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Bad Guy Nathan Tow-Arnett TERRIBLE

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To summarize this disposition on this, I made an offer on a uroplatus sikorae (shipped). Courier and packaging was agreed on.

The seller changed the packaging and the shipping courier on his own accord from a medium box to a small box and from FedEx to USPS without consent or notification until after the event. The seller failed to provide a tracking number until well after the delivery was to have occurred.

The USPS shipment was Express mail and took TWO days to arrive (tracking number AE908426916US). The seller has failed entirely to address failure in shipping with the courier and disregards the buyer.

The seller is incapable of consistent communication on the matter and dreams up new excuses to keep funds at every moment. Now saying (to Paypal) "Buyer purchased a LTC (Long Term Captive) healthy lizard and never attempted to show proof the lizard he received died. This is a way people try to scam sellers to get money back while keeping the animal that is very much alive and healthy." The lizard is sitting wrapped in my freezer; the seller has in no way expressed interest in proof of the deceased.

Transcripts of all communication are as follows:

Classifieds replied to:
http://www.faunaclassifieds.com/forums/showthread.php?t=284856&highlight=sikorae
http://www.faunaclassifieds.com/forums/showthread.php?t=285688&highlight=sikorae

*It's worth noting several things- FedEx and UPS were requested, seller then proceeds to use USPS notifying only after dispatch.

*Seller claims to be using a 'medium sizish box'. What was used was a standard 7x7x6 insulated box, the SMALLEST available, which contained the cup and a little bit of padding. I expected to be receiving a 12x9x6 or larger for a 'medium' and decent insulation.

*Seller indicates local temperatures were 40 degrees but did not utilize a heat pack for this animal.

*USPS indicates guaranteed delivery by 11/17/2011 3PM. FAIL. Trackign Number AE908426916US

All times are Pacific unless noted. USPS times are assumed to be their local times.

----
Communication history e-mail, phone, text, USPS tracking interleaved. Read bottom-up.
----

12/3/2011 02:54 PST - PayPal: Seller escalated this dispute to a Claim.

Paypal: Seller Response:
12/3/2011 02:54 PST - Seller: Guarantee was for live arrival which he received and nothing after. If shipping were the issue the animal would have died within 24 hours if not arrived dead. The lizard was shipped properly in a fully insulated box with packing material and a tracking number was provided. Being the lizard died several days later it most likely died due to improper husbandry issues or other unknown causes and is not the sellers responsibility. Buyer purchased a LTC (Long Term Captive) healthy lizard and never attempted to show proof the lizard he received died. This is a way people try to scam sellers to get money back while keeping the animal that is very much alive and healthy.

12/2/2011 22:48 PST Paypal dispute opened by Buyer:
Paypal: 12/2/2011 22:48 PST - Buyer: Packaging (Medium sized box) and courier (FedEx Overnight) were agreed upon for the sale and delivery of a healthry female uroplatus sikorae. Live arrival with overnight delivery was guaranteed. The seller changed the packaging (small box) and courier (USPS Express Mail) without notification and then failed to provide tracking information. USPS then failed to meet their guaranteed delivery time and ended up taking two days to deliver the package. Animal arrived alive but sub-prime condition, died several days later.Seller now refuses to be accountable for his actions, accept accountability for a late delivery, or hold the courier accountable for their failure to deliver on schedule (tracking number AE908426916US). Shipping should be refunded by USPS to the seller for what was paid and overnight shipping at FedEx rates should absolutely be
refundable to the buyer (~$70) as that was the agreed upon courier. The balance of the payment for the animal should be refunded as it is the victim of inadequate packaging and poor choice of courier. The seller changed the courier from a reliable one for transporting reptiles and takes full liability for this change as it was done without prior consent.


12-02-2011, 10:28 PM from Buyer
"I've never said that anyoen was or was not a delicate care taker of anything. What I am emphasizing is that you did not ship the animal yourself, changed the packing on your own accord, changed the courier on your own accord, didn't even supply a tracking number until my 4th request 8 hours AFTER it should have arrived, don't even follow-up on the failures of your courier, and continue to avoid the circumstance entirely. You're not being accountable for your actions.
Well, you've now had a problem with USPS and you'll continue to use them? Congratulations. It sounds to me like you had no actual intention of shipping FedEx like was agreed on or learning from the experience of many people.
USPS has room temp facilities everyhere this package went? On every loading dock and truck? Are you serious? Why are you bothering to defend a failure in YOUR courier to deliver as guaranteed (•Money-back guarantee*)? You said 'I am going over there right now' as if you were going to take care of it, and then nothing. Hypothermic or not, it was NOT an overnight delivery.
NEVER did I ask for a smaller box to carry in a backpack. You've taken that change to a small box on your own. I asked what size box you were using (medium sizish box decent enough for insulation) so I would be appropriately equipped; should I find myself NOT properly equipped, I'm able to improvise. Yes, a heat pack in that size box would not be a good idea. A box of that size would be (and was) a terrible idea. It should have been a larger box WITH a heatpack. It is the sellers responsibility to deliver the animal properly and to communicate and verify changes and disclaimers accordingly.
You've never purchased through a seller offering a guarantee for days following arrival? Well, I have. I sent you the link to Eric Straight, who does uroplatus, and writes a good guarantee. LLL reptile is also a more general store that does which is substantially more than in person. When I ship animals I would expect the animal to be healthy and viable for at least several days following standard shipping without any personal reservations. Even poor husbandry shouldn't be taking an animal out in that time (and my husbandry is just fine).
Following a failure in shipping I wouldn't have ANY expectations on the viability of the animal whether it's live arrival or three-day or whatever. That's a twilight-zone-esque situation that needs special attention from both sides.
You don't haggle? Are you serious? Good luck once you're out of school. The point on this is not so much about money, although you and USPS do owe, it's about being responsible in communication and in action. I'm pissed off that the animal was lost due to failures in shipping that were avoidable. I have never seen a live-animal transaction, and I'm hard-pressed to remember ANY transaction, handled this poorly."

11-29-2011, 11:22 AM from Deller
"I have shipped USPS many times without ever having a problem and I will continue to do so. My gf who shipped the package is just as much a hobbyist as myself and the most delicate care taker I know. You asked for a smaller box so you could carry it in your backpack. Heat packs are extremely tricky and risky when using regardless what size box. A heat pack in that size box would've killed her before she even got to the post office. Extreme heat spikes and uroplatus results in a quick death. I've received animals cooked and replaced cooked animals I sent to California just because of heat packs alone. Since then I have received and sent many sikorae without heat packs without problems and the geckos thrive. As far as hypothermic, even though the weather outside is cold here, USPS does have room temp facilities. In the years I have purchased sikorae I have never purchased from a seller who
offered a guarantee days after, I just have never seen it. The point I was making about losing money is it happens whether selling or buying. I don't haggle people. I give people a good deal which I did and it was just unfortunate she died days later."

11-29-2011, 08:20 AM from Buyer
"Indeed, sikorae are a delicate species and that much more care should be taken in their handling than what was provided. You say you didn't even ship the animal yourself. YOU chose to ship the animal USPS rather than FedEx without prior consent; you just shipped it and said it would arrive without having bothered to send a tracking number. FedEx is a WELL KNOWN and reliable shipper for animals and their service is guaranteed; www.shipyourreptiles.com is a FedEx vendor site. USPS is not guaranteed overnight and yet you chose that route; USPS missed their guaranteed delivery date of 11/17/2011 3PM and shipping should therefore be refunded, no questions asked. You've failed to follow-up on the USPS error and it's taken you a week to follow-up on this. FedEx was agreed on and then you switched shipping products to an inferior service.
Further, you used the SMALLEST insulated box available to make the shipment with NO heatpack, coming out of an area with local temps at 40 degrees in the middle of November. By no stretch of the imagination if the animal was healthy when you shipped it it likely went hypothermic in transit (sitting a full day somewhere in Minneapolis/St Paul) which is your own liability for your own shipping choices. I would not consider to ship even a more robust animal under such circumstances. A larger, truly 'medium' sized box like you indicated you would use WITH a heat pack appropriate to the size would be the minimum.
Local husbandry is of no issue; I have plenty of happy uroplatus here.

Live arrival would normally be guaranteed on overnight; this animal was in transit for two days and all bets are off for the interval following. Liability is on the seller, NOT the buyer.

Other reputable sellers or uroplatus actually DO offer health guarantee for a period past arrival when their consistent and proper shipping methods are used:

http://www.eriksreptiles.com/?page_id=40

It is not the buyers concern if you 'lost money' selling the animal. That is your own decision and had no obligation to sell. You had the opportunity to haggle on my offer and failed to entirely."

Tuesday 11-29-2011, 07:27 AM from Seller
"Sikorae are a delicate species and unfortunately deaths like this happen often after shipping which is why no one guarantees a gecko days after a delivery and even live arrival only the animal is guaranteed not the shipping costs. I myself in the past couple years have lost 7 geckos after a week of them being delivered to me. Whether it's stress from different surroundings, humidity, lighting, temp, diet, it's hard to tell exactly what causes a sikoraes demise even when we try to replicate the proper requirements which is why it is really taking a risk when people sell them for 800 a pair and I would advise never to pay those prices. I even lost money from what I paid for her by selling her and it saddens me to her the news of her death but I will not issue a refund in this case. I hope the info I gave you helps you in your knowledge about sikorae. "

Friday 11-25-2011, 01:25 PM from Buyer:
"I am not happy with the lack of response or follow-up on this matter. I would like to see a full refund for the dead animal and shipping. "

Monday November 22, 2011 9:29AM Text from Buyer:
"Animal died this morning. Id like to see a refund on this."

Monday November 22, 2011 7:45AM Text from Buyer:
"I think that usps trip may have done her in. Been acting strange and behaving poorly."

Friday November 18, 2011 10:44AM Text from Seller:
"I am going over there right now"

Friday November 18, 2011 9:57AM Text from Buyer:
"Thanks much. She's in a humid container with some food items for today. You should definitely speak with USPS on this one."

Friday November 18, 2011 9:54AM Text from Seller:
"I would even try giving her a couple crickets tonight since she didn't get to eat last night. Hope she acclimates well for you. She's quite a beauty."

Friday November 18, 2011 9:52AM Text from Seller:
"Here is round 40ish. Her newest favorite spot to rest has been on a half round of cork bark. Just a tip to help ease her stress possibly. She's a good eater so"

Friday November 18, 2011 9:47AM Text from Seller:
"That's good to hear. I didn't get the moss real wet because if she were to be in a cooler area for the trip wet moss would get cold really quick since the temp"

Friday November 18, 2011 9:06AM Text from Buyer:
"She's alive and seems fine but a litle dry. Heading home with her."

USPS: November 18, 2011 8:59AM, "Delivered" Irvine, CA (picked up; had not actually been processed at the facility yet and had to get a manager to locate it)

Friday November 18, 2011 8:48AM Text from Seller:
"Ok thank you"

Friday November 18, 2011 7:37AM Text from Buyer:
"USPS lists the package locally. Ill let you know what happens."

USPS: November 18, 2011 7:14AM "Out for Delivery" Irvine, CA
USPS: November 18, 2011 7:04AM "Sorting Complete" Irvine, CA
USPS: November 18, 2011 7:02AM "Arrival at Unit" Irvine, CA

Thursday November 17,2011 11:12PM "Processed through USPS Sort Facility" Santa Ana, CA

Thursday November 17,2011 "Depart USPS Sort Facility" Santa Ana, CA

Thursday November 17, 2011 18:04PM Phone call from seller time=7:47
Seller calls back and provides tracking number. Tracked the package while on teh phone and informed the seller the package was still sitting in Minnesota as far as USPS was

concerned. Reprimanded seller for using USPS, they are not reliable and overnight service is NOT guaranteed. He felt otherwise.
Thursday November 17, 2011 17:48PM Phone call from seller time=4:40
Informed the seller that the package was NOT at the post office and I require a tracking number. He said he'd look for it in his car and see if he can find it.


11-17-2011, 12:45 PM Buyer:
"You need to get me information about this shipment ASAP. I checked in at that USPS location and they had no package for me. We have seen no delivery here at work.
My cell phone is [cell phone number]"

11-17-2011, ~Noon, stopped in at the designated post office and had them look for a package with my name and address on it. Furnished photo ID and a paystub to verify my work address. They had NOTHING.

USPS: Thursday November 16,2011 6:13PM "Processed through USPS Sort Facility" Saint Paul, MN
USPS: Thursday November 16,2011 5:42PM "Processed through USPS Sort Facility" Minneapolis, MN

11-16-2011, 08:19 PM Buyer:
"Any chance of getting the tracking number? I'll be in class all morning and will have to head over there either before or after. They don't normally do well with incomplete information..."

USPS: Thursday November 16,2011 9:45AM "Acceptance" Minneapolis, MN (shipping tag is hand-written and reads 9:51AM)

11-16-2011, 09:32 AM Buyer:
"Weird but fine. Do you have a tag number for USPS?"

11-16-2011, 08:34 AM Seller:
"I called the Fedex locations around me would not ship anything live and they told me to use USPS which I have used overnight shipping before many times without a problem. USPS will hold the package for you at
Harvest Station
17192 Murphy Ave
Irvine, CA 92623-9998
They have your phone number and the box is small enough where you would be able to carry in a back pack. The box says handle with care and the lady marked it with a sticker that says fragile so she should reach you just fine tomorrow. As a side note my gf dropped her off at USPS because I had to be at class but she thought the package was guppy fish so the sticker will say live fish but don't worry it is your gecko. Let me know when you get her tomorrow that everything is ok.
Thanks,
Nathan"

11-15-2011, 07:09 PM Seller:
"Will do!"

11-15-2011, 06:55 PM Buyer:
"Sounds good. I just need to make sure I can carry it if I ride motorcycle (backpack). Drop me a tracking number when you have it.Thanks!"

11-15-2011 6:52PM Seller:
"I will use a medium sizish box decent enough for insulation. Ok I will ship her out tomorrow for you."

11-15-2011, 06:47 PM Buyer:
"I guess best thing for me is if you ship FedEx on Wednesday for Thursday delivery to Irvine. That's my most flexible and reliable configuration. How large is the box you're using?
My contact number for the package is [cell phone number]"

11-15-2011, 06:38 PM Seller:
"I can ship out this Wednesday. But you want it for Friday delivery? Or do you want overnight delivery to receive Thursday morning? If you want Thursday delivery you want it to go to the Irvine address? Just want to make sure it goes to the right place on the right day.
Thanks,
Nathan "

USPS: Thursday November 15,2011 "Depart USPS Sort Facility" Minneapolis, MN *This is some gibberish at the front of USPS tracking information*
USPS: Thursday November 15,2011 5:23PM "Processed through USPS Sort Facility" Minneapolis, MN *This is some gibberish at the front of USPS tracking information*

11-15-2011, 01:29 PM Buyer:
"Possible shipping addresses depending on the day of delivery. I prefer FedEx over UPS since I can have them hold the package at the Depot and pick it up before the trucks even go out.

Wednesday, Friday of this week:
Home is:
[home address]

Thursday, Tuesday
Work is:
[work address]"

11-14-2011, 10:19 PM Buyer:
"Ah, sorry to hear about the knock-out. I've had a few concussions racing bicycles :) I'm in school too, completely understand being busy. Hopefully you're getting a quality education :)

Sounds like a deal to me. What days can you ship and what's your carrier? Depending on what days are available and how it's flying changes the address I can receive at. I can setup payment either sometime tonight or tomorrow. For the amount of busy I am, looking more like tomorrow.
Thanks
-Scott"

11-14-2011, 09:44 PM Seller:
"Hello Scott,

Sorry for the late reply, I go to college and play football and on top of the usual busy schedule I have, during practice last week I managed to knock myself out on kickoff return as well as the guy on kickoff which has made things a little spacey for me this week. I can do 150 otherwise I'll be sitting on her til spring. My paypal is [e-mail] and when would you like her shipped out?

Thanks,
Nathan"

11-14-2011, 08:30 PM Buyer:
"Ah, yes I saw the post with pictures, but after nearly a week with no response I wasn't sure if I was being ignored or if you weren't interested to sell. I moved on some ebenaui but I can still entertain this.
It looks like a nice animal and I'd be happy to add her to my 1.1 group. The last sikorae female I got a few weeks ago came in around $150 shipped (to 92630). That might be a reasonable place to start discussions.
Thanks
-Scott"

11-14-2011, 07:50 PM Seller:
"8 months Ive had her. Yes I can come down on price since winter is getting near I wouldn't be able to ship her out til spring but what price were you looking to pay? I accept paypal and yes I guarantee live arrival. I did post a thread with pictures but if you give me your email I can send you pictures.

Thanks,
Nathan"

11-11-2011, 02:32 PM Ad posted:
http://www.faunaclassifieds.com/forums/showthread.php?t=285688&highlight=sikorae
"LTC Female pied Sikorae 250 shipped Here are the pics.Have any questions please ask.Thanks,Nathan "

11-08-2011, 06:46 PM Buyer:
"Possibly interested. How long in your care? Are you able to come down on price? Can you supply pictures? What payment methods do you accept? Live arrival guarantee? The usual questions...
Thanks
-Scott "
11-07-2011, 07:11 PM Ad posted:
http://www.faunaclassifieds.com/forums/showthread.php?t=284856&highlight=sikorae
"LTC female pied Sikorae 250 shipped She is healthy and has been given two doses of panacur. If you have any questions please ask. "
 
Shipping a live lizard in 40*f temps without a good heat pack is normally a death sentence.

His failure to use 1 of the 2 shippers that you requested caused the death of the lizard. shipping express mail in the cold is always risky.

He failed, he owes you a full refund!
 
The three things that stick out, to me, for from the seller: 1) He admits this is just a hobby for him and his GF, so maybe he needs to keep it at just that and leave shipping to the pros, and 2) he states Fedex will not ship live animals, which is true if you're not certified, but if one takes the time to become certified, one can ship live animals via Fedex to their little heart's content. Been there, done that. Now admittedly, it does take a little effort to become Fedex certified, but it is not impossible, and does not require a note from God (I once thought it did). The 3rd thing is the lack of response while the animal was in transit. He probably should also have let his GF know it was not guppies in the box and if it couldn't be done overnight, he possibly should have "sat on it until spring", as he put it.
I'm wondering if the seller has been notified of this thread?
 
he states Fedex will not ship live animals, which is true if you're not certified, but if one takes the time to become certified, one can ship live animals via Fedex to their little heart's content. Been there, done that. Now admittedly, it does take a little effort to become Fedex certified, but it is not impossible, and does not require a note from God (I once thought it did).

There are shipping services such as SYR that does not require being certified, I believe they are using fedex now.

The seller Nathan Tow-Arnett sold a lizard shipped, the lizard was DOA. he needs to refund in full.
 
There are shipping services such as SYR that does not require being certified, I believe they are using fedex now.

The seller Nathan Tow-Arnett sold a lizard shipped, the lizard was DOA. he needs to refund in full.

I agree. :shrug01:
His status(hobbyist/breeder) is inconsequential, IMO.
 
I agree the seller is in the wrong but from what I can gather of the conversation the lizard arrived alive, then died a few days later?

Still think a refund is in order, tho since the seller shipped it contrary to specifications.
 
You are owed the cost of the lizard -plus the cost of shipping.Doesn't mean you'll get it.Shipping animals allways involves risks-risks you were willing to take.Don't forget it's death is on your hands too.
 
A reptile/lizard shipped in the cold often does not show signs right away and sometimes only starts to show signs of sickness days or even weeks later. a respiratory infection(if that what it died from) normally takes time to show any signs if it shows anything at all.the seller said the lizard was a long term captive which means it was an import and was possibly already stressed before it was put into the box to be shipped.

2 days in a cold box is probably what killed this lizard and the only person at fault is the seller.
 
You are owed the cost of the lizard -plus the cost of shipping.Doesn't mean you'll get it.Shipping animals allways involves risks-risks you were willing to take.Don't forget it's death is on your hands too.

Jen, did you read anything?

The buyer requested the lizard to be shipped overnight by fedex or ups, the seller shipped express mail that took 2 days.

I would like to hear from the seller here.
 
Thanks, Ed. You seem to see the shipping/illness situation like I do. Two days in a cold box leads to fatality which is beyond the scope of a live arrival on an overnight.
To clarify for others if the communication history is not clear or just too big:

Adie, Yes, the animal did arrive alive and then died several days later. The animal seemed dry when I opened it at the post office and the seller was notified of this. The seller 'guaranteed' live arrival on overnight shipping but the delivery did not actually occur overnight due to his selection of courier. In my opinion a healthy animal was probably shipped but failures in shipping led to its rapid demise.

Deborah, I have some photos of the animal alive; the corpse is bagged and in my freezer. There is no dispute the animal arrived alive although Nathan is now telling Paypal that I am scamming him because I haven't provided proof of death, which he also has not asked for. I'm sure he'll find some way to deny any evidence that is provided. He doesn't seem to want to address the issue that a 2nd day delivery even if it was shipped overnight is dissimilar to an actual overnight delivery.

The seller was supposed to ship FedEx. The seller instead shipped USPS Express without prior notification or approval, which is supposed to be overnight, but USPS failed to get it out of Minnesota for an entire day (lookup the the tracking number for transit history) so it took two nights to get it to SoCal. If packing were adequate- i.e. a larger (medium) sized box like was agreed on and one would expect an appropriate heat pack this may not have been a problem. Unfortunately it was.

The seller has failed to address or even affirm the failure of USPS in the matter and neglects to address the effects on the animal as Ed clearly states. I couldn't even get a tracking number out of the guy until 8 hours after the package should have been at the post office. That happened only once he called me back and he had not even tracked the package online himself (he had to go out to his car, try to find the number, and then call me back). I actually showed up at the post office asking for a package with my name and maybe my work address but I wasn't sure. The post office does not like to entertain this kind of absurd request for good reason (it wasn't there). The following day once I had the tracking info I was down at the post office as early as I could conveniently be, which was prior to them actually processing the package. I did my part 100%

Other than the seller and USPS killing the lizard the seller continues to NOT take accountability for anything and blames me (the buyer) for all the decisions the seller made. He doesn't answer questions and instead redirects with straw-man arguments and statements and lies about what was said. Except for several text messages, the totality of communication has occurred over Fauna messaging and I assume some administrator could validate the contents.

I fully expect that a person like this will not take responsibility for anything, which at this point would entail actual acknowledgement of the situation and a refund (you can't un-kill the animal or even apologize to it in any constructive way) and a corrective action for future transactions. Based on the attitude I've seen, I would encourage anyone considering a transaction with this person to reconsider it. Nathan may be able to ship animals successfully when conditions are prime, but should anything go wrong he is not prepared to deal with the situation in an adult manner. As has been posted before we can best characterize people by their actions in exceptional situations when things go wrong. This is negligence mixed with belligerance.

In summary, if the animal was shipped properly overnight (as agreed) and arrived alive we wouldn't even be having this conversation. This is posted because the shipper failed to package the animal appropriately, had a failure in shipping and refuses to address it, and then takes every opportunity to blame the buyer for every aspect of the transaction that he had control of. The animal deserved better, I deserve better, and any people he may transact with in the future deserve better.

The seller has now been notified of this post.
 
You are facing a couple of issues with respect to your refund:
1) PayPal does not care about live arrival, or the health of the animals. They do not care about receiving something not as described (except with eBay purchases). What they will look for is proof that the seller shipped...and the tracking number shows delivery.
2) USPS does not guarantee overnight delivery on Express Mail, especially when shipping live animals.
Mailing Live Animals
Live animal shipments (including poultry, reptiles, and bees) have very specific packaging requirements. Though you can drop them off at any Post Office, it might take longer to ship depending on the availability of transportation. With a few exceptions, pets and warm-blooded animals such as cats, gerbils, hamsters, mice, and dogs can’t go in the mail.
Live animal shipments using Express Mail® should expect a 2- to 3-day transport, so try shipping early in the week and avoiding holiday weeks with limited acceptance days and times. Express Mail postage will not be refunded unless the delivery or attempted delivery is more than 3 days after the day of mailing.

Those issues do not negate the simple facts of the seller's negligence - including that he skimped on shipping and pocketed the extra money. Best of luck on getting your refund...and thanks for bringing this guy to our attention.
 
If the story is true, he is owed a refund. However, with such a detailed explanation, saved emails, and the like...I would expect that there were pictures, too.

I missed this the first time around....but, how do we know that the animal is actually deceased?

.....just trying to be IMPARTIAL and THOROUGH.
 
Hi Deborah, attached are (should be) four images. The animal alive after I received it (day of receipt), the frozen animal top and bottom, and then the frozen animal standing on its nose should anyone observing want to dispute that it's in a frozen state (taken today). I didn't take any photos the morning of since it didn't even occur to me at the time. I promptly moved it to the freezer and then had to head off to school and work. The seller ignored me for a full week.

Thanks for finding that Harald, the seller did not want to accept that the Express service was not 'actually' guaranteed overnight (insisting he will continue to use the service in his latest communication) and the fact that USPS gives a 'guaranteed' delivery date and time is that much more misleading to anyone using the service, but that should be all between the seller and courier if not for a court to decide what 'guaranteed' really means.

I figure it's all a write-off. Paypal may not be favorable but it's the only direct option available to get his attention. Of course, Nathans football coach would likely be curious about his irresponsible behavior.
 

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Tell the seller if he is THAT confident in USPS's "guaranteed" service...then he should happily refund your money and then collect his claim from USPS. :rolleyes:
 
Excellent! Now all the bases are covered as far as proof of death and photos to establish/verify identification, also ( if it comes up.)

Thank you.
 
Just to play devil's advocate, there is one thing I think should be readdressed. When the OP told the seller he needed to be able to carry the box in his backpack while riding a bicycle, he kind of opened the door for the seller to use a small box. The seller also wrote he thought the box would fit in a packpack, and the OP did not object to it, so I would think the small-box issue is a moot point at this time. With that in mind, leaving a heat pack out of a small box is a good idea since the little guy probably would cook if he had no way to get away from the heat pack. Therefore, IMHO, the OP might share a small part of the blame for the animal's death in that he was not properly prepared to receive a box large enough to accomodate the animal with enough space for both a hot and cold spot. That being said, the seller should have seen a red flag for this problem and said something like, "now if you want me to ship it in a smaller box, I'm not going to be able to add a heatpack, so you might want to change things in such a way so you will be able to carry a medium-sized box that is large enough for a heatpack, or I will not be able to guarantee live arrival or the health of the animal thereafter."
If this had been done, I am under the impression the OP would have opted for a box large enough for a heatpack, and this thread would not have taken form like it has. With this in mind, the OP may want to consider re-contacting the seller with an attitude of being willing to partially share the blame. Now I know this is a jagged pill to swallow, but it could lead the seller to give a partial refund rather than nothing at all, and a live dog is better than a dead lion, at least last time I checked, that was the case. The trick is going to be getting the seller to acknowledge the part(s) in which he is definitely negligent. That would be opting to use USPS, not reassessing the box size and not using a heatpack in 40°-F temps, and basically pooping in the bed when it came to communicating during transit time and such. Sound reasonable?
 
Sure, I understand your position playing devil's advocate, but I'm not buying it. I'm properly prepared to receive anything IF it is communicated to me what I'm expecting. I would have easily been able to transport a 'medium' box and if it were more medium than expected there's ways to deal with that. If the package was indicated to be too large for a 'regular' backpack (mine are fairly large) then I could have taken my car that day (ultimately picked up by car anyway). If upon receipt it was found to be too large to carry the animal can easily carried separately with the packing abandoned. These things really aren't rocket science. The seller didn't even arrange that the package should be held at any non-delivery location; he just announced that he had done it. Two addresses were supplied and then the package ended up going to a third entirely different place [post office](this may not be obvious as addresses have been redacted). Lots of assumptions were made and we all know what they say about assumptions.

The seller is terrible at communication, had my contact on Fauna, my phone number, and my e-mail; could have reached me at absolutely any point to ask questions, get affirmation or ask for confirmation, but it seems to have been too inconvenient to even supply the tracking number after being promised it earlier on.

Now, what DID I do wrong? I proceeded on a transaction with someone who was clearly not with the program. My bad, everyone else learn from these things. Dont' send money to people who communicate poorly.

As I said before, this really isn't about a refund at this point.
 
Just to play devil's advocate, there is one thing I think should be readdressed. When the OP told the seller he needed to be able to carry the box in his backpack while riding a bicycle, he kind of opened the door for the seller to use a small box. The seller also wrote he thought the box would fit in a packpack, and the OP did not object to it, so I would think the small-box issue is a moot point at this time. With that in mind, leaving a heat pack out of a small box is a good idea since the little guy probably would cook if he had no way to get away from the heat pack. Therefore, IMHO, the OP might share a small part of the blame for the animal's death in that he was not properly prepared to receive a box large enough to accomodate the animal with enough space for both a hot and cold spot. That being said, the seller should have seen a red flag for this problem and said something like, "now if you want me to ship it in a smaller box, I'm not going to be able to add a heatpack, so you might want to change things in such a way so you will be able to carry a medium-sized box that is large enough for a heatpack, or I will not be able to guarantee live arrival or the health of the animal thereafter."
If this had been done, I am under the impression the OP would have opted for a box large enough for a heatpack, and this thread would not have taken form like it has. With this in mind, the OP may want to consider re-contacting the seller with an attitude of being willing to partially share the blame.

The size of the box used is 100% the decision of the seller/shipper.discussion back and forth between the seller and the buyer shows me lack of experience on the shippers part. don't see it ever being the buyers problem, all the buyer should ever be concerned with is receiving a healthy lizard.as far as the seller having to carry the box while riding a bicycle, all he had to do is call for a package pick up,as all couriers will pick up.

About using a small box with a heat pack.
Leaving the heat pack out of a small box is not a good idea,if you are shipping in 40*f weather it will be 40*f in the box.

I use the smallest size 3/4" insulated box(7x7x6) with a 40 hour heat pack to ship baby cresties and dragons when the weather is cool or cold and have never lost a baby lizard.the trick is to put the heat pack on the bottom then cover it with a page of crumpled up news paper then put the deli cup on top of the news paper, your baby lizard arrives warm and happy that way.I sent 2 packages to Florida this past week that way(Hialeah and Tallahassee)both customers received warm healthy babies.no the heat pack in a small box is not a problem.

The buyer is not culpable in any way,the shipper screwed up big time by using express mail so he could pocket a few extra bucks. the buyer deserves a full refund.
 
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