Damian Macioce Selling TSE Hets -- You Decide

Originally Posted by deborahbroadus

Additionally:

As an option to correct this: Is it possible that Damien could simply put an Ad in the newpaper with a time limit/deadline for people to get to him? I can't see anyone paying for the rest of their lives for an honest mistake.

I think that putting ads in whatever he uses to sell and maybe one or two of the ballpython forums would be sufficient. No one wants to see this guy or anyone else crucified for being hornswaggled by tse.

If he makes an effort, more effort than sitting and hoping no one comes knocking, he's done enough.

As far as time limit, I don't know if there can be one. So long as proof can be provided that someone has snakes sold as hets that aren't, AND he sold them as guarenteed hets, then he'll need to make it good to the satisfaction of the buyer, be it refund in full or part or whatever else THEY work out together.

Originally Posted by Wraith

As for a DBA (i.e. doing business as) - it has nothing to do with taxes.

That is not entirely correct...at least in NYS. While purpose of the DBA is to identify the business and attach it to the proprietor's name (and to ensure that nobody else is operating a business under that name), filing it automatically registers one with the State, and they send the proprietor a tax certificate (and begin with quarterly tax filings). Granted, that is only the sales tax portion, and does not deal with the income tax, but it a necessary evil in many (if not most) states.

Originally Posted by shrap

Simply put, if I sold someone hets that turned out not to be hets, whatever the circumstances, I would give them their money back. Simply because it is the right thing to do. For a business or a hobbyist.

Damian,

I want to make one thing perfectly clear about my only post in this thread. The one quoted above. In no way am I saying you are a bad guy in any way over this situation. I am just saying how I would personally handle the situation.

I dont think you are a thief, liar or bad guy in the slightest. You have always been a stand up guy in my eyes and this situation does not change that in the least.

So I hope you did not take my post as anything but what it was, which was about me and how I would deal with it if I was in your shoes. Not as an attack on your character.

As far as Damian goes, I can personally attest to his character. I have known Damian for a while now and KNOW that he wouldn't intentionally sell someone hets if he believed they weren't. Sounds like the person that started this thread has a lust for drama and starting witch hunts. If Damian had paperwork, but decided that those hets didn't fit into his plans and sold them, there is absolutely no crime or moral ambiguity in that. The threads concerning the person he bought them from were well after Damians dealings.
So now by posting here, I am sure I will be flamed as well. If that happens, so be it, but I refuse to not respond when a friend is being raked over the coals. Unless you have purchased the animals from him and have a valid dispute, there really is no reason for this thread. He has repeatedly said to call him and he will make it right...so call him. I have no doubt that he would give you way more courtesy than you probably deserve.
I actually got to know Damian from posting on the BOI about a guy who mailed me a rock, instead of my snake. Damian was very helpful in giving me ideas of how to resolve it. He didn't know me from Adam, but was looking to help a fellow Ohio hobbyist keep from getting ripped off. Doesn't sound like something a crook would take the time to do.
Some of you have WAAAY too much time on your hands.

Originally Posted by Wilomn

So, damian knew, or highly suspected, that the snakes he purchased from tse as hets were most likely not hets shortly after he purchased them.

Wes,

From what I've read in this thread Damian sold them a couple weeks after he purchased them from TSE, back in 8/05, and not until 9/06 did he suspect they were poss fake hets.

Can someone clear up this time line???

When did people actually honestly know that the hets were fake? Meaning when had they actually been proven out and not just suspected? Not once have I seen him not say he will take care of the situation. If someone comes back to him he has said he will take care of it. How far does he have to go to tracking this person down? Should he take out ads in the LA time or USA weekly? I have not once seen him deny to selling TSE hets or say he wasn't going to rectify the situation when it comes up and I'm sure who ever bought them will come back to him when they don't produce. So he has some time to decide how to take care of that situation wether it be holding on to some albinos to give them or whatever. I see him being guilty of maybe not making the best judgement but to tarnish his whole business or an issue he has accepted responsbility for and agreed to rectify defeats the purpose of the BOI.

One other thing I as wondering about, does the person who bought them from Damian even still own them? Did they re-sell them? And if so what is Damian's responsibility then?

And what if they have been re-sold 3 or 4 times since Damian sold them? Where does responsibility lie then?

Originally Posted by shrap

One other thing I as wondering about, does the person who bought them from Damian even still own them? Did they re-sell them? And if so what is Damian's responsibility then?

And what if they have been re-sold 3 or 4 times since Damian sold them? Where does responsibility lie then?

It's a harsh world.

My thinking on this is that Damian is responsible ONLY to the person he sold them too.

If the chain is 3 or 5 or 20 links long after his sale, and everyone of those people refunds the purchase price to their buyer, then Damian is on the hook to his.

If however, anyone of those subsequent sellers breaks the chain and Damian's original buyer never gets the snakes back, then Damian has no responsibility to do anything.

He's only responsible to the person he made the sale to.

John sorry I just heard my phone ringing but I missed I appreciate you coming on here and giving a true personal reference but be careful brother these jackals are hungry (not all of you just some and you know who you are) and no need for you to take any shrapnel. Sammy I'm telling you that if the person resold them after me selling to them I'm not taking care of that granted genetics don't change after the 2nd or 3rd time they are sold but for me to have to owe someone 3rd or 4th hand is not right. And to Wes I got rid of them long before I even expected they were not hets so the beginning of your original post is wrong. And another thing I was thinking about where does the fault lie with someone such as fauna or kingsnake letting these people push their fake animals not only them but the great carolina reptile exchange. This site as well as kingsnake has let their ads be advertised by others selling their hets so whats that make then accomplices??? I would have to say if I'm an accomplice then so are they. But nobody wants to touch that and this is the 2nd time I stated that fact.

My appologies on the timeline Damian.

As I said in my post above, you are, so far as I am concerned, only responsible to the person you sold them too. Going further up the page, I also said you were not a bad guy, though not as good as you might try to appear here. In between I out
lined what I thought was acceptable, what I myself woud do were I in your situation, to alert the buyer of this possible problem.

As far as KS and Fauna go, they're the paper the ad is printed on, not the police force you go to when you get ripped off.

It's up to each of us individually to do our homework. After that, as I just said, the world is harsh.