DTS herps (Bad Experience)

Your ad says: GUARANTEE: There is a live arrival guarantee on all amphibians

Theres nothing in your tos that says what will happen if express service was delayed and the frogs croaked (excuse the pun).


Jason Brown

Originally Posted by Dan Scolaro

In instances when reptiles are delivered as contracted, they are gladly replaced and/or a refund is issued if they are unfortunately demised. But that has happened a very few times to achieve customer satisfaction.

As in this case, express service was delayed and the frogs demised. For remedy, I went above the terms of express delivery guarantee live arrival and above what is standard in the industry and offered a free frog, additional frogs at cost, and to share the shipping.

Dan

And if your mythical TOS stated that as a remedy everyone would be agreeing with you. However, you simply stated Live Arrival Guaranteed. Those are your TOS on this transaction

Pay the lady Dan.

Wow. I simply can't foresee a long and prosperous business for someone who places the value of a few dollars so far above the value of a happy customer.

A couple of things that I can't help but comment on...

Dan says it's just part of doing business to accept the risks of shipping and both the seller and the buyer accept those risks. And yet...apparently, Dan doesn't accept ANY of the risk, because despite his promise of a live arrival, he will stick it to his customer if the shipper that HE chose to use messes up.

Secondly...Dan says that if he followed through with his promised guarantee, then EVERYone would be claiming their animals had died so they could receive free animals all the time. What the...??? Why even bother posting a guarantee if that's what you think people are going to do?

Ya know...it's said that people who lie assume that EVERYone lies. Those who are honest believe others in the world can be honest as well. If a businessman is SO afraid of everyone in the world ripping him off....what does that say about his own character???

Originally Posted by Dan Scolaro

In instances when reptiles are delivered as contracted, they are gladly replaced and/or a refund is issued if they are unfortunately demised. But that has happened a very few times to achieve customer satisfaction.

As in this case, express service was delayed and the frogs demised. For remedy, I went above the terms of express delivery guarantee live arrival and above what is standard in the industry and offered a free frog, additional frogs at cost, and to share the shipping.

Dan

Dan I'm not into frogs but have noticed that many sellers do not offer a live arrival guarantee on them. BUT You Did, that means that the frogs should be alive and appear healthy when your customer receives them. It doesn't matter if they were a day late or a week late as long as it was through no fault of the Buyer then by the Terms of Sale you posted in the add you owe the lady three Red Eyes shipped on your dime or a full refund. Not a free tree frog if she gives you more money, she shouldn't have to give you more money to get what you owe her.... Randy

Right. Dan - if you required "photos of the dead frogs within 2 hours of arrival", you should have emailed the customer about that beforehand, since that qualification doesn't appear on your ad.

Sorry, but should this go to small claims court, you'd be found at fault. Or, if the customer used a CC to pay and tried a chargeback, she'd win.

I have taken a screencap of the full KS ad, should anyone need it as proof of the lack of detail on the Terms of Service.

Originally Posted by Dan Scolaro

As in this case, express service was delayed and the frogs demised. For remedy, I went above the terms of express delivery guarantee live arrival and above what is standard in the industry and offered a free frog, additional frogs at cost, and to share the shipping.

Dan

what? what industry standard are you referring to? i personally wont buy from anyone who does not have a live arrival guarantee, period. and you have one. the "industry standard" is to honor your guarantee.

a shame too, i was looking at your eyelash vipers a few days ago. i am thinking of adding a few to my collection. But you don't seem to honor YOUR OWN live arrival guarantee.

dan, stop being stupid.

Pay the lady or replace the frogs.

You KNOW this is going to cost you more than it's worth if you don't.

Dan,
In my opinion everyone here is right. You stated your gaurantee and now you aren't following it. If you're TOS are anything other than "live arrival gauranteed" it should have been stated. Furthermore What are you thinking shipping with USPS. We all know they are unreliable. I personally wouldn't buy from someone shipping this way. Dan we all know that other breeders/dealers have been seriously hurt by complaints in the BOI. Please don't let this happen to yourself and make restitution to this woman.
Shaun

Originally Posted by ShaunMAuth

we all know that other breeders/dealers have been seriously hurt by complaints in the BOI. Please don't let this happen to yourself and make restitution to this woman.
Shaun

Dan has been the topic of negative BOI threads in the past. He still has not learned that you cannot screw someone over.

Originally Posted by Dan Scolaro

In instances when reptiles are delivered as contracted, they are gladly replaced and/or a refund is issued if they are unfortunately demised. But that has happened a very few times to achieve customer satisfaction.

As in this case, express service was delayed and the frogs demised. For remedy, I went above the terms of express delivery guarantee live arrival and above what is standard in the industry and offered a free frog, additional frogs at cost, and to share the shipping.

Dan

First of all, the contract for delivery was between you and the Postal Service, not the buyer. Your beef is with the postal service and it is up to you to get the money back from them. Also, If the package was not delivered as promised you should be able to get a refund on the shipping. I'm not sure about the animals but I doubt if they would be covered. Either way the buyer should not bear any responsibility, and if in fact you do get a refund of the shipping from the Post Office that money also belongs to the buyer because he is the one who paid for it. You had no money out of your pocket for shipping.

Second as a seller you are obligated to make sure the buyer receives what they purchased in the condition it was promised. You made a contract with the delivery company to deliver your product so in a sense they are working for you. If they screw up its your responsibility to make it right. As an example. Lets say someone buys 200.00 worth of frogs from you and you are going to deliver them yourself to a show. At the last minute something comes up and you can't attend. You have a friend who is going to the show so you ask him if he will deliver the frogs. He says yeah but he leaves them in his car all night and they freeze to death. Are you going to tell the buyer that you will replace the frogs at cost. I sure as hell hope not.

Third, there is no "standard" in this industry. Everyone is free to make up their own TOS and you made yours. LIVE ARRIVAL GUARANTEED. The frogs did not arrive alive and you need to replace them or issue a full refund.

Fourth your comment "But that has happened a very few times to achieve customer satisfaction." you are admitting that you have lived up to your guarantee in the past but you seem to pick and choose which bad deals you wish to make right. It makes me wonder just how many there are?

Fifth Your math in your responses simply does not add up. In each response you claim a higher amount is due and finally settle for half plus shipping. Trying to confuse the issue will not help the situation.

Bottom line is you owe the buyer a full refund for the DEAD frogs and for the shipping. This is not making you look good in anyones eyes.