DTS herps (Bad Experience)

You guys are right.

I thought this out a bit today and agree that the terms could be confused and unspecific.

After seeing so many pages and lines of other folks terms over the years, it distracted me as a consumer and I thought so many wordy terms meant someone wanted an out excuse, so did not wish to impress that. I wanted to make a term about live arrival guarantee, not placing the word refund or credit behind it to avoid folks who might scam.

As experienced so far, most people ordering frogs seem to be hobby folk and I have been scammed before or attempted to be scammed, so leaving the window open for interpretation is risky so I need to change my terms when shipping risky amphibians. Although I must admit I have shipped thousands of frogs and only a very few, like 4-6 have died in hundreds of orders.

But I enjoy making people folk happy and admit I made a mistake.

I am going to ship her 5 beautiful frogs at my cost and offer my apology to her for being bothered to go this far and to and those who spent much time making constructive comments.

Dan

Originally Posted by Dan Scolaro

You guys are right.

I thought this out a bit today and agree that the terms could be confused and unspecific.

After seeing so many pages and lines of other folks terms over the years, it distracted me as a consumer and I thought so many wordy terms meant someone wanted an out excuse, so did not wish to impress that. I wanted to make a term about live arrival guarantee, not placing the word refund or credit behind it to avoid folks who might scam.

As experienced so far, most people ordering frogs seem to be hobby folk and I have been scammed before or attempted to be scammed, so leaving the window open for interpretation is risky so I need to change my terms when shipping risky amphibians. Although I must admit I have shipped thousands of frogs and only a very few, like 4-6 have died in hundreds of orders.

But I enjoy making people folk happy and admit I made a mistake.

I am going to ship her 5 beautiful frogs at my cost and offer my apology to her for being bothered to go this far and to and those who spent much time making constructive comments.

Dan

Good thinking and well done.

IF you feel it necessary, having had so few losses over the years, be sure to re-write your TOS to cover EVERYTHING you want it to and not leave it saying one thing to you and another to your customers.

Good to hear.
Like Wes said, you can amend your TOS for future deals to cover things like this. As long as you are specific as to what entails live arrival, you will be able to avoid this in the future.
Stating live arrival without having examples of what would void that can cause problems.
Your TOS should be an ever evolving document.

I had to add something to mine a few years ago that I never would have thought was needed until the situation arose. Now I have it in my TOS to prevent me from taking a bath if it ever happens again.

From my TOS

No packages will be shipped until a destination address is confirmed in writing via email. The buyer is responsible for providing a correct shipping address. Seller assumes no responsibility for the loss or delay of a shipment if the buyer confirms an incorrect shipping address. Live arrival is not guarenteed if the confirmed address is incorrect or incomplete.

Originally Posted by Dan Scolaro

You guys are right.

You just got to love this site......With enough encouragement most do the
right thing.........

Dan, here's the TOS I use. Feel free to chop it up to suit your needs. I think it's pretty good.

Terms of Service and Guarantee

Unless otherwise stated all snakes will be eating on their own, properly sexed and outwardly healthy when shipped

Live arrival is Guaranteed ONLY if there is someone at the location, provided to us by the buyer, to sign for the snake(s) on the FIRST delivery attempt. If there is not a signature, for whatever reason, the live arrival guarantee is voided. Delivery is by Fed-ex, UPS or Delta Dash, buyers choice. Buyer pays all shipping expenses unless otherwise agreed to in writing prior to shipping.

Payment is by paypal to ........., USPS Money Order, or Personal check. ALL checks will be held until they clear before any snakes are shipped.

YOU are responsible for knowing your local laws and regulations regarding the ownership of getula species.

We recommend taking photos of the box your snakes are delivered in prior to opening, during opening and then pictures of your snakes right out of the box. This protects you and us in the event of a shipping mishap.

We also recommend that if you specifically ordered a male or female that YOU verify sex upon arrival. If proof of incorrect sex is provided within 3 days of arrival the snake will be replaced with proper sex if available or payment refunded at buyers option. Calkings.com will pay approved shipping charges if an error is made by us. If we messed up we won’t charge you to make it right. Photo documentation is mandatory.

We have over 30 years of snake keeping experience and will be happy to help you with any problems you may have with a snake you purchase from us. Please call or even better email us the day you get your snakes and let us know how they are and if you have any questions at all.

If your mom or dad, and we won’t knowingly sell to minors, boyfriend, girlfriend, husband, wife, roommate or landlord says NO once your new snake(s) arrive…..too bad. You will not be refunded your purchase price. You MAY be able to ship your snake(s) back to us at YOUR expense, but there will be NO refunds for your lack of due diligence prior to your purchase. Think BEFORE you buy.

Dan, I am glad to see you have decided to honor your gaurantee and I see you have amended your ads to avoid future misunderstandings. Please contact me via e-mail to discuss further details. I will repost here upon recieval of the frogs to let everyone know you honored your gaurantee. Thank you

Glad this all has a happy ending.

Originally Posted by Wilomn

Dan, here's the TOS I use. Feel free to chop it up to suit your needs. I think it's pretty good.

Terms of Service and Guarantee

Unless otherwise stated all snakes will be eating on their own, properly sexed and outwardly healthy when shipped

Live arrival is Guaranteed ONLY if there is someone at the location, provided to us by the buyer, to sign for the snake(s) on the FIRST delivery attempt. If there is not a signature, for whatever reason, the live arrival guarantee is voided. Delivery is by Fed-ex, UPS or Delta Dash, buyers choice. Buyer pays all shipping expenses unless otherwise agreed to in writing prior to shipping.

Payment is by paypal to ........., USPS Money Order, or Personal check. ALL checks will be held until they clear before any snakes are shipped.

YOU are responsible for knowing your local laws and regulations regarding the ownership of getula species.

We recommend taking photos of the box your snakes are delivered in prior to opening, during opening and then pictures of your snakes right out of the box. This protects you and us in the event of a shipping mishap.

We also recommend that if you specifically ordered a male or female that YOU verify sex upon arrival. If proof of incorrect sex is provided within 3 days of arrival the snake will be replaced with proper sex if available or payment refunded at buyers option. Calkings.com will pay approved shipping charges if an error is made by us. If we messed up we won’t charge you to make it right. Photo documentation is mandatory.

We have over 30 years of snake keeping experience and will be happy to help you with any problems you may have with a snake you purchase from us. Please call or even better email us the day you get your snakes and let us know how they are and if you have any questions at all.

If your mom or dad, and we won’t knowingly sell to minors, boyfriend, girlfriend, husband, wife, roommate or landlord says NO once your new snake(s) arrive…..too bad. You will not be refunded your purchase price. You MAY be able to ship your snake(s) back to us at YOUR expense, but there will be NO refunds for your lack of due diligence prior to your purchase. Think BEFORE you buy.

I had a request to use this from someone else.

Any of you feel free to use what you can of it if you like.

Just stick to what you write once you've written it. Better to overstate than ASSume something is obvious.

I do side with you on this, if they say live arrival guarentee with no stippilations, you are owed new frogs at no cost and thats that. Its his own fault if he didnt ellaborate on that guarentee.

Though I do see what he is saying about no one else will give you an at cost exchange, I have yet to see for myself someone that puts frogs under a live arrival, though in my eyes that doesnt make what he's doing right. As I see it he owes you 2 frogs.

Alisyn,
Have you not been reading this thread?
Dan AGREED to make this right on post #21.
It's over and done with.