pay on 1 card.

    The product was fine, but in my opinion no better than any other protein supplement.
    The reason I went for the challenge was I have hit a bit of a plateau so the thought of a 88% increase sounded great! Although I was a bit skeptical that it was acheiveable in 30 days! Sadly I was right.
    Gavin83 wrote: »
    What does it say in their T&C?

    How much of a percentage increase in strength did you receieve btw?
  • nomoneytoday
    nomoneytoday Posts: 4,871 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Did you use your credit card?
  • Yep :-)
    Wasnt sure how that would work as we have recieved the product and used it, its just not fulfilled their promise..
    Did you use your credit card?
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    An 88% increase in strength claim is utter nonsense anyway - they have no evidence to back it up, and no baseline for how you measure it. You could try getting the ASA (https://www.asa.org.uk) to stick their oar in, it may help get your money back (certainly not guaranteed), but also is likely to help other people not buy stuff falsely advertised. And it was falsely advertised with the claim, and the guarantee.
  • yes good idea
    I did think that 88% was unacheiveable as ive been a gym goer for many years, but figured it was worth it as i'd be guaranteed my money back! :-)
    thought a big company like maximuscle would actually stick to their promise.

    paddyrg wrote: »
    An 88% increase in strength claim is utter nonsense anyway - they have no evidence to back it up, and no baseline for how you measure it. You could try getting the ASA to stick their oar in, it may help get your money back (certainly not guaranteed), but also is likely to help other people not buy stuff falsely advertised. And it was falsely advertised with the claim, and the guarantee.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    How on earth can you message an 'increase of strength' in these terms? It's nonsense. It's also open to abuse from the customer; what does this challenge consist of? Lifting stuff? What's to stop someone not particularly trying on the second test and then arguing there's been no increase? I should imagine the company knows this and never has any intention of refunding money. It's just an advertising ploy.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • Yes i agree very wolly.
    Its a weight lifting type challenge, you had to perform 3 exersizes and measure your increase over the 30 days tracking this roughly every 7 days.
    I also agree its wide open to abuse, but seems to be on both sides!
    I imagine they are going on the basis that most new people to the gym / weights will actually get a reasonable increase in 30 days and therefore are unlikely to bother with the refund.
    More long term gym goers would tell you 88% is virtually unacheiveable unless their supplement contains "magic".
    How on earth can you message an 'increase of strength' in these terms? It's nonsense. It's also open to abuse from the customer; what does this challenge consist of? Lifting stuff? What's to stop someone not particularly trying on the second test and then arguing there's been no increase? I should imagine the company knows this and never has any intention of refunding money. It's just an advertising ploy.
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