Leisure Living Superstore rip-off Was not able to deliver as promised will not credit my credit card $4,995 Temecula California

I would really like to speak to you. Please email me at (((ROR redacted))) I have been cheated by Leisure Living as well and wish to organize a joint action. This company has filed for Section 11 Bankruptcy in the Riverside Bankruptcy Court! You can go to the Riverside Cty's Bankruptcy web-site and pull up Leisure Living's Bankruptcy records which include all plantiffs suing Leisure Living, all Leisure Living's financial records and all listed creditors! While closing their Murrieta store last fall, Leisure Living distributed flyers for months claiming that "everything must be cleared to the bare walls...millions$ in Inventory to be liquidated in 3 days!!!" Leisure Living is now liquidating the Temecula Store and is circulating the same flyer with the same dishonest advertising pitch "everything must be cleared to the bare walls...millions$ in Inventory to be liquidated in 3 days!!!"
We need to unite as defrauded consumers to hold this company accountable, recoup the monies owed us and to protect the greater community who aren't familar with Leisure Living's business practices. Check out Leisure Living on the Better Business Bureau's web-site - Leisure Living is finally downgraded to a BBB rating which is almost unheard of if a company pays their BBB dues!! Search the web - there are alot of other unhappy customers! LETS NOT COMPLAIN INDIVIDUALLY. LETS TAKE ACTION TO HOLD THIS COMPANY RESPONSIBLE FOR FOLLOWING FEDERAL AND STATE CONSUMER LAWS!

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.

I was just made aware of this website and the consumer report against our Company. Although it has been close to two years since the report was entered we conducted a thorough review of the reported incident and are now responding. It should also be noted that I personally contacted Robyn at her place of business and left a voice mail message several days ago asking her to contact me to discuss her view and understanding of the matter. As of this posting she has yet to contact me.

As stated in the report filed by Robyn, she and her husband purchased a Spa from our store the evening of 2/4/03 contingent on it's being delivered the next day. The Spa was a model that was on display in our showroom and they paid in full, $4995 by credit card. Since I have not been able to contact Robyn directly I am not sure why the Spa was needed so quickly. Perhaps it was for a special function or event.

In order to fulfill our commitment we contacted a sub-contractor and paid them a premium to expedite the delivery by the very next morning. They removed the Spa from our showroom and delivered the spa along with all accessories as per the sales contract.

Upon delivering the spa the the customer asked our sub-contractor to perform the electrical work required to operate the spa. (The Spa requires a 220 volt 50 Amp circuit with GFCI and shut-off) The sub-contractor informed the customer that Leisure Living Superstore does not perform electrical installation and that they would need to contact their electrician for electrical work needed to operate the spa.

The customer contacted Bob Arnold, a manager in our spa dept. Bob, also explained that our Company does not perform the electrical work, is not licensed to do so and has never installed the 220 volt electrical work required to operate the spa. Bob, also pointed out that there is nothing in the sales contract that would give such an impression.

According to Bob the customer became upset and demanding that we take the spa back unless we were willing to install the electrical circuit from their electric panel to the spa.

Based on the customer refusal to accept the delivery the sub-contractor returned the spa to our warehouse facility pending resolution of the matter.

After two weeks of attempting to mediate a solution with the customer we issued a full refund to the customer's credit card of $4995 on 2/20/03.

After spending several hours reviewing the matter and conducting internal interviews and attempting to speak directly to the customer we have concluded:

a)Time was of the essence for this customer based on some compelling event that required delivery by the next day. In fact the sale was contingent upon it being delivered the next day.

b) Even though there was nothing in the contract regarding electrical work, the customer's adverse reaction to the electrical run not being performed by our Company seems to be a sincere belief by the customer that we did indeed perform this kind of service as part of the Spa delivery.

c) When the customer was informed that this was not part of the work performed by our Company and that they would need to hire an electrician as they did not have 220 volt electrical service where they were intent on placing the spa and it became apparent that they would need to go to additional expense and perhaps more importantly miss whatever event it was that motivated the next day delivery the customer no longer wanted to purchase.

Our conclusion:

We made every attempt to successfully fulfill our customer's desire for a next day delivery. We fulfilled our commitment and our contractural agreement.

So doing we paid our sub-contractor $350 ($100 premium) for an expedited job that also involved disrupting our showroom display. We paid our credit card Company $100 for processing the original sale via credit card (Most consumers are unaware that most credit card Company's charge a merchant when a sale is processed, however they do not credit back the charge when the sale is later reversed and the customer's card is credited)

A fair estimation of the cost to our Company for performing as we had agreed is:

$350 Sub-Contactor cost.
$100 Credit card Company cost.
$200 Internal costs

Total cost to our Company $650

Although we truly believe that we acted responsibly and professionally, we do make room for the possibility that even though it was an out of the ordinary, hurry up rush order, and our focus was to fill the needs of our customer by delivering their spa within a matter of hours, we perhaps failed to communicate all of the customer's responsibilities for providing the needed electrical service. We thus absorbed the loss and made a full refund to our customer's credit card.

Additionally, as Robyn noted in her report, she and her husband have previously purchased other products from our Company including a beautiful Harley Davidson Pool table. We truy appreciate their business and apologize for any part we may have had in the mis-understanding regarding their attempted spa purchase.

We hope to have a chance to service them in the future.

Sincerely

President,

Leisure Living Superstore

Robyn, I hope you get this message. First, I hope you disputed this charge with your credit card company by the exact guidelines stated on your credit card statement. Your credit card company would do an investigation and give you a full credit.

By law, refund policies must be printed on the business' invoice or clearly displayed at the company's place of business. I know from my own experience with Leisure Living that the business did not identify (in writing or otherwise) their refund policy. They do not have a legal stance to refuse a refund.

In my situation, Leisure Living broke numerous Consumer Protection laws and even when I brought the illegal actions to their attention, they chose not to comply with state and federal consumer protection laws. I am just one consumer who has been victimized and is initiating legal action against Leisure Living.

There is a lawyer that is considering a class action suite against Leisure Living as a result of consumer complaints. Please contact this web-site (file a Rip-off Report) and leave me contact information and I will get back with you immediately.

Fellow Leisure Living Victim