Asked in Contracts

Q: Don’t most contracts have a three cancellation period?

I signed a contract on Monday with a weight loss center and paid a program fee of $99 and $100 for two bottles of supplements only to be told today when I called to cancel that because of the program I chose, I was not eligible for a refund? I did not open the supplements but they won’t take them back. The counselor said she told me but if she had said it, I would have never paid the fee until I thought it over more. I was NEVER told no refunds AND I did not read the fine print so it becomes a she said/she said situation.

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: As a general rule, contracts become effective when they are signed by the parties. Some contracts do have cancellation provisions, but that isn't a universal "given" in all contracts. If you feel you suffered a legal injustice, you could look into small claims court, but unfortunately, not reading the fine print does not provide you with a strong argument here. The problem is that for what's at stake in terms of damages, bringing an attorney on board could cost more than that. Good luck

Tim Akpinar

Bruce Alexander Minnick agrees with this answer

A: You are wrong about the "three day cancellation argument and also wrong about "he said, she said" argument. Here is the controlling law: If you signed a written contract you are stuck with the terms of that contract--unless you can prove some kind of fraud or breach of the contract.

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