Upstate Exotics (BAD GUY)

But why should I have to pay any money out of my pocket because they screwed up? I did agree to their shipping terms under the impression that the animal would be properly packaged and that any thing that could have happened during shipping would be UPS's fault and not thiers but since it was thier fault I feel that it breaches their shipping terms and obligates them to pay me for the cost of shipping. I paid them to package the animal properly and they didn't so I expect a full refund of $192.15.

I REALLY hate to be arguing in their defense, because I REALLY dislike their practices...


They were wrong, the right thing to do to would be to give you a refund of all costs. But if they want to fight the shipping costs, no matter how horrible the shipping was, they are protected by their terms which you agreed to.


Note that Upstate Exotics has been the target of countless complaints to the ASPCA, and nothing they can do at this point would really let them save face anyway...

I have nothiig but good to say aboutt Sal and Alison.I have had plenty of snakes and monitors sent to me and never once has it been inadequate. I have had 40 hr heat packs that fail... there are always duds out there. Can't blame someone who tried for equipment failure. Ok, Back to the monitor. I saw no such ads that said it was cb on kingsnake or on there web site. I was going to purchase I think the same monitor but was told it was sold. I did handle it and check it out and frankly I loved it. I can't see any of the garbage you are taking about ok if it had a tick. oooo it was an import. That is to be expected. Sometimes they get over looked. If it was that bad Where are all the picture to prove your statements....... I thought not. If you agrred to there shipping terms and still had them send it to you in fridged weather then your contract is void....Goes to show your "brains".
Upstate has only sold me quality stuff. If you guys up there read this... Thank you for the ALbino corn she is awsome. Pleasure to do business with Thank you.
Chris Duncan
Very Satisfied Customer

Gracie,

Once the weather warms a bit you can ship him back. Once he is received here I will paypal $165 for the original cost of the monitor.

That is where it's getting risky for you and the monitor. If he is in such bad shape and you wait too much you might end empty-handed.

You agreed to our shipping terms and I cannot refund the money for the original shipping. You can place a claim with UPS for the original shipping costs incurred, however the animal did arrive alive.

Not sure what they mean by that.

You can place a claim with UPS for the original shipping costs incurred, however the animal did arrive alive.

Completely out of luck with that one. Don't even waste your time.

And since they already lied to me once I want my money BEFORE I ship it back not after they get it.

That is not going to happen, not with them, not with the great majority of the breeders.

Wish good luck though!

If its in such bad shape make sure they agree in writing to refund you on reciept of the animal, dead or alive.

I wanted to ad to this thread that I received the e-mails from Upstate Exotics regarding this animal and they in fact did call it a CB animal. I think it is kind of funny that they would deny it when they proof was right there in their outbox all the time. Well this just goes to show another one has been caught is in misrepresentation.

I recently posted some snakes for sale on Kingsnake.com, and within hours had buyers. I recieved funds and was ready to ship. One package to Wisconsin and One package to Maine.
The weather turned for the worse and I phoned each person to tell them I was going to hold off for a few days until the weather was a little better. Both parties were very upset, but I held my ground. I stated that I would be the one being screamed at and money wanted from, if the said animals would arrive either dead or worse. So I stuck to my guns. I offered to refund their money if they like, for I would not put the lives of the animals over the profit. Needless to say, yes I did refund money to the person in Maine for the Green Rat snakes, and the person in Wisconsin, still angry, decided to wait it out. After he recieved his package, he emailed me and told me he had time to think about it and that I had in fact made the right decision. So, never let the customer tell you when and how to ship, only you will have the control over that. OR... like what is going on now, you will have to face the
consequence.

Ron you did the right thing and that is why you will have repeat customers..

however this is not a case of giving in to the customer's demands, this is a case of putting the customer's money ahead of both honesty and the safety of the animal.

I've had a very similar experience. I purchased a "CB" guyana redtail and received a WC. To me, that is misrepresentation (and upstate admitted to it apparently). So therefore, THEY did not abide by their contract because they shipped you an animal that you did not want and didn't pay for. So, IMO, they owe you a FULL refund. Yes, it's the animal in the pics (provided that there were in fact pics) and the animal referred to in the ad, but it was not CB and therefore, not the animal you ordered.

In my situation, I made the analogy of ordering an oven, and receiving a broken toaster from Sears (I think I said Sears, but anyway). If that had happened with Sears, do you think they'd have me paying the return shipping? NO!

Another analogy, if you ordered something from a mail order catalog, say, a t-shirt, and they sent you a pair of shoes, would you expect to pay return shipping? NO!

Again, do not budge in this situation. Do not pay anything for that animal and I would recommend charging them for any food you have to feed it while it's in your care, just to show them that their "business" (said with tongue so far in cheek, it's splitting through the side) practices will not be tolerated.

Good luck, and let us know how it turns out.
JB

sorry for any confusion, but I did not purchase the animal in the post above from Upstate Exotics. I was posting my experience with another seller and the situation mirrored the case at hand, so I thought it was relevant.

Again, sorry for any confusion.

And by the way, I still hold my position that ALL money spent by the buyer should be refunded.

JB