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Bad Guy Steve at TheVeiledChameleon.com

Crystal Rodriguez
Do what your heart tells you to do. I believe you would win this one as well. Plus not to mention they shipped out ups and ups does not allow animals. Good luck
 
UPS BANS the shipment of snakes, I have FULL right to tell them I don't want it shipped UPS. If I do go the legal angle, I will be sure to scan you the papers of my win.
 
It seems to me that they made that part of their TOS so they won't be out money on the deal. If they shipped a snake in that poor of condition then it's their responsibility to face the facts. To face the truth that they are going to be in debt if they continue to practice these business methods which involve animals dying!

Steve and Karin,

When you neglect your animals and scam people it gets around fast. I say you make this right by honoring your customer who is very upset. To hell with your twisted TOS! You're playing with peoples minds and money here and everyone can see it. It's sickening. You can tell Crystal is very upset and is scared for you to ship a replacement animal. Why would you put someone through that? :NoNo:
 
UPS BANS the shipment of snakes, I have FULL right to tell them I don't want it shipped UPS. If I do go the legal angle, I will be sure to scan you the papers of my win.


And if you win I will be the first to congratulate you. However, I don't consider it a possibility. This is a contracts issue plain and simple and not that difficult to figure out

Don't get me wrong. I hope they fold and give you the refund. It would be the smart move given the negative publicity they are getting. All I am saying is that they have zero legal obligation to do so and you have zero legal grounds to request it. You are stuck with the TOS you agreed to and they are 100% obligated to send you a replacement. That's it


Incidentally, before someone asks, I am not an attorney. But I do deal with contracts on a daily basis in my line of work and have been involved in dozens of disputes over the years.

In short, I am speaking from experience.

However, everyone is entitled to tilt at their windmills. Good luck to you Crystal
 
I speak from experience too. The contract was broken the day they sent me a SICK SNAKE, when their TOS says they send HEALTHY ones.

The pet lemon laws don't just cover dogs and cats. I have heard them being applied to horses and birds as well.
 
Crystal

I am not trying to get into a back and forth with you. If you actually know an attorney who will give you a little free advice...run the situation by him without the emotional injections. I will guarantee to you that he will give you the same advice I did.

And you should actually read the Pet Lemon Law before you start swinging it around like a club. It most definitely does not apply here. Even if it stretched to reptiles there are very specific conditions that this situation does not meet

Again...good luck and I hope it gets resolved to your satisfaction
 
I already ran it by my boyfriend's attorney. He simply awaits our request to start the work. He is the one who made the point they violated their own TOS, mulling them from forcing me to adhere to theirs
 
Yeah this is a tough one...But I agree it would be hard to win this in court...I wish you would win and these people could get locked up for a minimum of 5 years..The problem is even though they said they would send a healthy one,and you got a bad one dosnt mean they broke their contract..It just means in court they can say "well,according to out TOS all we were gonna do is send her another snake"..Thats all they are obligated to do..Thats really what it comes down to is what happens if you get a bad animal from people who do not give refunds..I would never deal with anyone who would not offer a refund...I do hope this comes out to your favor...I would just hate to see someone try and fight an expensive battle with someone when they may not win...
 
I am confident we will win. My boyfriend is just not sure if the cost is worth the win. He has a lawyer under retainer, but being we are seeking only $125, it will suck up a lot of the retainer. So this is 100% a principle case. I can afford losing $125, I just feel I (and others) have been swindled and someone has gotta take a stand. Like I said, if they are willing to send us the boa FedEx, we will accept the offer. But if they refuse to send FedEx, then I will not accept a prohibited snake from a UPS shipment. And we are back to refund and lawyer.
 
I already ran it by my boyfriend's attorney. He simply awaits our request to start the work. He is the one who made the point they violated their own TOS, mulling them from forcing me to adhere to theirs


Ok. I had planned to bow out on this one as I see it as pointless but, as you stated, it's a bit of a principal thing

Below is there TOS in total. What, specifically, did they violate?


UPS OVERNIGHT SHIPPING

All chameleon orders are shipped UPS overnight. At the time of checkout you will be provided with a real time shipping qoute from UPS. Order with Confidence. All drygood orders will be shipped UPS ground. At the time of checkout you will be provided with a real time shipping qoute from UPS. If your drygoods order needs to be expedited please contact us.
Our shipping schedule is Monday – Wednesday for Tuesday – Thursday arrival. Packages are guaranteed to most areas by 10:30 am. Some areas are not guaranteed this delivery time.
OUR PACKAGING METHODS
All our chameleon orders are packed in a 3/4 inch styrofoam-lined box. We use this method of packing to ensure your reptile is not harmed by harsh weather conditions. Live, healthy arrival is only guaranteed when shipping temperatures at both ends are above 35 F and below 90 F, and when the purchaser is present to receive the package at time of delivery. We reserve the right to hold any order if we feel the weather conditions are not optimal for live healthy arrival of one of our animals. NO EXCEPTIONS. We will hold all order and ship when weather is optimal.
Each animal is packed in a deli cup or cloth bag, depending upon size. Once the animal is packed, it is placed in a styrofoam-lined box and surrounded with paper so that it doesn’t bounce. In addition, each box will be packed with either a cold pack or a heat pack depending on the weather at the destination point. Once the box is sealed, the chameleon will sleep for the duration of his/her trip. When you recieve your chameleon he/she will be happy, healthy and ready to explore his/her new enclosure. Be assured that we take pride in breeding and raising our chameleons and your order will be handled with the upmost care.

HEALTH GUARANTEE

We offer a 7-day health and satisfaction guarantee on our reptiles. We must be notified within this time period of any problems or concerns for this guarantee to be upheld. This guarantee is void if the above conditions of receipt are not met. In order for this guarantee to be honored, all claims must be made within our 7-day guarantee period and any deceased animals kept for further instructions and verification.

We cannot be held responsible for shipping charges incurred for upholding our guarantee. They are the responsibility of you, the buyer.

Should an animal be Dead on Arrival (DOA) the buyer must notify THEVEILEDCHAMELEON.COM of the DOA within 2 hours of receiving the animal. An email with a photo attached of the actual animal must be received in order for any guarantees to be upheld. If possible, DOAs will be replaced with the same type of animal or an animal of equal value (shipping charges to be covered by customer). We will replace any animals but we DO NOT OFFER REFUNDS OR CHARGEBACKS.


HOLDS

We will only hold a chameleon for ONE MONTH, and we require a 50%, non-refundable deposit. We wish we could do it for longer but it would be unfair to other customers if you later choose not to purchase them. Veileds are not considered sold until the full amount has been paid.
PAYMENT

We accept all major credit cards, Pay-Pal and or U.S. Postal Money Orders. You can order on this website and pay via Pay-Pal or call us at (800) 385 4050 to pay by credit card. If you can send a money order that would appreciated. If a U.S. Postal Money Order is used, we will send your reptile once the money order is received. Please be sure to get your money order to us in a timely manner, as a chameleon is not considered sold until it is paid for in full. Thank you very much and enjoy your chameleon.
EXPORT REQUIREMENTS
We have the ability to ship our animals anywhere in the world aslong as there is a major airport near you that we can route our international shipment to. Here are our export requirements $1000 minimum order for NON CITES animals
$2000 minimum for CITES species
Full amount to be paid prior to shipping.
CITES reexport permits take approximately 3-4 weeks start to finish
CITES for CB animals can take up to 90 days but usually less
NO refunds will be given if you change your mind during this period of time.
Some animals are not Eligeable for export. Please check with us prior to making your order to see what is available for export. Prices listed on list
price are valid for export only, no buy now purchases for export. Animals are guaranteed to arrive alive and healthy and the same TOS apply to export orders as domestic. Only credit will be given for DOA animals.
 
I read all that so did the lawyer, and still I we are confident of a win. Perhaps bowing out is better for you. I'm too stubborn to listen
 
I am confident we will win. My boyfriend is just not sure if the cost is worth the win. He has a lawyer under retainer, but being we are seeking only $125, it will suck up a lot of the retainer. So this is 100% a principle case. I can afford losing $125, I just feel I (and others) have been swindled and someone has gotta take a stand. Like I said, if they are willing to send us the boa FedEx, we will accept the offer. But if they refuse to send FedEx, then I will not accept a prohibited snake from a UPS shipment. And we are back to refund and lawyer.


Ok...Yes you did get swindled...They are not handling this right at all...They didnt get back to you promptly,or use the right carrier for your purchase...But their TOS are in their favor...The people who have bad TOS are ones who are broke losers who can not afford to give back a refund..Another red flag should have popped up when they said DOA replacements are shipped at the buyers expense...I would never buy from someone who would make me pay to get a second snake shipped to me after the first one didnt even make it...This place had BAD BUSINESS written all over it..Again,I hope this ends in your favor...But I would do way more reading before I would buy from someone if I were you..To many red flags with these guys...
 
I read all that so did the lawyer, and still I we are confident of a win. Perhaps bowing out is better for you. I'm too stubborn to listen

Excellent attempt at ignoring the question. Let me answer it for you...he hasn't violated any of his TOS. If he fails to send a replacement animal you may have a different ballgame. At the moment, it's your only remedy


The statement in bold is pretty much the first correct statement you have made in several posts. Don't be proud of it...learn from it. It's a character flaw, nothing to brag about. Stop inventing mythical attorneys who work for pocket change retainers and start working within the terms you agreed to. Make the seller honor those same terms. That is how you enforce a contract. No one forced you to buy from this scumbag, but you did and now you have to work with what you have.

I have a feeling this is falling on deaf ears but I figured it was worth one final try. Again, and for the final time...good luck to you
 
Stop assuming you know who I am. I have no mythical lawyer. Noe you wish to insult me by calling me a liar. Grow up
 
Stop assuming you know who I am. I have no mythical lawyer. Noe you wish to insult me by calling me a liar. Grow up

I think what he means is up til this point all they have done was treat you bad..This kind of case if taken to court would surely be in the judges hands on which side wins..There really isnt a whole lot to prove from either side..
 
I think their facility should be inspected in case there are other animals being severely neglected like this one. I would bring that up. I'm done watching this thread until the results come back. Good luck.
 
Well this is getting interesting. I think you will win this one as well. Don't care what the other people say. One reason is >>> since when did ups allow snakes on there plains ? They don't ! And they shipped that way right ?? You have all your proof of this right? The box and packing and all. Cause what I would do is go to ups management and show them that they are shipping snakes through ups witch is not allowed at all!! The pics of the snake you posted There is no way either one of 2 things is going on.1 that first pic is not the snake they sent you. 2 the second pic is not the same snake ? But one thing is for sure they sent you the worst snake I have ever seen. I would not be doing business with them again. Also another thing call animal control in there area turn them in. Than file a complaint with your state attorney general's office. Are they a legal licenced business ?? These are questions you should ask. Are they paying taxis on the business ? I hope you win this one. Good luck
 
BTW, You can legally ship a harmless non-venomous snake thru UPS by way of an account with ReptilesExpress, which has a waiver with UPS allowing them to do so.
 
I have a feeling this is falling on deaf ears but I figured it was worth one final try.

I think this was the best, most balanced advice you could have given, but it fairly obviously isn't about to be followed. Good attempt, but I think you're just
:deadhorse:..........
 
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