Complaints

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• Initial Complaint

  Date:18/10/2022

  Type:Billing Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  -Spoke with merchant on Oct 15, 2022 to discuss the placing of an order for a *************** with Contra upgrade.
  
  -Thereafter placed order per merchant's written directions (*****************).
  
  -Merchant advertises themselves as "Saskatchewan's Authorized ************ Dealer"
  
  -On Oct 17, merchant cancels and refunds my order due to a pricing increase from the manufacturer. As an authorized retailer, I feel the merchant should be honouring my order, and that it is wrong to cancel purely for the purpose of increasing the price.
  
  -The pricing I paid was in line with market pricing of other retailers (ie. it's not as though they accidently charged me $1 and I'm looking to have it honored)
  
  Please contact me with any questions or further detail required.
  

  Business Response

  Date: 08/11/2022

  Business Response /* (1000, 5, 2022/10/19) */
  *****************************************************************************************************
  Oct 15 2022- Customer emailed CEO at 7:52PM CST during non-office hours requesting the best possible price on a product. CEO responds to client at 7:56PM, providing client with an option to get a discount code as well as information regarding the wholesalers minimum advertised pricing policy by which distributors cannot advertise pricing less than the wholesaler sets the price, as per contractual obligations. Client went on to inquire on the best fit for their needs 306 Fitness provided timely and responsive advice on a model based on the client's use of equipment, height, weight, and space. ****** decided on an option and used the discount code provided to checkout with the equipment. Within the item description, it clearly states under the title that the item is a Special Order Item and can take 4-6 weeks to fulfill. Upon checkout, ****** read and agreed to the terms and conditions of purchasing on the website.
  
  The Terms and Conditions ****** agreed to include:
  
  "SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
  
  Prices for our products are subject to change without notice.
  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service."
  
  "SECTION 5 - PRODUCTS OR SERVICES (if applicable)
  
  Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  
  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited."
  
  "We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. "
  
  Upon the next business day, October 17th 2022 the CEO contacted the wholesale supplier to place ******'s order. The CEO was provided an updated price list at the time of order which indicated a minimum advertised price increase of over $1000. As such, the price ****** paid was $959.90 less than any advertised price in Canada or US. Due to 306 Fitness' policy for transparency, CEO explained the situation to ******, apologized profusely, and immediately processed a refund in full along with cancellation of the order. Under the Terms & Conditions ****** agreed to, 306 Fitness had no legal obligation to explain the situation to ******, but are well known in the industry to be transparent with clients.
  
  ****** demanded his order be fulfilled. He was informed again, with apology and full refund, that his order would not be fulfilled.
  
  306 Fitness will not be fulfilling ******'s order. As a small family business, we do our best to keep our website as up to date as possible, however we have no control over our wholesalers pricing or policy changes. As ****** read and agreed to the terms and conditions, he was aware of this at the time of sale and chose to proceed with the order.
  
  We are disappointed that we were not able to fulfill ******'s order and encourage him to utilize the full refund to purchase the item at the price he states is "in line with other market pricing of other retailers".