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Stemoligica Face Products Scam?

AnitaB1458
AnitaB1458 Posts: 2 Newbie
edited 19 December 2014 at 1:49PM in Credit cards
Hi in August 2014, I saw a free sample advert n FB with a company called Stemologica, so I sent for it and paid £3.95 postage. Now I have noticed payments of October £59.95 and November £69.95 charged to my credit card account. I have contacted both the company and my credit card company and asked for a chargeback? as I did not give my permission for either a "refill" order? or for them to take any further payments. My credit card company have stopped this company taking any further payments and have sent me forms to complete to get a refund? I am emailing the company and they are not at all helpful, saying they emailed me confirming that I gave permission when I first had the "trial product", I have asked them for proof of this email and they have yet to provide it. They did copy a standard email in with one of their recent emails saying this was the original email they sent, but when I went into my email Original Source tool, I can see the original IP address (America) with all the details and current email writing and I sent this to them as my proof that it was merely them typing their supposed rules into this recent email and NOT the original. I have asked them to send me their original email in the Source format, which gives my IP address etc as proof. Their return to sender address for product return is Milton Keynes MK11 9CQ.....has anyone else had problems with this company? I am hoping for a full refund into my credit card account, but they only want to make a "Goodwill" gesture! Under the Credit Consumer Protection can my credit card refund me? :(

Comments

  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    https://www.stemcellset.com/promos/kit/landing.jsp?affid=alh&nor&ocu&saffid=estemologica

    See the "Autofill" section at the bottom of the web page. You have agreed to this by accepting the trial offer so i would accept any refund your credit card company is offering and make sure you have now cancelled.
  • They can refund if they agree the transaction was unauthorised.

    But in all likelihood, you agreed to the terms of repeat orders when you took out the original offer. Most people seem to, especially when they respond to Facebook ads.
  • meer53 wrote: »

    Got to say, the products certainly look like they work. Those 17 year old models they feature on the site barely have a wrinkle between them!
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 December 2014 at 2:04PM
    I know Consumer Credit Act, not "Credit Consumer Protection".
    Under the CCA the credit card is jointly liable with the supplier if the supplier breaches the contract: Section 75 refunds

    If you claim that there was no any contract, I don't see how CCA can be relevant, but chargeback can work if the company can't prove that you did authorise them to take payments (Continuous Payments Authority): Visa, Mastercard & Amex Chargeback

    I don't see what difference can the e-mail make as most likely you agreed to something when ordering the sample - by ticking or failing to untick some box or simply because it was a condition of getting the 'free' sample - this is how all these scams work.
    meer53 wrote: »
    See the "Autofill" section at the bottom of the web page.
    AutoRefill
  • Thanks all, I shall continue to request money back, chargeback, section 75, I did NOT fill in any online forms, I did not receive any written confirmation of their terms, refill, order placed. There terms are different for a sample, as per their website, it is not a trial, it was a sample. :money:
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 December 2014 at 8:10PM
    risk-free trial offer: By ordering our special trial stem cell kit, you agree to enroll in our autorefill program. You will be charged applicable shipping and handling fees upon placing the order and will then have 14 days to try our products and return them if you are not completely satisfied. If you choose to keep the kit, you will be charged the full cost of £97.95. We will then automatically send you a replenishment of the products you have ordered according to our common replenishment guidelines (normally, every 30 calendar days). Your card will be charged £69.95 accordingly upon dispatch of the replenishment package. Autorefill can be cancelled at any time by simply logging into your account.
    I wonder why you were not charged 97.95 and why the first payment was 59.95, not 69.95.
  • Ccarter
    Ccarter Posts: 149 Forumite
    What type of card did you use? visa, MasterCard or American Express?
    Debt free by XMAS 2015 #027
    Barclaycard: £0.00
    Divorce: £0.00 :j
    Kitchen: £0.00 :j
  • Tixy
    Tixy Posts: 31,455 Forumite
    edited 19 December 2014 at 8:43PM
    AnitaB1458 wrote: »
    Thanks all, I shall continue to request money back, chargeback, section 75, I did NOT fill in any online forms, I did not receive any written confirmation of their terms, refill, order placed. There terms are different for a sample, as per their website, it is not a trial, it was a sample. :money:

    Section 75 of the CCA won't be relevant in this case. S75 provides added purchase protection when you purchase an item that costs over £100 on your credit card.

    There are many posts on forums about paying the same amount, £3.95 for the free trial and people not having read the terms fully, or having read and understood the terms but had difficulties in returning the kit/cancelling the ongoing agreement. Cannot see anyone else having posted about a free sample though.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • We did the same thing, different company.
    You need to tell them that the products are unsuitable, and return them. Ask them for a return referal number, and the address to send them to.
    Ours was in Scotland although the Company was in New Jersey, USA
    Sent ours back, ok small postage expense, but never heard from them again.
    Good luck
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