Fitness Club Warehouse Ripoff dishonest fraudulent transaction Shipped wrong treadmill Los Angeles California

Hi,

I'm having trouble with a company that I purchased a treadmill from.

Please read the letters below and inform me if you can help.
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Below is a letter I wrote to my credit card company:

To Whom It May Concern:

On January 13, 2004 I ordered the treadmill, Keys model # 901, from Fitness Club Warehouse for $1599.00. The model can be viewed at: http://www.fitnessblowout.com/treads/htrainer9000.htm

The salesman on the phone, James, assured me that the treadmill I was to purchase was Keys model # 901 and not model # 9000 which is pictured on their website. He said that the 901 is a new model compared to the 9000. He also stated that the model 901 that Fitness Club Warehouse sells is upgraded for them by Keys to be better than the retail version of the 901. Fitness Club Warehouse claims a higher peak horsepower and a higher weight capacity than the retail version of the 901 sold by Keys Fitness. Furthermore, James said that his Ohio warehouse was out of stock of the 901, and the treadmill would come fresh off the assembly line from the Keys factory in Texas.

The treadmill was delivered on January 22, 2004 at 10:00am. As the driver unloaded the very large box from the truck, I noticed a picture of a folding treadmill printed on the box along with the words foldable treadmill. I was concerned that I received the wrong treadmill but then noticed a sticker on the end of the box that said CZCLUB/901, which stands for Cardio Zone Club model 901. At this point I felt confident that the right treadmill was delivered and offered the driver $20.00 as a courtesy, per James' suggestion, for helping me carry the treadmill into my house to its planned destination for use.

I signed the delivery notices and then unpacked the treadmill. It was at that point I noticed that I did indeed receive the wrong treadmill. The treadmill I received was the Keys 9000 and not the Keys 901. As you can see from this web link, there is a big difference in design when comparing the 901 to the 9000:

http://www.keysfitness.com/KeysFitness/Template2.cfm?id=healthtrainer.html

Upon further inspection, I also noticed that not only was this the wrong treadmill, but it was not brand new off the assembly line as promised by James. A sticker on the treadmill indicates that the treadmill was manufactured 10-24-03. Furthermore, I noticed that the control console on the treadmill reads Elite Max and not Club as the owner's manual illustrates. Apparently this treadmill comes in two styles: The Elite Max which has a continuous horsepower rating of 2.5, and the Club (the model I ordered) which has a continuous horsepower rating of 3.0.

When I called Fitness Club Warehouse that same day and asked to speak with James, I was told that he would be in tomorrow. When I explained to the agent that I received the wrong treadmill, she said that I have the upgraded model which is better than the one I ordered. I explained to her that this was an older model with less horsepower. She said that only James would be able to help me. I then asked to speak to the owner of Fitness Club Warehouse, Jim Rosen. She said Jim is on a call right now. I said I don't mind waiting, at which point she then said He will be on the phone for at least 30 minutes. Finally, I asked her to give him a message to please call me back. After waiting most of the day for Jim Rosen to call me back, I decided to call the Keys Fitness number listed on the owner's manual. (888) 340-0482.

I spoke to Steve at Keys Fitness and he told me they sell their treadmills to Fitness Club Warehouse with a Fitness Club Warehouse name badge sticker on it. I described my treadmill to Steve which looks just like the model 9000 even though I ordered the 901.

Steve agreed with me that I must have received the model 9000 and was also unaware of any upgrades that Fitness Club Warehouse claims to have over the retail version sold. To his knowledge the 901 that Fitness Club Warehouse sells has the same specifications as the retail version.

Later that same day I called Fitness Club Warehouse back to speak with Jim Rosen. When I explained that I was the person who received the wrong treadmill, the phone agent said, Are you Mr. Peterson? to which I replied No. She then said Jim is on a very long phone call and I don't expect him to be off the phone soon. I asked her to please have him call me when he was finished. I received no phone call from Fitness Club Warehouse that day.

The following day I called Fitness Club Warehouse and asked to speak with James. I was told he was on a call and would call me back. Later that same day I received a call from James and I explained the whole situation. James claims that I still had a better upgraded model and was very adamant about it. We calmly argued back and forth for a while. I explained the situation again to him and said that Keys Fitness agreed with me that I received the wrong model. He finally said that I must have the wrong model and apologized. He said he would fix it by sending me the correct model. I told James at this point I've been through enough aggravation, and there are too many inconsistencies with what people are telling me. The whole thing sounded suspicious. Also, the lack of attention from the owner, Jim Rosen, just did not make me feel comfortable making a purchase with his company anymore.

I want to return the treadmill for a complete refund. James could not understand why I wouldn't let Fitness Club Warehouse send me another treadmill. James then informed me that, as per their website, they would pay for the return shipping and I would receive a refund for $1599.00 minus the $120.00 initial shipping fee to my house. I said to James that since they shipped me the wrong treadmill to begin with, I strongly felt that I am not responsible for the initial shipping charge and would like a full refund. Finally, James said he needed to transfer me to Marc, their shipping manager, and Marc would have to make the decision about the $120.00 initial shipping charge.

When I spoke to Marc, I had to explain the whole situation to him as he was not informed of my circumstances. He also said that he would ship me another treadmill. Again I said no and to please arrange a shipping pick-up to take back the original treadmill. When I asked about the $120.00 initial shipping fee he said that it's company policy and there is nothing he could do about it. I told Marc that if I received the correct treadmill originally and decided for what ever reason that I did not want it, then I would, of course, be responsible for the $120.00 initial shipping charge. However this was not the case. I also said to Marc that it was probably cheaper just to take back the original treadmill compared to shipping out another one to me.

I then asked Marc if I could speak to Jim Rosen and he said that Jim has gone for the day. Marc said to me that he agreed with my situation but that he must abide by Fitness Club Warehouse's policy as they write his paycheck. I told Marc to initiate the return shipping process, and that I would dispute the $120.00 with my credit card company.

Marc faxed me an RMA form which needed my signature. He requested that it be faxed back to him. The statement on the RMA form reads that I am responsible for the initial shipping charges.

At this point I have not signed nor sent back the RMA form and I have started the charge back process with my credit card company for $1599.00. I am writing for your assistance in order to help resolve my problem of what I believe to be fraudulent advertising from this merchant. I would like to know what additional steps you would recommend so that I may recover the cost of my purchase plus the original shipping charges. I believe I should be reimbursed for the original shipping charges because the product I ordered was not the product I received.

Thank you for your assistance in this matter.
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CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Below is a response I wrote to the Better Business Bureau:

As of February 11, 2004 this issue is not resolved.

On February 10, 2004 Adam from Key's Fitness told me they settled the problem with Fitness Club Warehouse and was told they would pay to ship the treadmill back and give me a full refund of 1599.00 to my credit card.

Marc Ericson, the shipping manager from Fitness Club Warehouse called me today and said they would ship the treadmill back but would not refund the initial shipping charges. I explained to Marc that Adam settled this problem with Jim Rosen the owner. Marc said he knew nothing of this.

I called Adam back at Key's Fitness and he said that Jim Rosen agreed to ship the treadmill back and issue me a full refund of 1599.00 on my credit card. Adam said he would call Marc immediately and straighten the situation out. So far no one from Fitness Club Warehouse has called me back and the refund policy date is on February 12, 2004.


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Below is a letter I sent to Fitness Club Warehouse:

April 14, 2004

In regards to: Incorrect treadmill shipped

Jim Rosen

Fitness Club Warehouse

8829 National Blvd.

Culver City, CA 90232

Dear Jim Rosen:

Subject: Final notification to retrieve your treadmill

This is your final notice to retrieve your treadmill from my domicile. I refuse to sign your Return Authorization form because it states I'm responsible for the initial shipping charges and fees associated with my order. As I've stated before numerous times you shipped the incorrect item and then tried to represent it as an upgrade. Then you later confessed that the model you shipped was not the model I ordered and not an upgrade. This is not a case of buyer's remorse. You shipped the wrong model. Your company's return policy does not supercede federal law. It is your error therefore your return policy does not apply and under the Fair Credit Billing Act you are responsible for all shipping charges.

I have been more then patient throughout this whole ordeal. All the while I had to house and store your treadmill and because of its size and location resulted in the loss of use of some of my domicile space. As of your receipt of this certified letter you have seven days to arrange for the retrieval of your treadmill. After the seven day period I will begin charging you storage and fees for loss of use of my domicile which will amount to $25.00 a day. Please remember that your treadmill has occupied my home since January 21, 2004.

Your prompt and courteous response to this matter will be appreciated. Please email your shipping arrangement to this email address:

Departure1@msn.com

Thank you

cc: Credit Card Charge Back Department

Better Business Bureau

Attorney General of California

Internet Fraud Complaint Center

Richard
Westbury, New York
U.S.A.