Reclamo N° 123852

The undersigned Iacomi Adina Mihaela, identified by the Numerical Personal Code 2750707354722, Romanian resident, home address: Brasov, Aleea Campului nr.8-10, I consider that my personal interests are injured by the unfair commercial decision of King fitness Srls regarding the finalisation of my purchase order registered under the ID1671. I initiated the order on the site http://www.9x9sport.fr , on the 27th of August 2018. My decision to buy refers to the item named: Cabine infrarouge, sauna en bois GD-450C. Following my order, I received by e-mail the purchase invoice No. 1671 in which the following are stated: -the price of the requested product is 2,500 euro - the delivery of the product is free of any transportation charges - the payment shall be made to King Fitness Srls by bank transfer, to the account mentioned on the invoice - product delivery shall be made after the confirmation of the bank transfer. Before transferring the requested money, I called King Fitness Srls in order to check that the requested product is available in stock. Consequently, on the 28th of August 2018 at 19:38 I received by e-mail from [email protected] the confirmation that the product is indeed in stock and that I can proceed with the payment. On the 29th of August 2018, at 14:58 I requested again via e-mail technical details concerning the product, in order to be certain that the information provided on the site is correct, and at 16:51 I received an e-mail confirmation from [email protected] that the requested product is in accordance with the presentation available on the site http://www.9x9sport.fr. Under these circumstances, after all the necessary verifications for this transaction which I consider to be highly important for me, I made the payment on the 29th of August 2018 at 19:00. As a proof of my payment, I sent a copy of the bank transaction document through an e-mail attachment to [email protected] and [email protected] As there was no reply to my prior notification, on the 31st of August 2018 I called to the Customer Service of King Fitness Srls (enerfitsport), +39 0172 431 930; the called person confirmed that the 2,500 euro amount was received by King Fitness Srls and ensured me that Monday, the 2nd of September 2018 will contact the courier parcels service in order to deliver the purchased product. As until the 10th of September 2018 I received neither a confirmation of product arrival, nor other information from King Fitness Srls, I sent an e-mail to [email protected] and [email protected] requesting information concerning the status of the purchased product. The was an answer at 14:33 from [email protected] (provided in attachment, together with all the other documentary evidence of the transaction). I was informed that I should pay an additional cost of 1000 euro or to accept the return of the paid amount! A few hours later, the price of the product on the site http://www.9x9sport.fr was modified to 4000 euro. By the request of 1000 euro additional costs, the price of the product was rised to 3,500 euro. Even if I complied to all the requests specified in King Fitness Srls documents and King Fitness Srls is in the possession of my money since the 31st of August 2018, I can’t benefit the product that I bought! I need this product from medical reasons and purchasing it is a significant financial effort for me and for my family. I even lost the possibility to buy the same product from a different company, which had an available offer at that time, with free delivery as well (I provide you a copy of this offer in attachment, as it apperared on their site). That’s why I consider that your commercial practice is prejudicial for me. As I stated in the last e-mail sent to [email protected], I consider that the price was mutually agreed when the bank payment was done and it cannot be considered as a negotiation subject any longer; the “terms and conditions” from your own site state exactly the same: "Le King Fitness srls se réserve le droit de modifier ses prix à tout moment, mais s'engage également à appliquer les tarifs indiqués sur le site au moment de la réception de la commande.” The unilateral withdrawal that you try to impose is quite the same circumvention attempt. The documents issued by King Fitness Srls are contractual and by this entail obligations, which you are asked to assume. I can understand that for King Fitness Srls the transport costs are significantly higher for Romania than for a neighboring country, but this situation is not mentioned on the site or on the received documents – on the contrary. Moreover, this situation was not communicated to me in any of the preliminary discussions, even if the address on my registration was clearly Romania. For the purpose of finding an amicable settlement and without renouncing to any of the legal rights that I consider to have, I offer you a solution in which I engage to pay the transport fees (but no more than 500 euro), even if according to the documents issued by King Fitness Srls I don’t have this duty at all. My offer is valid only with the condition that within 5 (five) days from the reception of this notification the Sauna GD-450C which I purchased should be shipped to the address already mentioned in the documents (Iacomi Adina, str.Aleea Campului, nr.8-10, Sanpetru, Brasov, Romania 507190) and to have the right to open the package at reception and fully check the product conformity/ status. I shall wait for a shipping confirmation from King Fitness Srls, but no later than the 18th of September 2018; after that, my offer will no longer be valid ans I shall have to use legal resources in order to obtain justice. As I asked you through the last e-mail messages, I waited from King Fitness Srls a correct solution of this situation. Your proposal of refunding me the paid amount is far from being decent as long as I still want to buy the specified product and I fully complied to the offer issued by your company. The other solution that you propose (to pay another extra 1000 de euro, when the shipping to Romania is no more than 500 euro) is just a scam to which I don’t want to participate. Misleading advertising and unfair commercial practices If your offer was false, then you are probably guilty of „unfair commercial practice” , in accordance with Directive 2005/29/EC of the European Parliamant, point 14, not to mention other laws. I attach to my notification the following documents as a proof of the unfair commercial behavior, at least until now: -Copies of the e-mail conversations with the Customer Service of King Fitness Srls -Copy of the information available on the internet page until 10.09.2018 http://www.9x9sport.fr -Copy of the other internet available similar offers, when I purchased the product on your site. Please help me get the sauna delivery in Romania! I have all the document that I has indicated and I send to you if if you give me an available mail address. Thank you very much for your attention, Adina Iacomi +40788778779 [email protected]