RVTL & Equinox
Queja 303220 Detalles

The following message was sent to customer service for Equinox:

I ordered the trial of the Equinox and Radiant Skin on January 9, 2014 and received the product on January 13, 2014. My bank account shows the shipping charges were processed on January 13, 2014. I began using the products on January 14, 2014

At first, I felt the product was working well but on Wednesday, January 22, when applying the cream at night, my face began stinging. I washed the product off immediately.

On January 23rd, my face developed breakouts along the lines of the mouth where I had been using the product for wrinkles and on January 24th the area under my eyes on the check bones where I was using the day product developed dryness and turned red (picture attached). While at an event on Friday evening, January 24, friends asked if I was okay due to the redness on my cheeks under my eyes. I decided that I needed to stop using the product and report the reaction to the company. I contacted customer service on the morning of January 25th to say that I was having a reaction to the product, to send no further product, not to charge anything for the product, and that I would be happy to return any unused product.

I was told by the Customer Service person that although they would cancel any further deliveries that it too late to reverse the charges -that the 14 days trial period ended January 23rd and that I would owe the full amount for the 30 day supply.

Per the statement on your web page and the terms and conditions: "Your 14-day trial period begins at the date of order our products are normally delivered within 3 to 5 business days from the time of ordering."

Product ordered January 9, product delivered January 13 (within the 5 business days)
14 days from the receipt of the product on January 13 would be January 27th. (13+14=27)
Today, January 25th, when I called and am now documenting in writing is within the 14 day trial period from the date the product was delivered.(January 13)

I brought these facts to the Customer Service person and they stated that the 14 days for the trial included the shipping time and reiterated that the trial period ended January 23rd!

I asked how can a trial can begin before the product is received ? The Customer Service person said it states so in the "agreement for the trial sample offer" which I had the obligation to read when ordering.

I have re-read the terms and conditions and the wording that I see in the terms and conditions is the same as on the webpage. If your web page and terms and conditions state that the 14 day trial period begins at the date of order our products are normally delivered and the alternate terms the Customer Service person refers to appear somewhere else, I believe that this would be deceptive and that the wording in the terms and conditions and advertising would hold the precedent for interpretation of the actual start of the trial date.

If the intent is that the 14 day trial starts on the day the order is placed, the advertising and terms should clearly state...the 14 day trial period begins on the date the order is placed; the trial period includes the 3-5 days for delivery.

Additionally, the web page states: "You can try EquinoxSkinCare risk free to determine for yourself, if this product is right for you. When you submit your order, you automatically agree to pay the non-refundable discounted shipping & handling cost of 4.95 for your trial for a full 30 day supply of equinox day and night serum."


I would be happy to pay for a product that works; however, I am not happy to pay to for a product that your ad claims I can try risk free...to determine for myself if the product is right for me.

If the product is a "risk free" trial and I determine that it is "not right for me" I should not have any loss or hazard. The Product will be especially "not right for me" and hardly "risk free", if I need to go to a dermatologist to get something to ease the redness, dryness and break-outs caused by your product and also have to pay for a product that I could not use. If this is not what the company meant by "risk free," please explain the use of this word in the advertising and terms..

Your webpage also states: If you find that the product is not right for you, simply call our Customer Service Center at 1-877-316-1859 or the numbers shown on your bank statement you can also send an email at [email protected] to cancel your membership before the end of your 14-day trial period and you will not be charged the full price of the equinox day and night serum.
The Customer Service did advise after discussion, (still holding to the trial ended on January 23) was that he could refund $40/product to me.

Although, the terms and conditions do contain clauses associated with cancellation and reduced refunds for restocking fees, etc for the ongoing home delivery program, the Terms & Conditions Cancellation section contain the proviso "unless canceling pursuant to the 14 Day Trial set forth herein and stated above.."

I contacted my bank to advise that any charges for Radiant Skin or Equinox should not be processed. I was advised that there already were charges from these merchandisers 'Pending" and that because the charges were pending, the merchandiser would need to cancel or reverse the charge. The bank advised if the charge was put through and not credited or canceled, I could pursue a disputed action complaint with the against the merchandiser, since I reported the cancellation to the merchandiser and to the bank, ..

Your Terms and Conditions do contain a Negative Option Clause which I have read. The terms under the "Trial Offer and Continuity Product Summary", paragraph 3 state "If you do not cancel before the end of your 14 day trial, we consider you as a valued member of home delivery program and charge the credit card on file the full price of $105.95 ($99 +4.95 Shipping & Handling) will be charged on the 30th day from the order and 30 days thereafter."

I am confused... since January 24/25th is well before the 30 days of the original order (January 9) and your terms and conditions state will be charged on the 30th day from the order... why is there a charge pending now on my bank account. A charge pending now is far ahead of the 30 day time stated in your terms and conditions as 30 days from the original order would be February 9th.

I am disappointed over the apparent discrepancy and potential deception in the interpretation given today by Customer Service of the 14 trial day period, risk free, and refunds

Based on your advertisement and terms and conditions that state this was a "risk free trial" and my compliance with the terms to notify Customer Service within the 14 days on which the products were delivered, I expect the full value of $99 for the "Radiant Skin" product and $93 for the "Equinox" product that is pending on my bank account to be refunded or credited

If the company holds to the interpretation that the trial period ended January 23, and does not provide the full refund, I believe your advertisements and terms and conditions represent a failure of the company to act in good faith and a potential willful attempt to deceive the consumer and will pursue further.

Upon a satisfactory resolution of the above issue, if the company would like the unused portion returned for quality purposes, please send me a postage paid envelope and I will return the product in the original packages and boxes. If I do not hear from you regarding the disposition of the product, I will discard the products following resolution of the above matter.

Your immediate attention and response is requested.