EVOLVE TREADMILL,TEMPO -Canadian Tire ,3516 8th ave NE Calgary - CAN'T BE RETURNED!!!!!!!

I bought a treadmill a week ago. On the first hour of use I noticed that the running belt keep coming of center and the equipment makes to much noise. I tried to contact TEMPO the manufacturer. Initially there was a recording saying" we are experiencing high volume calls please call us again in the next business day". I tried again and again when I finally was waiting for the a representative. After waiting for 45 minutes my call was disconnected.
In the next day after the purchase I went back to the Canadian Tire that I bought the equipment from. For my surprise the manager said that they wouldn't do a refund!!!
They said that a RA (return authorization) was needed from the manufacturer and that would take few
days. Now after many calls they are saying that I should deal this the manufacturer. No return for this item!!!
One of the managers not helpful at all ,the other one unpleasant not to say rude.

Anyone has any suggestions about what should I do ?

The CT web site ("Returns, Refunds & Exchanges | Canadian Tire") says, "If a product is defective, the manufacturer’s warranty will apply".

As I understand it, the manufacturer makes arrangements with Canadian Tire ahead of time regarding refunds and exchanges. Sometime, the manufacturers have agreed to give CT a refund for the defective item, so the store is OK to give you a refund.

Other times, the manufacturer wants to approve the refund/exchange with a Return Authorization. It would seem the manufacturer has refused to approve the Return. Either that, or the store has stopped trying to get one for you.

In other cases, it's basically a "no returns" item, and CT will refuse to give you your money back or an exchange (presumably because the manufacturer won't give CT the money back).

Now, there are different Consumer Protection laws in each province. Here in Ontario, there is the "Sale of Goods Act" and the "Consumer Protection Act" of 2002, which say the merchant has to give a refund on defective items. However, it can still be a fight (as you'll see in the "Sale of Goods Act" thread on this site).

I suggest you contact your provincial consumer protection office, and see what options you have in Alberta. I was told by the Ontario office that a letter threatening to sue the store based the laws here might scare the store into giving a refund. But you might have to actually sue the store to get anything back.

It's a crap-shoot whether or not items in a store are defective, and another gamble whether Crappy Tire will stand behind what they sell.

Unless you are 100% sure you'll be happy with it when you get home, don't buy from Crappy Tire - you could be stuck with it, or have to sue to get your money back.

Better to go to another store; one that will stand behind what they sell, instead of hiding behind the "manufacturer’s warranty".

(It's quite possible that a self-proclaimed store owner may chime in on this thread, tell you that this is all a bunch of B.S. and claim that you should cave into the demands of the store. Do your own research!)

I did a little checking, and I found this:

http://www.servicealberta.gov.ab.ca/...rading_Act.pdf

I suggest you do some research into the Fair Trading Act. In particular, it is an "Unfair Practice" when "Representing that goods or services are of a particular standard, quality, grade, style or model if that representation is untrue." This might be the case for your treadmill (i.e., Canadian Tire represented it as working properly by selling it to you, but the belt came off, and it was excessively noisy).

The act may entitle you to a refund. And in Ontario, if you paid by credit card, there is a provision to get the transaction reversed, based on misrepresentation.

You might want to call "Consumer Contact Centre. In Edmonton (780) 427-4088. Toll-free in Alberta 1-877-427-4088".

Thank you DavidLeR for your reply, very much appreciated.
As you suggested I contacted the "Consumer Contact Centre". They said that the only way I would be able to return the equipment would be through the Small Claims Court. But before I did my last call to the CT Customer Service (1-866-746-7287) and I mentioned that I was calling for the last time. And that I had no option but to take to the Small Claims Court. He put me on hold , trying to reach the manager from the store here in Calgary. After few minutes he said that he was unable to reach the manager. And the answer to my questions was NO, WE WILL NOT TAKE THE TREADMILL BACK, please contact the manufacturer TEMPO FITNESS.
Next day I went initially to register to make a "company search" (cost me $16 for a full search) just to make sure I had the right company name. The name I found for the Canadian Tire 326 was C.HEAD LIMITED. After that I went to the Court House were I filled out the forms and paid the $100 fee.
I was suggested to use as defendant name "C. HEAD LIMITED operating as Canadian Tire 326". With the papers I went to Canada Post to "serve the documents" mailing by registered mail. Then I went back to the Court House, gave them the receipt from the postal office and signed another document attesting that I mailed the documents to the defendant.
Few days after the manger from CT called me and said "no problem, you can bring the EVOLVE TREADMILL back for a refund". Today I finally gave that piece of junk back to CT and had my refund.
They just don't care if you are saying that they are going to be sued. Until they get the Court papers they will not do anything. UNBELIEVABLE!!!!
For anyone considering to buy an item from TEMPO FITNESS I would say that you are looking for trouble.
Even CT have trouble reaching them. Try to reach their customer service before you make a purchase.
Thank you DavidLeR for your reply to my post.

And I will never do any purchase at CT again.



Consumer Contact Centre. Toll-free in Alberta 1-877-427-4088
Civil (Small Claims Court)

Originally Posted by Unregistered

Thank you DavidLeR for your reply, very much appreciated.

I've been posting many messages in hopes of helping someone just like you. So I'm very glad for you!

Thank you for getting back to us, and letting us know what you did, and how it worked.

So far, these posts have just been a lot of speculation, so it's good to finally hear from someone who actually went this route.

Originally Posted by Unregistered

Today I finally gave that piece of junk back to CT and had my refund.

Based on what I've seen elsewhere on this site, I expect we'll hear from store owners claiming this can't possibly be true, you must be making it all up, let's see some proof, no store would ever do that, etc.

Personally, I'm inclined to believe you. Hopefully we'll get some more reports on this site of other ripped-off customers who've made the system work for them.

Too bad you had to spend the extra money doing all the paper-work, but at least you were able to reduce your losses.

Originally Posted by Unregistered

For anyone considering to buy an item from TEMPO FITNESS I would say that you are looking for trouble.

If these treadmills really are bad products, I hope CT will figure this out and stop selling them. It may take a lot of lawsuits, though, to drive up their costs.

Perhaps they will also start abiding by the consumer protection laws of the provinces in which they operate. I'm not holding my breath while I wait, though. When they cheat customers on lower-priced items, it's not worth it for the customer to sue.

Originally Posted by Unregistered

Try to reach their customer service before you make a purchase.

Excellent idea. Unless the store has a decent return policy, you may find out that the manufacturer isn't reliable.

Originally Posted by Unregistered

And I will never do any purchase at CT again.

I've said it before: if you can't be 100% sure that the item will do its job for a full year, don't buy it there - go someplace that will give you your money back without having to sue them first.

Things like soap and nails should be pretty safe. Even with light-bulbs and toasters, you are taking a chance. How can we know what arrangement CT made with the manufacturer ahead of time, and if CT will try to screw us over?

Thanks again for the update.

The return policy for some products can be very complicated, as it depends on the warranty of the manufacturer sometimes. I tried several times myself to reach tempo fitness, and they can be hard to reach. The returns for Fitness equipment at CT 326 needs a RA number from the manufacturer, and the customer representative will need to confirm that RA number with the manufacturer before giving anything back to customer. Most products in the store get exchanged if defective, but it is not the case for a treadmill.

The first thing they try to do by requesting a RA number is that you communicate with the vendor/manufacturer to get it fix. Most problem with treadmills will be dealt with by sending a replacement part to customer. Higher quality treadmills also include in-home service of technician. This kind of warranty(repair warranty) as the advantage of lowering the quantity of treadmill sent to the canadian landfills. A defective evolve treadmill wouldnt have that in-home service to my knowledge, and a replacement part would nt be sent, as that treadmill comes all assembled. So if the treadmill is not performing what it is suppose to do ("quiet operation" is ambiguous term and might not be an argument strong enought unless shown otherwise), you should eventually get a RA number and be able to return it. Problem is, long time to reach the manufacturer.

The other reason to call manufacturer first for a problem with a treadmill is to avoid the hussle of carrying back and forth a heavy piece of equipment. Some treadmills weight more than 300 lbs, and many people need to ask a friend or pay for a delivery.

In any case, before buying expensive products from any store, a wise customer ask about return policy for the product, the warranty for it, ask to try it or see a display if available. Customer also have to understand and go on a less busy day sometime, both to try the product or to return it, as retail staff might be busy with a thousand customers, or the line up for returns strech to the entrance door. If it is a big inconvenience to show up at store on week days, try to go early on weekends, and take phone number of store to call back for warranty informations, thus avoiding to wait in line for 45 minutes on a saturday afternoon.

Thanks for the information, and especially for the tips on when to shop, how to shop, and how to deal with returns.

However, some of your statements are incorrect, at least in provinces that have a Consumer Protection Act (CPA).

Originally Posted by Unregistered

The return policy for some products can be very complicated, as it depends on the warranty of the manufacturer sometimes.

In most provinces, the CPA says that the retailer (including Canadian Tire) has to provide a refund or exchange (at the customer's discretion) for a defective item, regardless of the warranty or the store's policy.

For Ontario, see this thread:

http://www.canadiantiresucks.net/general-canadian-tire-complaints-chat/707-sale-goods-act.html

Originally Posted by Unregistered

I tried several times myself to reach tempo fitness, and they can be hard to reach.

It might be worth getting your refund straight from the store, based on the CPA, instead of trying to reach the manufacturer.

Originally Posted by Unregistered

The returns for Fitness equipment at CT 326 needs a RA number from the manufacturer, and the customer representative will need to confirm that RA number with the manufacturer before giving anything back to customer.

If the store complies with the law, and gives the customer a refund, then the store can figure out all that RA stuff for themselves, without dragging the customer into it.

Originally Posted by Unregistered

Most products in the store get exchanged if defective, but it is not the case for a treadmill.

The CPA says that all defective products can be refunded or exchanged, depending on what the customer wants. (There's no special law for tread-mills).

Originally Posted by Unregistered

The first thing they try to do by requesting a RA number is that you communicate with the vendor/manufacturer to get it fix.

Sure, if that's what the customer wants. I'm just pointing out that there are other options (like refund or exchange by CT).

One of the reasons people say, "Canadian Tire Sucks" is because of this illegal "repair only" policy, and the untrue claim that "the manufacturer's warranty will apply".

I'm not saying that manufacturer's warranties aren't useful, or that dealing with the manufacturer isn't an option. Just that there are other options.

Instead of providing customers with the refunds or exchanges they are entitled to, the CT corporation tries to deceive people who don't know their legal rights, and denies innocent customers a fair remedy.

Davidler........can you give me the section of the Ontario CPA you are referring to in regards to customers being entitled to a refund or exchange on defective items. I can't find it, although there is a section on what a customer is entitled to if the seller refuses to honor the warranty.
Thanks

Originally Posted by Unregistered

Davidler........can you give me the section of the Ontario CPA you are referring to in regards to customers being entitled to a refund or exchange on defective items. I can't find it, although there is a section on what a customer is entitled to if the seller refuses to honor the warranty.
Thanks

you cant find it because it doesn`t exist. as far as i can tell, davidler has a loose interpretation of the words contained in the act and is trying to twist them into a bunch of legal bullshit thinking he is entitled to something. i work in law, in ontario. i have a ton of experience in consumer law. when you pay for your item at canadian tire or another store you are entering a legal contract. that contract is you agreeing to the terms of that specific product. in the case of anything at ct, the receipt clearly states that you can return any unused unopened item within 90 days with a receipt to any store. no receipt, no warranty or return must be honoured by law. the retailer may or may not choose to help you at their discretion if you don`t have proof of purchase.
with a receipt, if the product is defective you are now bound by the warranty. the retailer determines the warranty for the product, which can include exchange, refund or (sorry davidlers) repair, for the period of time they specify. most customers have zero idea what the warranty of everything they buy is because they never ask especially consumer goods, until they try to return it or exchange it, then they ask about the warranty.

be very cautious with the wording of such acts. in breach of contract situations, failure to deliver pre-ordered goods, and sales of services, you are protected to a high extent as a customer and refunds are the standard result. in a fair exchange of goods, such as you walk in to a store, knowingly purchase a heater (example) pay for it in full, and take delivery of the goods immediately you entered into the sellers terms of sale and are not entitled to a refund once the item is opened or used. you are not protected to the extent you are reading. the consumer protection act, and all of the related acts are simply designed to protect the consumer in the event that the seller fails to meet warranty obligations. these acts will not and do not dictate to the sellers that a refund is your right.

davidler i don`t know where you have obtained your facts but i would strongly urge caution in telling these other forum users that they are entitled by law to something. truth is, retailers spend millions to ensure that they know the laws and operate within them. the chances that you know something they don`t, is if i can put it gently, slightly arrogant on your part. if you won`t trust them, that`s understandable but trust a legal expert, no law entitles you to a refund. repair warranties are legal and quite common. keep your receipts, without them, there is no obligation or legal right to anything.

hope this helps

Originally Posted by Unregistered

Davidler........can you give me the section of the Ontario CPA you are referring to in regards to customers being entitled to a refund or exchange on defective items. I can't find it, although there is a section on what a customer is entitled to if the seller refuses to honor the warranty.
Thanks

Certainly.

Please refer to the following resources:

1) For a overview of this topic, see my earlier post on a different thread, with links to interpretations and summaries by various consumer advocates, lawyers, and goverment agencies:

"Sale of Goods Act" (i.e., post #35 of the tread)

See also this page by the Legislative Assembly of Ontario (who passed the laws):

"Legislative Assembly of Ontario | Bills & Lawmaking | Past & Present | 37:3 Bill 180, Consumer Protection Statute Law Amendment Act, 2002"


2) More to your question, links to the actual legislation, along with my own well-intended (put non-professional) interpretations, see this post:

"Sale of Goods Act" (i.e., post #43 of the thread).


3) If you want to hear from the relevant Ontario government agency yourself, contact
In Ontario the Ministry of Consumer Services at "Ministry of Consumer Services - Consumer Protection, Consumer Education, Consumer Information" or call them at 1-800-889-9768.

I hope these are of use to you in your research.

Or, your could just take the word of "lawguy", and just assume that none of this exists. Maybe if retailers ignore it long enough, it'll all just go away?