Cindy Chicvara -aka- Dragonlady58 - take a pass! - FaunaClassifieds
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Old 01-06-2006, 01:23 PM   #1
critical bill
Cindy Chicvara -aka- Dragonlady58 - take a pass!

Afternoon all....

I had an auction winner, Cindy Chicvara, aka Dragonlady58, back on 12/19/05. The auction was on reptibid and was for a pair of adult breeding hi-colored eastern box turtles. The winning bid total with shipping was $195. I emailed Cindy with the total and payment instructions. At first her earthlink account kept bouncing my emails back...so I tried to email her from my personal ISP account and not my business email address. Same thing, except earthlink this time requested that I fill out some form to be an approved sender on her email list. Obviously she blocks spam and uses earthlinks spam tools and thats fine, but I don't have the time nor the desire to start filling out any forms. Needless to say...I'm never happy if I have to jump through hoops in order to get an email out to someone. I deal with spam and not at the cost of my customers or vendors time. I expect the same.

Anyway..with luck..Cindy must have gotten my emails...as she paid within a day the total amount due of $195 via PayPal. I scheduled her delivery for 12/26 for an overnight AM delivery with UPS. Our weather was fair at that time, mild for December, however, we simply could not arrange for a pickup with UPS during the holiday season. They were simply to busy to get to the backroads we are located on. Its not a problem for them off-holiday, but during seems to be our only exception. A further explanation of the shipping delay is explained in the emails below. In fact I think the emails pretty much explain the whole matter and my stance on the whole situation.

I'm just giving those here who sell on reptibid, and perhaps elsewhere, a heads up on this woman. She does not seem to be a decent and rational person to me at all. I do understand the panic that must befall a person when all communication ceases and they are simply left to hang. I read about that kind of crap here on a daily basis. But I didn't do this to her. Communication never stopped and I don't think I could have been any clearer in any explanation I offered to her. Numerous times I offered a FULL REFUND. When I sell an animal its because I'm not utilizing the animal(s) in any projects. I sell them because I could use the space for other projects. Hence moving those animals out of my collection, once they have been paid for, is a top priority for me. But not at the expense of the animals safety and not at the expense of allowing any customer to take a giant crap on me.

Heres the emails from end to beginning, scroll down and read up:

-----------------------------------------
From: "Chuck" <admin@akeeperschoice.com>
References: <4157-22006156832375@earthlink.net>
To: <caninelove@earthlink.net>
Subject: RE: Fw: Re: Reptile Auction Winner Invoice

Nope, no matter how I add it up, it hasn't been two months. And...I do not accept your empty apology. You're a liar so it means absolutely crap to me. Your payment was received on 12/21/05, AS A FACT. Its now 1/06/06. Do the math, Cindy. You're not that ignorant that you don't know how many days make up a week and how many weeks make up a month...are you? When you deduct the amount of time that we suspended all shipments during the holidays....you've not been waiting that long at all. Seriously...do you suffer from a real problem or condition that limits you to basic addition and subtraction? If so, just say it, and I'll realize I made a huge mistake and take your psycho babble for whats it been worth.

I have never offered you any excuses, but rather...I stated the facts surrounding your order and delay. If I were any more on the money with the facts surrounding your order...I could be employed with the weather channel by day and UPS by night!!! That is how often I was in communication with both in pursuit of a safe delivery for you.

You're entitled to your refund so request it through PayPal and I'll issue it when I find the time for you. Sorry, but you're now on my very back burner. If you would have been decent, even slightly courteous to me, you wouldn't have have to wait for a thing and have my full cooperation. But you chose to threaten my business and lie to me for absolutely no good reason whatsoever. I'm sad you chose the low road when it came to communicating with me, but that was your choice to make. Now you're on the low road. Now you get the same type of attention in return.

You want this over? Just email PayPal, but don't email me anymore. Force me to tell you through my attorney and your $195 will be used for that expense with any additional balance being billed to you. If you think I'm joking just do try me once and I'll make you my pet project for 2006. I cannot tell you how much I do not like being threatened and lied to, and I don't think you're grasping this with continually dancing around the edge with calling me some deadbeat seller by implying I cannot meet my end of the deal. You're on the edge...so please back up....before this becomes a costly lesson for you. Last warning. K? File with PayPal.

P.S. For the record.....your total paid was $195, not $165. I need to remind you exactly how much you paid, and you think me as dishonest? You state that my animals would have been in great care with you? I think you'd have forgotten to feed them if you didn't tie a string around your finger daily. That you imply your puppies are precious, and that these turtles are not nearly as, have me believing you're a real sick psychotic woman. Perhaps if they had fur, and could lick peanut butter off ya, you'd think higher of them.

Good Day....
Chuck


-------Original Message-------

From: caninelove@earthlink.net
Date: 01/06/06 03:03:07
To: Chuck
Subject: RE: Fw: Re: Reptile Auction Winner Invoice

No, seriously, it is close to two months... one week off and I am sorry I jumped the gun but if you cannot ship the turtles, promised in early December, then please REFUND MY MONEY for the purchase price and shipping, $165 total. I do ship precious puppies in cold weather because they can take it without heat packs or insulation. If you feel your turtles cannot, then please wait for a buyer in the spring. I am shocked by your response. The turtles would have had a great home in Florida, where they belong, but you choose to postpone the shipping date, not me. Keep the turtles (at my loss because I love box turtles) and REFUND MY MONEY BY January 10, 2006.

Thank you, but I think your use of my funds, through PayPal, did not meet what you originally represented....
Just my humble opinion... between you and me.
Cindy Chicvara
PS, tired of waiting at home for promises someone else cannot keep... no turtles in my Christmas stocking this year... so shame on who??

C. Chicvara
caninelove@earthlink.net
http://home.earthlink.net/~caninelove


----- Original Message -----
From: Chuck
To: caninelove@earthlink.net
Sent: 1/4/2006 7:55:30 AM
Subject: RE: Fw: Re: Reptile Auction Winner Invoice


Seriously.....who do you think you're threatening? I've maintained a perfect premiere business account with PayPal since its introduction on the Internet and without a single instance of fraud or unresolved claim. You're lucky I'm not on the phone with PayPal now contacting my business representative to lodge a complaint about your threat. I warn you....do it again and I'll do my best to put you back in the stone ages mailing money orders for your purchases. I do not take kindly to threats of any type.

Get your fact straight and start reading your damn email's. Stop blocking people from sending them to you by using earthlinks spam tools. Check your spam folder for our replies....they have to be in there because we have copies of all successful email's sent to you.

Its been two, maybe 3 weeks, since we received your payment. NOT two months as you stated, so lets just can the exaggerations, shall we? You're not a child that doesn't know what day it is from what month it is...are you? I know I'm not, so maybe I should do the time keeping for the moment until your sure. I've kept in close contact with you every step of the way, emailing you almost every other day to keep you informed. I offered updated pics so you would know that the turtles were doing OK. My last email completely explained this most recent delay. Its not my fault you didn't get these emails. When I'm trying to find the ideal temp to ship during the winter months I expect better communication than you have so far provided. However inconvenient this might be to you, be assured its no concern of mine, as my only concern is for what's best for the animals always. Our history with trying to get your order out is as follows: Your order was placed a few days before Christmas, 12/21/05, to be exact I believe, and we could not get a pick up in our area during the holiday season and postponed all shipments until January 2, 2006. We notified you of this delay and offered a full refund. YOU DECLINED. Next we attempted a shipment on Tuesday 1/3/06, but unfortunately we are under a foot of snow from a passing storm Monday night and nothing was coming in or out of our area by truck. UPS rescheduled the pickup for today and guaranteed the package to be picked up by 1pm for a delivery to you on 1/4/06.

Now....aside from all that..... you do have a clue that we are located in the northeast and our current temps are now 28 degrees outside? And you want me to ship these turtles to you anyway? Would you ship a puppy in this weather Cindy? You're a dog breeder so I think thats a fair question. I'm glad I'm turning the UPS driver away today and canceling your order. Your business is business I truly do not need and do not want. You're aggravation in the making and thats something I don't need any part of. This delay has provided me with some great insight into your character and I cannot be grateful enough that my animals will never lay foot on your soil or rest in your care.

Go ahead and request the refund through PayPal and I'll provide it to you when I have the chance.

Hows that for an immediate reply Cindy?

Sincerely,
Chuck
A Keepers Choice

-------Original Message-------

From: caninelove@earthlink.net
Date: 01/04/06 03:57:02
To: Chuck
Subject: RE: Fw: Re: Reptile Auction Winner Invoice

Seriously, send me my purchase or refund my purchase. This waiting around has become boring....
Two weeks is bad, but two months has become unexcitable, and I am currently without funds.

If you want to keep your PayPal account, please reply immediately.

Thank you, Cindy

C. Chicvara
caninelove@earthlink.net
http://home.earthlink.net/~caninelove


----- Original Message -----
From: Chuck
To: caninelove@earthlink.net
Sent: 12/28/2005 10:05:52 AM
Subject: RE: Fw: Re: Reptile Auction Winner Invoice


Hello Cindy,

I apologize for the delay in reply. I emailed you yesterday, however I don't think you received it, because as I explained we are having some minor difficulty with UPS picking up packages in our area during this holiday season. I spoke with a rep at UPS and this delay is only because of the holiday schedule and will resume to normal pickup and delivery in our area on Jan.2, 2006.

I can schedule your delivery for 1/2/06 overnight delivery if this is OK with you. I'm very sorry for all the confusion and delay, but each day we have waited for UPS to pickup your package but they simply never showed. I am a bit situated off the beaten path off UPS, but I've never experienced a delay like this. I can assure you though that there will be no further delays. Should UPS not arrive at my facility to pickup by 12pm on 1/2/06 as they have promised, I will personally drive the 90 minutes to the UPS main hub and process your package in person.

If this is at all a problem for you I will process a refund to you immediately. Just let me know.

On a side note: The male and female boxies locked up early this morning in copulation and have been remained locked for the past several hours. I would expect nesting behavior and egg laying sometime between April and June.

Thank you so much for your patience...

Chuck
A Keepers Choice

-------Original Message-------

From: caninelove@earthlink.net
Date: 12/28/05 02:01:38
To: Chuck
Subject: RE: Fw: Re: Reptile Auction Winner Invoice

I am still anxiously awaiting my beautiful box turtle pair and today (now Wednesday) is as good as any. Thank you for the information and let me know if there is any further delay. I fully understand since my entry for the Eukanabu National Invitational Dog Show was returned today as received too late. I sent it a day ahead of time overnight US Mail. Unfortunately, the only thing guaranteed was the postage, my entry remains declined. It was a big event for my breed. Oh well, maybe I will do better with reptiles this year...

Looking forward to good fortune that turtles bring,
Cindy

C. Chicvara
caninelove@earthlink.net
http://home.earthlink.net/~caninelove


----- Original Message -----
From: Chuck
To: caninelove@earthlink.net
Sent: 12/26/2005 10:18:23 AM
Subject: RE: Fw: Re: Reptile Auction Winner Invoice


Hello Cindy,

I just wanted to touch base with you regarding your shipment.

We are awaiting a pickup of your package by UPS. However we have just been informed by UPS that pickups have been slow due to the heavy volume of packages they are handling during this holiday season. Every effort to get your package out today is being made, but there is a chance it may be delayed until it can be picked up tomorrow Tuesday 12/27. I apologize for any inconvenience this may pose on you.

I close shop at 6pm so I will email you then to let you know if the package was picked up today. If you cannot receive a package on Wednesday 12/28, and would rather have a refund, I completely understand and would honor your request. Just let me know what works best for you.

Best,
Chuck
A Keepers Choice





-------Original Message-------

From: caninelove@earthlink.net
Date: 12/21/05 23:59:56
To: Chuck
Subject: RE: Fw: Re: Reptile Auction Winner Invoice

Monday or Tuesday arrival after the holiday weekend is perfect. Thanks,
Cindy

C. Chicvara
caninelove@earthlink.net
http://home.earthlink.net/~caninelove


----- Original Message -----
From: Chuck
To: caninelove@earthlink.net
Sent: 12/21/2005 6:03:21 PM
Subject: RE: Fw: Re: Reptile Auction Winner Invoice


Hello Cindy,

I just wanted to confirm that I have received your payment and I thank you so much. It sounds like the box turtles are going to a wonderful home and I'm quite happy because I've grown quite fond of them. My next shipping date is Monday 12/26. If this sounds like a good date for you just let me know and I'll schedule the delivery with UPS.

Thank you again for your prompt payment and please feel free to email me with any questions you may have.

Best wishes for the holidays...
Chuck
A Keepers Choice

-------Original Message-------

From: caninelove@earthlink.net
Date: 12/21/05 01:22:27
To: Chuck
Subject: RE: Fw: Re: Reptile Auction Winner Invoice

I will send payment just after this post is sent. I look forward to providing the optimum home for the box turtles. Since I live in Florida, they will be outdoors in a partially sunny, mostly shaded flower box with a terrific irrigation system and lots of fresh clean soil for breeding. It probably equals at least a 200 gallon area if it were a tank or other habitat.

Beat of the season to you and yours,
Cindy

C. Chicvara
caninelove@earthlink.net
http://home.earthlink.net/~caninelove


----- Original Message -----
From: Chuck
To: caninelove@earthlink.net
Sent: 12/20/2005 6:42:31 AM
Subject: Fw: Re: Reptile Auction Winner Invoice


We need to hear from you soon before the auction item is re-listed and negative feedback left. Please contact us immediately to confirm your order.

Thank You,
Chuck
A Keepers Choice

-------Original Message-------

From: Chuck
Date: 12/19/05 15:48:44
To: caninelove@earthlink.net
Subject: Re: Reptile Auction Winner Invoice


Hello Cindy,

Congratulations on your winning bid. Below is your total now due along with our PayPal address to submit payment. Once your payment is received we can schedule a date for shipping. Currently with the holidays at hand my next shipping date is Monday 12/26. If you have any questions regarding the auction please feel free to email me.

Auction#1135005216 - $150.00
UPS Overnight - $45.00
-----------------------------
Total Due: $195.00

PayPal address: sales@akeeperschoice.com

Thanks again for your business!

Chuck
A Keepers Choice
---------------------

END
 
Old 01-06-2006, 02:02 PM   #2
gmherps
Someone (Ms. Caninelover) needs to invest in an abacus(sp) and a calender.
 
Old 01-06-2006, 02:13 PM   #3
norsmis
Wow Chuck, looks like you got a live one on the line! I get a little impatient when ordering animals on line also but to exaggerate 3 weeks into 2 months is a little overboard. And with her being a dog breeder, you think she would understand the shipping problems during holidays. Most breeders, me included wont even think about shipping in December. Too many problems can occur with delays and that turns into DOAs!
 
Old 01-06-2006, 02:55 PM   #4
Mike Greathouse
Chuck,
I have one question. In your email to Cindy on 12/28/05 you stated:

Quote:
I can schedule your delivery for 1/2/06 overnight delivery if this is OK with you. I'm very sorry for all the confusion and delay, but each day we have waited for UPS to pickup your package but they simply never showed. I am a bit situated off the beaten path off UPS, but I've never experienced a delay like this. I can assure you though that there will be no further delays. Should UPS not arrive at my facility to pickup by 12pm on 1/2/06 as they have promised, I will personally drive the 90 minutes to the UPS main hub and process your package in person.
Obviously, UPS once again did not make this scheduled pickup. Was there any communication between you and Cindy after this missed pick-up, but prior to her email to you on 1/4/06?
 
Old 01-06-2006, 03:10 PM   #5
critical bill
Quote:
Originally Posted by gmherps
Someone (Ms. Caninelover) needs to invest in an abacus(sp) and a calender.
Heh heh...yeah...but....an abacus is a manual device with sliding rods and moveable parts. I dont think its a stretch to say that she'd be challeneged with a device as simple as a calculator. Maybe she even has one and its solar and shes been using it in the dark.....
 
Old 01-06-2006, 03:24 PM   #6
WebSlave
Quote:
Originally Posted by critical bill
I scheduled her delivery for 12/26 for an overnight AM delivery with UPS. Our weather was fair at that time, mild for December, however, we simply could not arrange for a pickup with UPS during the holiday season. They were simply to busy to get to the backroads we are located on. Its not a problem for them off-holiday, but during seems to be our only exception.
UPS was open and running on 12/26? That surprises me. I was an official holiday at FedEx and they were closed down completely as far as I know. I think most businesses were closed that day.
 
Old 01-06-2006, 03:37 PM   #7
critical bill
Quote:
Originally Posted by Mike Greathouse
Chuck,
I have one question. Obviously, UPS once again did not make this scheduled pickup. Was there any communication between you and Cindy after this missed pick-up, but prior to her email to you on 1/4/06?
No, I don't believe there was. We put in a full day Friday 12/29 without hearing back from her, and a half day Saturday 12/30 with frequent checks at home to see if she responded back....just in case.

I informed her by email on 12/28 the following:

"I spoke with a rep at UPS and this delay is only because of the holiday schedule and will resume to normal pickup and delivery in our area on Jan.2, 2006."

"If this is at all a problem for you I will process a refund to you immediately. Just let me know."
 
Old 01-06-2006, 03:51 PM   #8
critical bill
Quote:
Originally Posted by Rich Z
UPS was open and running on 12/26? That surprises me. I was an official holiday at FedEx and they were closed down completely as far as I know. I think most businesses were closed that day.
The UPS website took the order, but it wasnt until the order had failed to be picked up that we became concerned and called UPS to speak directly to a rep. That rep informed us of excatly what you just stated with the additional information that we are technically off the beaten path...so holidays would prove extremely difficult, if not impossible, for a pickup. This is actually the first time I've ever tried to ship on or around the holiday season, and only because our temps have been extremely mild, so I truly had no idea. At that point I explained the delay to Cindy and offered a full refund if the delay was unexceptable.

All she had to say is "Chuck I want a refund", and poof there it would be. Its not her fault for the delays by a mile. But it is her fault for losing all sensability, self control, and attemtpting to squeeze me and imply I'm something I'm not.

For that she can suck wind and put her request for a refund through PayPal.
 
Old 01-06-2006, 03:54 PM   #9
Mike Greathouse
Chuck,
Here (and this is strictly my opinion) is where I feel things went wrong.

You told Cindy on 12/28/05 (after previous delays) that you were rescheduling the shipment for 1/2/06. You also told her that if UPS did not make the pickup on 1/2/06, that you would drive the animals to the UPS hub and personally make the shipment.

I think that any reasonable person would assume that either the shipment would be picked up by UPS on 1/2/06 or be hand delivered by you on 1/3/06.
Without providing any communication to Cindy and based on the previous delays, I don't feel that she was out of line on 1/4/06 with her email regarding the status of her turtles.

Granted, she should not have threatened your Paypal account in her email, but I really think that you over-reacted. Especially since, this shipment had already experienced delays.

I can only assume that the two of you had not done any business together in the past, so I can understand that she might think that you were now stalling her.

Chuck, I and most everyone else here knows that you are a good guy in the business. But given the circumstances, I can understand Cindy's apprehension.

On a sidenote, Cindy also made a purchase from me on Reptibid on 12/19/05. As a matter of fact, she purchased a copy of The Box Turtle Manual. It would seem that she had every intention of providing for these animals.

Our transaction was flawless and I found her to be very charming.

Perhaps, both you and her could back up and take a second look at this and make this a successful transaction after all.

If I can help in any way - just ask.
 
Old 01-06-2006, 04:25 PM   #10
WebSlave
This year was about a worst case scenario with the official Christmas and New Year holiday falling on a Monday, which is a primary shipping day for most businesses. It sounds like some of the problems in this issue may have been directly related to this situation. For the last several years, I have simply suspended shipments from December 10th (or thereabouts) until after the New Year simply because the chance of mishaps is just greatly magnified during this time of year.
 

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