Don't make our mistake
Complaint
Polly Globe
Country: United States
We attended their presentation and after some calculation decided to pay for the membership which was $4990. We wanted to update our kitchen and bathroom cabinets, as well as bedroom furniture. We put down about $1000, and the rest was financed through their lender Beta Finance.
A month later we started planning our purchases and realized we were about to pay more by buying through them than we would otherwise. What the don't tell you on their presentation is that while you save about 10% on furniture they add 8 % handling charge in addition to 7% tax, and that doesn't include shipping.
I am now trying to get our membership money back. Do not become a member! Buy from other stores.
A month later we started planning our purchases and realized we were about to pay more by buying through them than we would otherwise. What the don't tell you on their presentation is that while you save about 10% on furniture they add 8 % handling charge in addition to 7% tax, and that doesn't include shipping.
I am now trying to get our membership money back. Do not become a member! Buy from other stores.
Comments
YOU DO HAVE A 3 DAY COOLING-OFF PERIOD THAT IS SUPPOSED TO BE GUARANTEED
BY DB'S OWN CORPORATE POLICY
AS OF MARCH 27, 2009,
CBC MARKETPLACE, "THE PRICE CUT PROMISE" VIDEO
hidden investigation of db,
DB owner in Ontario, Canada, Christine De Marsh, db was in the process of making up new contracts
Since the video was done in Canada & the corporation is in the States,
the must be used throughout North America
It is very apparent that since most people don't know about this,
they have the perfect opportunity to scam everyone
*****guaranteeing a 3 day cooling-off
guaranteed by their own corporate policy
---------------------------------------------------------------------------
1) FIRST ALWAYS: Registered mail shows proof of time & date
you can also deliver a copy of the letter after, because delivery, in person does not show proof & time of db receiving it
THEY have even refused to acknowledge letters delivered in person & told the person to go back home & rewrite the letter
because they didn't want the truth written in the letter?????
wHAT THE HELL IS THAT?????????THAT IS SCUM!!!-SO the time limit runs out...
NEVER E-MAIL & INC. IN YOUR LETTER THAT YOU WILL NOT ACCEPT RESPONSE E-MAIL, PHONE OR ANY OTHER NON-SECURE TYPE OF COMMUNICATION
-BY MAIL ONLY, WITHIN 10 BUSINESS DAYS OF THE RECEIPT OF YOUR LETTER
2) NO NEED to contact finanace co.
3) "...although db claims that the 3 days is not applicable by law,
the fact is that you were "put under undue pressure to sign a contract that you cannot afford,
IT IS AGAINST THE :
Texas unfair and deceptive acts and practices act
if you could afford it, you would not need the high pressure loan that was forced upon you...with no time to compare prices...& check into the terms (not written in the contract)
***if you have not received your "password/and or access to prices within the 3 days, then they have not honoured their agreement, also,
because no access means, no chance to compare prices
let me know as soon as possible what you have done,
I will try to help!!
You did not mention whether or not your contract has the DB MANDITORY 3 DAY COOLING-OFF PERIOD printed into it or not,
IF it is printed in, then you just send Registered MAIL
STATING that you want to RESCIND THE CONTRACT
-The letter is to confirm that you have formally notified db BY REGISTERED MAIL within db's MANDITORY 3 DAY cooling-off period
-you are expecting written confirmation of the cancellation and that you do not owe any money to db or (any 3rd party...)
-Db's confirmation letter must be mailed to you, within 5 business days of db recieving your letter
SIGN by all names on contract
---------------------------------------------------------------------------
1)click & PRINT A COPY OF THE WHOLE ARTICLE below--WCVB TV5 abc Boston
http://www.thebostonchannel.com/news/13332558/detail.html
HIGHLIGHT THE DaTE & (close to the end of the article),
statement on cancellation.
"Regarding our cancellation policy, any new member can cancel their membership within three days of joining."
************************
Statement From DirectBuy
Full statements from DirectBuy headquarters in Indiana:
May 16, 2007
**************************************************************************
2) ***CBC MARKETPLACE-THE PRICE CUT PROMISE ---VIDEO INVESTIGATION OF DB
on March 27, 2009
-BARRIE, ON. CANADA, DB OWNER, Christine De Marsh, stated that a 3 day cooling-off period was to be rewritten into ALL new contracts, &
It is DB CORPORATE CO. POLICY
as of March 27, 2009
===========================================================================
3) Refer to your Consumer Protection Act/UNFAIR TRADE PRACTICE ACT
a CONTRACT with "No Cancel & No Refund..."
is a violation of these laws due to the fact that:
a contract worded this way, forces the member to give up their rights,
that they are guaranteed under the Act,
---A contract that is worded grossly in favour of the co. (db) is to be interpreted in favour of the consumer
---material (main facts of the contract have deliberately been withheld,
if the consumer knew the facts, the consumer would not have joined
the co. has used false, misleading misrepresentation
I sent in a complaint to our local radio station running ads for db
here is what came of it
We received a copy of your email that you forwarded to the radio station. We would like to contact you to find out what your concerns are. We cannot find you currently in our system to be able to reach out to you so we are unsure if you have come in to learn about DirectBuy or not. We do have a website that provides a lot of information in regards to DirectBuy San Diego. Each location is franchised and we own the San Diego franchise. We are also a member of the BBB and have an A- rating. Our website is <http://www.directbuysandiego.com/>www.directbuysandiego.com
DirectBuy is entering it’s 40th year of operation. DirectBuy members last year alone purchased approximately $900 million dollars worth of merchandise and achieved significant discounts to their delight.
If you would like more information please do not hesitate to contact us.
Susan Denischuk
Club Owner
DirectBuy Club of San Diego | <http://www.directbuysandiego.com/>www.DirectBuySanDiego.com
3585 Corporate Court| San Diego, CA 92123
d: 858-966-3134 | f: 858-966-3131
For some unknown reason db keeps luring more victims into their snare. No one should pay several thousands of dollars to join DB. A few minutes ago I saw another Direct Buy commercial on the Smithsonian channel advertising their contest "if the key fits you win $50,000."
What a trap...
Buyers Beware - Don't make our Mistake
THIS CONVENIENTLY OMITS DB'S OWN MANDITORY 3 DAY COOLING-OFF PERIOD:
UCC TotalHome MEMBERSHIP AGREEMENT
Term of Membership Three (3) Years
_________________________________________ (The Member) and Member's immediate family, so long as such family Members are under eighteen years and living in the Member's household (collectively the "Members"),are granted a membership in good standing of the UCC TotalHome buying club owned and operated by the below named corporation, for a period of 3 years so long as Member is current on all payments for his membership and is compliance with this agreement. Members are entitled to all the rights and privileges of membership, including the right to order carpeting, furniture, appliances and merchandise for Member's personal use or as bona fide gifts through said club at the manufacturer's or supplier's price plus sales taxes, freight charges and handling fee.
This agreement binds the Club, its successors and assigns. Member's rights, powers, privileges, duties and liabilities are not assignable and terminate upon death of the member listed below.
Members understand this program is not sold on a trial basis
and no refund of membership fees will be made.
The Club is only obligated to arrange benefits as described in this Membership Agreement.
No oral promises or
statements not contained in this Membership Agreement shall bind or obligate the Club.
This Membership Agreement is not conditioned on the use of this Membership.
Notice: Do not sign this Agreement before you read it or if it contains blank spaces. You are entitled to a copy of the Agreement you sign. Keep this Membership Agreement to protect your legal rights.
Member acknowledges receipt of a completed copy of this Membership Agreement. See reverse side for additional terms of the Membership Agreement.
Official Club Membership cards will be honored by any other affiliated UCC TotalHome buying club. UNDER NO CIRCUMSTANCES does the Club authorize use of a MEMBERSHIP CARD by a NON-MEMBER, and any Member allowing such use shall lose the right to continue as a Club member. (Also, see MEMBERS' PLEDGE on reverse side.) If the Member and his/her spouse should terminate their marriage, and the court does not determine the ownership of the Membership, then the first name that appears in the first paragraph hereof shall be deemed the sole owner.
---------------------------------------------------------------------------
IMPORTANT MERCHANDISE TERMS:
1) Merchandise is covered by the manufacturers' warranties only,
and the cost of an order does not provide for any setup fee,
or service type of agreement, unless otherwise stated.
The Club disclaims all warranties regarding the merchandise,
express or implied, including without limitation, all warranties of merchantability.
2) Any need for subsequent repairs or service, after receipt of merchandise, is members' own responsibility.
3) Members should visit the Club showroom often so as to get acquainted with the large selection of items available.
MEMBERS ARE WARNED
NOT TO ACCEPT MERCHANDISE AND SIGN FOR IT UNTIL AFTER THEY HAVE CAREFULLY EXAMINED SAME TO MAKE SURE THE MERCHANDISE CONFORMS TO THE ORDER,
AND THAT THE CONDITION OF THE ITEM IS ACCEPTABLE TO THEM,
SINCE THE CLUB WILL NOT BE RESPONSIBLE FOR THE MERCHANDISE ONCE ACCEPTED BY MEMBERS, AND MERCHANDISE MAY NOT BE RETURNED.
4) The entire merchandise price plus handling fee,
estimated freight and sales tax is required as a down payment
at the time of placing an order with the Club.
5) Check your suppliers' catalog for estimated delivery information, since it will vary for individual suppliers.
The Club has no control over the actual delivery time which may vary from estimated delivery times.
6) Suppliers reserve the right to change their prices without notice.
Adjustments in price due to unknown increases in suppliers' wholesale prices will be charged to the members and
is payable within (7) days of receipt of such information.
Any ordering member agrees that each order is subject to such price adjustments, and the member agrees to pay any resulting price increase.
Any additional charges for freight, sales tax, delivery and installation will be added to orders as they apply.
Only new merchandise will be ordered, and distressed, damaged or factory second merchandise WILL NOT be handled by the Club.
From time to time some suppliers and services are dropped and others are added in order to maintain the high standards of merchandise and services available through the Club.
7) Only the supplier has the right to cancel an order.
However, you can request a cancellation, and be notified of cancellation if it is acknowledged in writing by the supplier .
No order cancellations will be honored or deposit refunds made once the factory has acknowledged the order.
All acknowledged orders are contingent on the supplier's availability to complete such an order.
The fulfillment of an order is subject to strikes, fires, and other causes beyond our control. The limit of the Club's liability in the event an order cannot be fulfilled is the amount shown on the order, which the Club will refund.
MEMBERS' PLEDGE Members agree that:
All merchandise shall be purchased for Members' personal use or as a bona fide gift only and will not be purchased by the Member for purposes of resale, nor shall the Club's low price be disclosed to retailers.
Members will not call or deal directly with the Club suppliers.
Members agree to abide by the warranties of the suppliers.
Violation of these rules shall entitle Club to revoke said offending Members' Club privileges.
Topic DirectBuyMembershipAgreement .
Revision - 12 Jul 2009
trudys advice to send all the letters with the various reasons for wanting out will only show a judge that you tried peacefully to get out of the deal, the letters will NOT get you a refund from a club because you are finding any loopholes in the contract.
THE NEW COMMERCIALS ARE OFFERING THE "30 DAY FREE TRIAL"
"MAKE YA WANNA PUKE" SCAM AGAIN
db knows that IT IS AN absolutely ruthless SCAM.
THIS TIME THE PUBLIC KNOWS BETTER!!!!
They will tell you every lie they can, to further intimidate you, & scare you into accepting their highway robbery.
THEY DO NOT VOLUNTEER ANY INFORMATION UNLESS QUESTIONED, ALWAYS SHOWING BIAS.
I PROMISE YOU THAT IF YOU GO IN, THEY ARE 99% UNLIKELY TO MENTION THE TRIAL, during their presentation
& THEY WILL HOUND YOU UNTIL YOU SIGN IMMEDIATELY
SO THAT YOU CAN GET YOUR "EXTRA DISCOUNT" FOR PAYING IN FULL (EARLY)
The 30 day trial WILL NOT BE MENTIONED DURING THEIR SPEECH
IT CLEARLY shows DB'S deceitful actions.
You should print a copy off the internet for future reference.
They are interpreting the contract in a biased manner, in favour of db causing further confusion (
DB WILL DELIBERATELY REFUSE to acknowledge that they did not fulfill their responsibility to inform you of all their terms & conditions
Misunderstandings are supposed to be interpreted in favour of the consumer.
Good Luck to everyone
Don't back down, any support that you need, we are here for you.
THIS CONVENIENTLY OMITS DB'S OWN MANDITORY 3 DAY COOLING-OFF PERIOD:
UCC TotalHome MEMBERSHIP AGREEMENT
Term of Membership Three (3) Years
_________________________________________ (The Member) and Member's immediate family, so long as such family Members are under eighteen years and living in the Member's household (collectively the "Members"),are granted a membership in good standing of the UCC TotalHome buying club owned and operated by the below named corporation, for a period of 3 years so long as Member is current on all payments for his membership and is compliance with this agreement. Members are entitled to all the rights and privileges of membership, including the right to order carpeting, furniture, appliances and merchandise for Member's personal use or as bona fide gifts through said club at the manufacturer's or supplier's price plus sales taxes, freight charges and handling fee.
This agreement binds the Club, its successors and assigns. Member's rights, powers, privileges, duties and liabilities are not assignable and terminate upon death of the member listed below.
Members understand this program is not sold on a trial basis
and no refund of membership fees will be made.
The Club is only obligated to arrange benefits as described in this Membership Agreement.
No oral promises or
statements not contained in this Membership Agreement shall bind or obligate the Club.
This Membership Agreement is not conditioned on the use of this Membership.
Notice: Do not sign this Agreement before you read it or if it contains blank spaces. You are entitled to a copy of the Agreement you sign. Keep this Membership Agreement to protect your legal rights.
Member acknowledges receipt of a completed copy of this Membership Agreement. See reverse side for additional terms of the Membership Agreement.
Official Club Membership cards will be honored by any other affiliated UCC TotalHome buying club. UNDER NO CIRCUMSTANCES does the Club authorize use of a MEMBERSHIP CARD by a NON-MEMBER, and any Member allowing such use shall lose the right to continue as a Club member. (Also, see MEMBERS' PLEDGE on reverse side.) If the Member and his/her spouse should terminate their marriage, and the court does not determine the ownership of the Membership, then the first name that appears in the first paragraph hereof shall be deemed the sole owner.
---------------------------------------------------------------------------
IMPORTANT MERCHANDISE TERMS:
1) Merchandise is covered by the manufacturers' warranties only,
and the cost of an order does not provide for any setup fee,
or service type of agreement, unless otherwise stated.
The Club disclaims all warranties regarding the merchandise,
express or implied, including without limitation, all warranties of merchantability.
2) Any need for subsequent repairs or service, after receipt of merchandise, is members' own responsibility.
3) Members should visit the Club showroom often so as to get acquainted with the large selection of items available.
MEMBERS ARE WARNED
NOT TO ACCEPT MERCHANDISE AND SIGN FOR IT UNTIL AFTER THEY HAVE CAREFULLY EXAMINED SAME TO MAKE SURE THE MERCHANDISE CONFORMS TO THE ORDER,
AND THAT THE CONDITION OF THE ITEM IS ACCEPTABLE TO THEM,
SINCE THE CLUB WILL NOT BE RESPONSIBLE FOR THE MERCHANDISE ONCE ACCEPTED BY MEMBERS, AND MERCHANDISE MAY NOT BE RETURNED.
4) The entire merchandise price plus handling fee,
estimated freight and sales tax is required as a down payment
at the time of placing an order with the Club.
5) Check your suppliers' catalog for estimated delivery information, since it will vary for individual suppliers.
The Club has no control over the actual delivery time which may vary from estimated delivery times.
6) Suppliers reserve the right to change their prices without notice.
Adjustments in price due to unknown increases in suppliers' wholesale prices will be charged to the members and
is payable within (7) days of receipt of such information.
Any ordering member agrees that each order is subject to such price adjustments, and the member agrees to pay any resulting price increase.
Any additional charges for freight, sales tax, delivery and installation will be added to orders as they apply.
Only new merchandise will be ordered, and distressed, damaged or factory second merchandise WILL NOT be handled by the Club.
From time to time some suppliers and services are dropped and others are added in order to maintain the high standards of merchandise and services available through the Club.
7) Only the supplier has the right to cancel an order.
However, you can request a cancellation, and be notified of cancellation if it is acknowledged in writing by the supplier .
No order cancellations will be honored or deposit refunds made once the factory has acknowledged the order.
All acknowledged orders are contingent on the supplier's availability to complete such an order.
The fulfillment of an order is subject to strikes, fires, and other causes beyond our control. The limit of the Club's liability in the event an order cannot be fulfilled is the amount shown on the order, which the Club will refund.
MEMBERS' PLEDGE Members agree that:
All merchandise shall be purchased for Members' personal use or as a bona fide gift only and will not be purchased by the Member for purposes of resale, nor shall the Club's low price be disclosed to retailers.
Members will not call or deal directly with the Club suppliers.
Members agree to abide by the warranties of the suppliers.
Violation of these rules shall entitle Club to revoke said offending Members' Club privileges.
Topic DirectBuyMembershipAgreement .
Revision - 12 Jul 2009
Could you please repost your letter? - we can't find it at all. Thank you.
We were bamboozled. We gave them $5,490 because of their high- pressured, deceitful, unfair, et al. sales tactics.
No one should be charged thousands to join a 'Club'.
Most likely the folks with money to burn (like in San Diego, CA) may like DirectBuy shopping (exclusively) and don't mind the cost of joining. You HAVE to be rich... or easily persuaded...
DirectBuy franchises are after all the money they can procure and a lot of folks like us wish we didn't make that mistake...
Buyers Beware !!!!! Don't join DirectBuy
-NEVER PHONE OR E-MAIL TO REQUEST CANCELLATION,
*** NEVER GO THERE
UNLESS you have a copy of your (already sent) REG. LETTER IN HAND
& your receipt showing proof of your Registration date
& A WITNESS WITH YOU
& you have already given db more than enough time to respond,
& you have not received a response
-PLEASE answer ?-date of joining-what State/Province (not the city)
-------------------------------------------------------------------------
-Does your contract inc. any specific ref. about cancellation
-DID DB USE AN OBSOLETE CONTRACT : "...No Refunds, Not Cancelable..."
If they did, It is OUTDATED, INVALID, ILLEGAL--
I LIST 3 references of proof:
ALL DB CONTRACTS ARE SUPPOSED TO INC. A 3 DAY COOLING-OFF PERIOD
---------------------------------------------------------------------------
1)click & PRINT A COPY OF THE WHOLE ARTICLE below--WCVB TV5 abc Boston
http://www.thebostonchannel.com/news/13332558/detail.html
HIGHLIGHT THE DaTE & (close to the end of the article),
statement on cancellation.
"Regarding our cancellation policy, any new member can cancel their membership within three days of joining."
************************
Statement From DirectBuy
Full statements from DirectBuy headquarters in Indiana:
May 16, 2007
**************************************************************************
2) ***CBC MARKETPLACE-THE PRICE CUT PROMISE ---VIDEO INVESTIGATION OF DB
on March 27, 2009
-BARRIE, ON. CANADA, DB OWNER, Christine De Marsh, stated that a 3 day cooling-off period was to be rewritten into ALL new contracts, &
It is DB CORPORATE CO. POLICY
as of March 27, 2009
===========================================================================
3) Refer to your Consumer Protection Act/UNFAIR TRADE PRACTICE ACT
a CONTRACT with "No Cancel & No Refund..."
is a violation of these laws due to the fact that:
a contract worded this way, forces the member to give up their rights,
that they are guaranteed under the Act,
---A contract that is worded grossly in favour of the co. (db) is to be interpreted in favour of the consumer
---material (main facts of the contract have deliberately been withheld,
if the consumer knew the facts, the consumer would not have joined
the co. has used false, misleading misrepresentation
---------------------------------------------------------------------------
******IF IT IS PASSED THE 3 DAY COOLING-OFF
FIND WRITTEN PROOF OF CHEAPER PRICES IN RETAIL
you can also add to your letter,
-how long it took to recieve your password/access to their price website,
& (I am pretty sure) that you did not get it, within the 3 day cooling-off
period, so it was impossible for you to make price comparisons,
in order for you to make an informed decision as to whether or not,
this was a membership that you would like to pursue..
DO NOT GIVE UP!!!!!
FIGHT THE SCUM WITH EVERY OUNCE OF ENERGY!!
"POLITICIANS" make promises (liars) who promise that they will politically, politicize the political act of politicization of politicing
in other words (blah blah blah- DO NOTHING)
"LAWYERS" PROMISE TO TAKE YOUR MONEY...MORE, MORE, MORE
"CLASS-ACTIONS"....the lawyers get up to a million $$$
Named plaintiffs get mega $$$$$
Victims get NOTHING ...
YOU MUST TAKE ACTION, & ASK YOUR QUESTIONS HERE
DON'T GIVE UP!!!!!!!
So I am reluctant to believe your story, 1st of all you start so rudely,
with "YEAH..."
2ND of all, I can't get past the lie of sent within 3 days
If you sent REGISTERED MAIL, you have a receipt of proof of the date sent,with a tracking # on it....So what am I missing??????