Kirby Vacuum return policy 3 day cancellation airtight?

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kvegas

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I had 3 Kirby sales professional visited my home on Saturday Sept. 8th, I will admit that foolishly financed a $2,100 vacuum and at that explained to the salesperson that I would be away on family business since 3 day cancellation. I return Wednesday 12th and attempted to cancel by contacting my salesperson who stated was out of Orlando office but agreed to come and retrieve, 3 Kirby representatives return to my resident but refused to take the vacuum (which hasn't been used) based on 3 day contract cancellation rule pointed out and overlook I am afraid on paper I signed. I am bound by this and is there no way to return this vacuum? Any advice would be greatly appreciated thanks.

Regards
Audrey
 
You signed the contract.

While I personally cannot stand the methods that Kirby uses (my younger daughter was "employed" there for about a week - and never got paid. Completely legal of them to do that), they're pretty water-tight when it comes to liability for this issue.
 
Keep making contacts to try to remedy this, and in the mean time do not make an initial payment.
If you can find an address to send the vacuum to you could ship it with delivery confirmation.
In the end if Kirby wants to be paid they will need to sue you. If you are not in possession of the vacuum and can show it was returned you can take the steam out of their claim.
If they try to send the matter to collections or hit your credit report the fact that you are not in possession and never made a payment will be in your favor.

Also, consider the argument that you did in fact call to cancel on the third business day. The contract may not specify calandar days vs business days, but you may be able to use that as an out.
 
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OP won't find a "return" address because of their policy; to return the vacuum and cancel the contract, OP needed to have contacted Kirby directly and then Kirby would send someone out to collect the vacuum. OP will have been left the "how to return" paperwork with instructions. Their offices simply will not accept the type of delivery you describe and these people are brutal, aggressive and will not hesitate to sue.

The bottom line is that OP did not comply with the return policy.
 
Well for what its worth the little bit of Googling I did in the matter suggests that 3 business days are allowed for cancellation. Contactwas in fact made on that third day, so it appears the return should have been honored.

In my opinion it is far better to refuse payment than to give in. Even if they refuse a shipment it would be better to show evidence of that.

I would not pay them. I would rather take a ding on my credit report if it got that far. Even the credit report can be disputed.
 
You're of course entitled to your opinion.

Going to help OP pay the judgment when it's ordered? ;)
 
Nope. I wouldn't pay that either. I wouldn't pay a dime for something*I*dont want.

Apparently the reps were wrong for not accepting the return on the third business day.

That appears to be the best argument to make.

OP should keep making contact with local and national sales rep and keep good records, making every effort to get rid of that junk.
 
I think the OP indicated that the magical 3rd day passed, and the "meet" to return occurred on day 4.
If that's the case, the only way out may involve paying tribute or offering a settlement. I suspect money is owed by someone, because the 3 day "cooling off" period lapsed. It doesn't matter why, if day 3 was missed. The "cooling off" period passed. That is problematic for someone.

By my reading of the OP's post, the sale occurred on 9/8. The 3rd day would be 9/11. OP tried to exercise her/his right to rescind on 9/12, because a personal matter intervened. The statute doesn't concern itself with intervening matters, just the calendar.


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I believe it is business days that count,so the clock didn't start until Monday the 10th.
Contact was made on the third day, Wednesday the 12th.

Still, I would take the hit on my credit rather than pay two grand for a vacuum.
 
I believe it is business days that count,so the clock didn't start until Monday the 10th.
Contact was made on the third day, Wednesday the 12th.

Still, I would take the hit on my credit rather than pay two grand for a vacuum.

I believe you have enough sense not to pay 2k for a vacuum. :cool:
 
The lesson here for others, NEVER allow street walkers to even say HELLO.

If there had NEVER been a conversation, there would NEVER been a sale.

As Nancy Reagan once, wisely said, "JUST SAY NO!"
 
Thanks all for the insight (helpful) and indeed 3rd business day was Wednesday and after much back & forth, vacuum returned to Kirby and cc charges reversed.
 
Thanks all for the insight (helpful) and indeed 3rd business day was Wednesday and after much back & forth, vacuum returned to Kirby and cc charges reversed.

Good for you. :cheer:
I love it :coolio: when the consumer prevails.
 
What did u have to do to win? My fiance is going through the same thing except. He mailed in his return slip, but it was the wrong address they gave him. Did u get any money from Kirby?
 
Hopefully he can provide prove of the date he mailed it and proof that he was given the wrong address.

The person above said that she received a refund by reversal of the credit card transaction.
 
I NEED HELP,....because I want to cancel my Kirby contract,....BUT my 3rd day happens on the weekend!! I can't get a hold of anyone!!! What do I do????? :-(
 
If the3rd day is a weekend, Monday becomes your 3rd day. Weekends and holidays count. But, be sure to reach them on Monday.


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You might even have until Tuesday since Monday is a holiday... Colombus Day I think?
Be sure to try on Monday though, just in case.
 
My question is related to this. I also was, let's say, having a momentary lapse of reason and purchased a Kirby. The thing about it was they had to put it in my husbands name. He wasn't home so we had my son sign his name, and talk to the finance company. This was 12/5. On 12/6 I was reading through the brochures and paperwork and found out there was only a 3 year limited warranty instead of the Lifetime warranty I was told about. I called them and told them to come get it. They showed up promptly 30 mins later and tried to convince me that their company, not Kirby had a Lifetime "Rebuild" policy. I still couldn't see myself keeping it at the $2919 price after all the finance charges. So they reluctantly took agreed to the cancellation. She was going to leave the machine since they had taken my old vacuum as a trade in and I told her no, that I would pick up my other one. So she took the vacuum with her. I did call the finance agency and they were able to confirm that the contract was cancelled but I have yet to receive my refund check. The "manager" said she had 10 days to get it back to me, so I've been patiently waiting. Even at business days the 10th day would have been 12/20. If I can't get a hold of anyone is there something I can do legal wise to penalize them? Thanks!
 
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