Monday, March 30, 2009

PROFECO to the rescue

On Tuesday, February 10, 2009, I receive a response from PROFECO.

Dear Sir & Madam,

As you are aware, according to the following article, there is a term of 5 working days to cancel the contract without penalization.

Article 56 of the Federal Consumer Protection Law states: "The contract will be perfected within five working days from the delivery of, or the signature of the contract, which ever occurs the latest. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation according to this article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer. If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase."

It is every important that you keep the evidence of the cancellation within the allowed term, like the post receipt.

The normal time frame to get a response and / or refund is around 20 days.

We cannot intercede until this term pass.

For additional information or help, do not hesitate to contact us
again.

Sincerely,

Mariana Olvera
Department of Conciliation
Services for Foreign Residents

Okay that sounds great. I decide that I will wait. In the meantime, I call the sales room again. Conveniently, I'm told that Mr Salesperson is out sick. I ask to speak with his manager and his manager says that Tuesday is the 6th day and that we can't cancel, even though I sent a cancellation letter beforehand. He said that he'd be willing to cancel if we give up our deposit, to which I declined.

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