BellaBrite.com
Complaint 9959 Details

On July 27, I signed up for a free trial of the BellaBrite tooth whitening product. I received the trial product 3 days later, July 31.
I did not receive any information informing me what the timeframe of the trial offer was-neither by email (yes, I checked my junk mail), nor with the mailed product. I also checked their website, and the trial offer period is not listed anywhere. On August 8, I was charged $78.41 for the product. I called their toll free number, and spoke to a rep who informed me that an email was sent to me on July 31 confirming the order and detailing the trial offer period. I told her I had not received an email, and requested that she send me a copy of the original email. She said she would "put in a request for the copy of the email." When I insisted that I had not received an email, she said it was also under the Terms and Conditions section of the website. I asked her to tell me exactly where that was listed, and I did not see any reference to a trial period. She put me on hold, and never came back to the call again, after 10 minutes I hung up. I immediately called back, spoke with "Craig" (he said he wasn't allowed to give me his last name), and he repeated almost exactly the same messages. This time however, I asked him to provide me with a refund, quoting him the verbage on their website under the Return Policy section. He said that given I did not cancel within the 8 day trial period, I could not have a refund. I informed him that his website did have a clause for refund of the product, and I began reading it to him verbatim. This time, he hung up on me immediately. Needless to say, I have not received a copy of the original email notification that both reps said that I would receive. Here's what is listed on the Terms and Condititions web page:
Terms and Conditions for Using the Information On This Site
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Terms of Using This Site
This web site is owned and operated by BellaProducts and contains material, which is derived in whole or in part by BellaProducts and its partners and manufacturers. The following are terms of a legal agreement between you, the user of the website, and BellaProducts.

By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law, State of Colorado Law, and international treaties.

Copyright
All Web site design, text, graphics, the selection and arrangement thereof, and all software Copyright © 2011 , BellaProducts. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with BellaProducts, using this Web site as a shopping vehicle, and for purposes of consulting with a health care practitioner. Any other use of materials on this Web site-including reproduction for purposes other than noted above, modification, distribution, or replication-without the prior written permission of BellaProducts is strictly prohibited.

Trademark
BellaProducts web pages, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of BellaProducts. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Disclaimer
BellaProducts IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. BellaProducts DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BellaProducts DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Warranties
BellaProducts does not provide any warranties on products. Some states do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you.

Limitation of Liability: Purchase and Use of Products
BellaProducts shall have no liability to you as a publisher of information, or reseller of any products or vendor services, including, without limitation, any liability for any defective products.

BellaProducts MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Warning
We will try to place the proper warnings and product interactions throughout this web site, but inevitably we will fail to cover all subject matter. That is why it is imperative that you speak with your dental and primary health care practitioner before buying or using products sold by BellaBrite or any other company. Each person is different, and the way each person reacts to a particular product may be significantly different from each another. YOU SHOULD ALWAYS SEEK THE ADVICE OF A DENTAL PRACTITIONER BEFORE USING ANY TOOTH WHITENING PRODUCT AND YOU SHOULD ALWAYS INFORM YOUR PHARMACY AND PHYSICIAN OF ITS USE.

Use of this Site
Except as specifically stated on this site, neither BellaProducts nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of damage to property and claims of third parties.

We do not warrant and shall have no liability regarding information provided in this site regarding recommendations for any and all dental health purposes.

SMS, Wireless and Other Mobile Offerings
Some of the services that we provide will result in sending an SMS, wireless or other mobile offering to your cell phone. These should be obvious in the context of the offering at the time you sign up. By signing up, you are agreeing to receive these mobile offerings. You understand that your wireless carrier's standard rates apply to these messages. To unsubscribe or discontinue SMS messages, send "STOP", "END", "QUIT" to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering. This will not affect offerings sent on behalf of third parties.

Other
This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, of for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Purchasing from the Home Page
Multiple offers are available for purchase through this site. Each offer may be subjected to its own terms. The terms of the offers available on this site are as follows:

BellaBrite WhiteforLife™ Program - You understand that you are receiving free shipping only on the initial shipment and that you are signing up for ongoing monthly shipments of the BellaBrite WhiteforLife™ Program to be sent each month for $78.41 plus $5.95 shipping. You can cancel at any time but shipments will continue until you take affirmative action to cancel. You can return any shipment for a refund of the product price only by contacting customer service within 30 days of that shipment’s initial shipping date. All shipping charges are the responsibility of the customer and are not refundable.
One Month Supply – You will receive a one month supply at a discount of 10% off of the suggested retail price. You will pay a total of $129.99. You can return that shipment for a refund for any reason only by contacting customer service within 30 days of the shipment’s initial shipping date. All return shipping charges are the responsibility of the customer and are not refundable
Contacting the Web Site
If you have any questions about the practices of this site or your dealings with this Web site, you can contact [email protected] or call us Toll Free at 1-800-916-3487 with any suggestions! Our Customer Service Team is available 24 hours, 7 days a week.

And here is the verbage under the Return Policy:
BellaBrite's No-Hassle Product Return Policy
You can cancel in these easy ways; go to www.BellaBrite.com and click on the Easy Cancel Button at the top of the page or call our customer service center at 1-800-916-3487 . Our Customer Service Team is available 24 hours, 7 days a week.

For subsequent shipments in the WhiteforLife program, you may only return the most recent complete shipment for credit. We do not charge a restocking fee. As long as the product is unopened with its seal intact and in good, marketable condition without package blemishes, you will be refunded the complete amount you were charged for the product. If the product needs to be either destroyed (seal or packaging was broken or torn) or repackaged (it is returned in a non-marketable condition), then a $19.60 destruction/repackaging fee will be charged to your credit card.

To receive a refund for a returned product from an ongoing product shipment, you must request an RMA (Returned Merchandise Authorization Number) within 30 days of the last shipment and this RMA must be written on the package in order for credit to be issued. All shipping charges are the responsibility of the customer.

Customers purchasing BellaBrite through an incentive web site (qualifying for, as an example, a Free IPOD® through a third party advertiser) and initiating a cancel before the initial product shipment has been received by the customer will result in disqualification for your free gift.

Customers who initially signed up under a Web-Only Trial promotion may have different return rules that were displayed at the time of the order. All program rules for Web-Only Trial Customers remain the same as they were upon their sign up and customers with questions about a different promotion should review the confirmation email sent to them for that order or call customer service for details.

If you have any questions about our policy, please email us at [email protected]. We will get back to you within one business day.