Step 3: How to Cancel the Contract

Here is a link to the Texas 3-day Cancellation Law.  Other states should have similar laws on their books also.

Here is a link to the Federal Cooling Off Rule.  The Federal Trade Commission REQUIRES a 3 day right of cancellation in most transactions occurring away from the sellers usual place of business.

If you are trying to get a refund for someone who is unable to pursue the matter on their own, like an elderly parent, relative or friend you must have a "Durable Power Of Attorney".  You can download one for Texas here and it's free.  You will have to have it notarized.   Don't let anyone tell you it's not valid since is was signed AFTER the date of the purchase.

If you've decided on a home demonstration or demo at anywhere other than the salesman's actual business location you have 3 business days to cancel the contract if you decide that the purchase was not in your best interest.

In Texas you have to fill out the "Contract Cancellation" form the the seller is required to give you.  He is also required to give you a contract with his correct business name and address.  You must return the form within 3 business days.  It MUST be post marked by midnight on the third day or the contract is final.

The seller has 10 business days to respond to your cancellation notice.  Within the 10 days he can pickup the equipment to examination and issue you a refund if the equipment is undamaged.

In lots of instances a proper cancellation request will be all that is required.  But often times getting a refund is going to be a test of wills and of your patience.

If the seller waits more than 10 days the seller looses the right to examine the equipment before issuing you a refund.  There is a provision of the law that may in certain circumstances allow you to keep the equipment AND get a full refund if the seller is lax and not responsive to your legal refund request.

My husband is an impulse buyer and he signed a contract with kirby now we have a kirby just sitting there. Ive used it about 5 times since we've bought it. Im so upset with him for buying in the first place. I wanted to return it as soon as the demo guys left. What burden on our shoulders. Well i recently involved in a car accident. My insurance is taking over the payments on out vehical but now we have no car and our insurance rate went up! We really cant afford to be paying for this machine. I'm aware that there is a 3 day return policy. But is there anyway to return it and stop making payments?
<p>Hello - I completely understand your situation . We tried to cancel our contract due to a disability that both my husband and I have. I am looking into free legal help as they denied our cancellation request . Find out if your community has a solicitation license or policy . If they had no legal right to be in your area , you may have grounds to request cancellation . Kirby and most of it's distributors are dishonest and ruthless . I got blocked from their Facebook page for complaining and helping other customers who are in similar situations . We have a Facebook page set up instead with links to consumer reports and news releases . Maybe there is something that will be helpful to you . We are on Facebook under &quot; Kirby Vacuum Cleaners Complaints &quot; . Hope you can get it resolved. </p>
I read your comment on my case and stumbled over this instructable because while I lived in the US I had one visit from a Kirby sales person. Well, we already had our GE vacuum for 2 years and told the guy we wouldn't need another vacuum. But he didn't want to go away allthough I told him front up I wouldn't buy one. To be nice I did let him in, offered some coffee, too. He did his magic for about 1-2 hrs. Man, it was really hard to get him out of the house again. But still, I couldn't be that rude to just close the door when he rang the bell. But we had some fun :-) Just whatever you do (if you let them in or not), if you're committed not to buy, then don't buy. Our GE vacuum worked well for our 3 year stay and for the price of the Kirby I could have gotten at least 19 vacuums.
It's dangerous to let them in unless you can really say NO. Some of them are very persuasive and it's hard to say no over and over. After a while even a strong person starts to think well maybe I do need one of these. I did like your case. It is adaptable to lots of different things and is very protective and attractive at the same time. A great DIY project.
By the way how do you like your Ipad???
I just love it to say the least. I'm surfing the internet from the couch after I had set up connectify on my laptop. This gives me enough wifi area throughout my condo. I also read a lot on it. I have downloaded some games, too, but the only game that is mostly played is solitaire (the card game) which my wife just loves. Another nice app is one which lets my little one practise maths.
I love Kirbys, but I hate the way they're forcefully sold. My dad used to do it (before being upgraded to being an engineer) and he hated it too, and he was the poor sod having to sell them!!! Kirby uses an archaic system for sales, if you find a brand new, never used (and never refurbished) Kirby for sale in a retail environment, they really do not like it, they buy the machines back and dismiss the dealer(s) who tried to sell them, and that's where they're going wrong. Up to about &pound;/$1000-1200 is what a new one is worth, after that, it's the salesman's cut, so the more they sell them for, the more they earn. Also, you often find that some of the Kirbys sold as new are actually refurbished models, so technically they are selling used goods as new, which is unlawful. Here in the UK, by law you have the right to a refund if you felt pressured into buying something, so you're legally covered, and Kirby should provide a cooling off period after handing over the cash or entering into a credit agreement. My advice, save your money, buy one off ebay instead. Or in the US, a thrift store may have them for hardly anything, though often they need to be cleaned out cos they're donated because they're not picking up, usually caused by the owners not bothering to change the bags (how else do they thing the dirt comes out of the things???), worth a look if you want one... :) And no, they're not the best, they're one of the most multi-functional yes, but it's a case of &quot;jack of all trades, master of none&quot;... :)
All good information.
the boat is nice but you and i dont live near enough to the gulf to enjoy it
Ain't that the truth!
i dont think either of us has the funds to enjoy it either but i could be mistaken
i didnt know you could do all of that in texas

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