Good Guy Kimberly Lucas from GorgeousGecko -- wonderful to deal with!

[lzrdgrl.com]

First of all, why does it say "Good GUY" and not "Good GIRL" up here in the selection???

Anyhow, Kimberly is a Good GIRL, and I've bought a very beautiful crested gecko from her this week. The animal was in great shape, packaging was safe and professional, shipment was quick, and our conversation was excellent. I even received a free t-shirt and a bonus coupon for a future gecko purchase -- which I will make!!

I highly recommend this seller.

Here's a picture of the crestie ("Kerfuffle"):

Christina Voss

 

[Omega Corns]

Not that it matters since you had a good transaction with her but you just broke her terms of sale.

 

[gorgeousgecko]

Don't know why you are chiming in on a good guy post in this manner but this buyer did ask me if she could post about her transaction with me and even if she had not it does not break my terms of service.

 

[Fangthane]

Not that it matters since you had a good transaction with her but you just broke her terms of sale.

Although this situation doesn't quite apply to her TOS, I gotta say that the following excerpt from her TOS is one of a few aspects that I'd have trouble agreeing to. Sometimes, even the most reasonable people need help the BOI's help in coming to an amicable resolution. Maybe it's just me, but those terms don't exactly inspire confidence. At least, not when I think back to the kind of people I've seen play that card in the past. It just raises some ominous mental associations. I'm not bashing. Just commenting.

 

[gorgeousgecko]

You need to post the entire paragraph when quoting my terms please, or it can be taken out of context.

REPLACEMENT PROCEDURE/POLICY
If an animal arrives in bad shape or DOA, we will require proof, in the form of the deceased, injured, or sick animal being shipped back to us. We may be able to accept digital pictures as a substitute, but we will decide this on a case by case basis. Once we determine that you have a valid claim, we will work with you to find a suitable replacement animal. We do not ever under any circumstances give money back. The buyer is responsible for any and all shipping charges associated with the replacements. Our main goal is to make every transaction a pleasant experience, if any problems arise, please be assured that we will make it right! Our reputation is very important to us and we have built and maintained our good name by providing great animals and products as well as the very best in customer service. In the unlikely event that there is a problem with any items or animals, we ask that you keep the details of the problems private. You must first contact us and allow us the time (up to 4 weeks) to review your claim, and figure out a suitable arrangement to replace your products or animals. Posting details of the transaction, problem, or claim, on any public forum or web site is a direct violation of this policy and will result in the immediate and unconditional void of our guarantee.

----

 

[gorgeousgecko]

and to clarify one other part of this... If the animal arrives DOA and it is not the fault of the buyer, meaning they accepted the package upon arrival, we pay for any shipping of replacement animals.
***This has happened twice in ten years of service due to heat issues.

 

[Fangthane]

You need to post the entire paragraph when quoting my terms please, or it can be taken out of context.

It's a pretty straightforward statement that amounts to this: If there's a problem, and it's made public, your guarantee is nullified. I guess that threatening buyers to make sure that they don't go public is one way to ensure that no one has any reason to question your reputation.

and to clarify one other part of this... If the animal arrives DOA and it is not the fault of the buyer, meaning they accepted the package upon arrival, we pay for any shipping of replacement animals.
***This has happened twice in ten years of service due to heat issues.

That doesn't quite jive with this:

The buyer is responsible for any and all shipping charges associated with the replacements.

Those are very contradictory statements. According to that line, not only are they responsible for the replacement's shipping charges, but it would seem that they're also responsible for paying to return their DOA, should you request that it be returned (?). Maybe some revisions are in order?

Also, am I correct in reading the following paragraph as meaning that you accept no responsibility for carrier errors? I believe that losses due to shipping delays are traditionally considered part of a seller's cost of doing business, as it's the seller's responsibility to provide an animal that arrives as described.

Hey, it's your business, you do what you want. Just be aware that I'm likely not the only person to read your TOS and come to the conclusion that it's overly self-serving and may put a buyer in a bad spot, through no fault of their own.

 

[gorgeousgecko]

First off your posts have absolutely NOTHING to do with this thread. If you have a problem with my TOS please feel free to message me with your concerns as a potential buyer.

As far as the Live Animal Guarantee... I can't guarantee animals to arrive safely if there is a delay in shipping. It doesn't not mean or say that I make the buyer responsible for it. It is important to us to have happy customers. We will do what we can to make this happen. If you have more questions or concerns about our policies please message me and I will do my best to consider your point of view.

I will read carefully through my policies and make sure they are as clear as they can be considering the myriad of possible situations that could arise.

As

 

[Fangthane]

First off your posts have absolutely NOTHING to do with this thread.

This thread is about YOU. As such, my posts are very relevant, since I'm quoting directly from YOUR TOS. The idea that you'd punish someone for posting about any problems that they have with you simply caught my attention. Not to say that you're a scammer, but that statement comes straight out of their Handbook. No need for me to message you as a potential customer, as I've surely already been blackballed for my posts. Either way, I think your little contradictions are much better kept in public view. What you're saying here is very much in conflict with what your website clearly states. It seems that you'd like to try to play word games. You're not very good at it.

As with your statement regarding what happens if someone would post their issues with you publicly, I'm not seeing any realistic alternate interpretation of what it means when you say, "The Live Arrival Guarantee is void if the package is not delivered on the next day following the day it was shipped due to error or any delays on the carrier's part." Is there some obscure meaning of "void" that I'm not aware of? I think I've said all that I needed to. I'll leave you alone now.

void
/void/
Adjective
Not valid or legally binding.
Noun
A completely empty space: "the black void of space".
Verb
Declare that (something) is not valid or legally binding: "the Supreme Court voided the statute".

 

[acecurl16]

The poster had a great experience and is totally happy .... why look for trouble in their TOS? Can't we just be glad someone had a nice experience and perhaps others will seek the provider for a simular quality customer service? If you have a personal issue, perhaps it should be addresed in a PM?

 

[gorgeousgecko]

Thank you! I couldn't agree more.

 

[Fangthane]

The poster had a great experience and is totally happy .... why look for trouble in their TOS? Can't we just be glad someone had a nice experience and perhaps others will seek the provider for a simular quality customer service? If you have a personal issue, perhaps it should be addresed in a PM?

Absolutely nothing "personal" about it. Way to miss the point of both my own posts and the BOI in general. Perhaps others will also seek to do business with her and end up with nothing to show for their payment, when a carrier delay causes their gecko to arrive DOA. Contrary to what she's saying here, her TOS tell a very different story about exactly what will happen in that situation. If she feels her own terms are good and fair, why actively contradict them here in this thread? She should proudly own her own choice of words. If she feels good about reserving the right to soak a customer for return shipping of a DOA, as well as the shipping charges for the subsequent replacement, why make posts in this thread which clearly go against her own stated TOS? In my eyes, the fact that she's chosen to contradict herself tells me that there's more than a little relevance to what I"m saying, and that people may want to make note of it.

Her terms are set up entirely to protect herself while setting the stage to give the customer the shaft for what's entirely out of their control. And in the event that her and a buyer can't privately come to their own resolution, she's decided that the simple act of bringing it to the BOI gives her the right to tell them to go pound sand. If you think that's OK, I feel that that's saying some unflattering things about you. If you can't understand the relevance of what I'm saying, I'm not going to waste any more time spoon-feeding it to you. Clearly, you think I'm out of line for my posts. Maybe everyone agrees with you. I don't know or care. A PM would have been to no one's benefit. If this helps even one person avoid getting screwed over, then it was well worth whatever hit I take.

 

[Jaybee]

As far as the "don't post publicly" thing goes... I can see a bit where you are bothered about it; it can come off as a kind of 'bullying' tactic to only receive good reviews, or you get nothing out of the deal... if it were open-ended.

However, the way I read it, her ToS doesn't state "don't ever post negatively ever"... it asks for a 4-week grace period before posting. This gives her time to fix anything that goes wrong.

How many times have we seen a thread pop up on the BOI where the buyer later goes "Whoops I shoulda contacted the seller first, my bad, please delete the thread" and then everyone tells them "too bad, BOI threads can't be deleted, now this seller has a black mark on their record because you rushed a thread"?

I felt it was just a clause to get people to talk to her first before making claims on a public forum that cannot be deleted without giving her a chance to make things right.

For what it's worth I've done business with Gorgeous Gecko and I received a great animal at a great price.

 

[acecurl16]

Dan --- It appeared personal to me as are your insinuations about my character ... my opinion. Of course, you are welcome to yours and I totally respect that .... I have not made any personal statements towards you.

 

[Omega Corns]

Dan's last post was really my point. I've seen her geckos at shows and they are amazing animals. However after reading through her terms of sale, I decided to avoid her. Especially after the other BOI she has on this site. And really in reference to my first post. I believe that one is open to interpretation. The first part mentions the details of the transaction. I take that to mean the good and the bad.

 

[Fangthane]

Especially after the other BOI she has on this site.

I assume that you mean THIS ONE.

Didn't even bother to look for other threads about her until I saw your reference. That thread stands as a shining example of just the point I was trying to make. She clung desperately to her very questionable and self-serving TOS, to the chagrin of a customer who overpaid for a grossly misrepresented animal. When he grudgingly accepted her offer of compensation-not because he really wanted the animal, but because it was clear that it was either that or nothing-the second animal also arrived in a condition other than how she described it. It was also shipped with a fairly fresh injury.

It's fairly comical that one of her excuses for not accepting a return of the misrepresented gecko is that she doesn't know what it may have been exposed to while in the buyer's care, yet her TOS clearly states that she may request that any sick, injured or DOA animals be returned to her ( on the buyer's dime ). Does that seem a bit...conflicted to anyone else?

 

[Omega Corns]

Again Dan, you found my point. I will admit I was very passive agressive in the way I have posted. But I wanted to encourage people who were thinking about purchasing from her to do a little more research than just look at this thread. She has great animals and most of them are very healthy I am sure. However if you're unhappy with how she handled something with your purchase, you are just about screwed.

 

[Larn'sLizards]

TOS often sound more foreboding to ward off the less serious buyers. I have met Kim on several occasions and had plenty of chats with her online. I personally cannot wait to do business with her in the future. Also, Kerfluffle is an awesome name for a killer gecko

 

[Serenescales]

TOS often sound more foreboding to ward off the less serious buyers.

It can also easily ward off very serious buyers who don't want to end up being screwed over if things happen to go south.
A TOS really shouldn't be written to scare anyone off, in most cases it is the first impression a buyer has of you; it can be professional without sounding aggressive. If they don't agree with certain parts of a TOS don't expect them to inquire about something you have listed for sale, serious buyers or otherwise, especially with a TOS that essentially forbids posting about a transaction and doesn't cover the buyer in the event of a DOA.
I can say that there have been plenty of times when I was very seriously interested in an animal someone had available but I never made it past the terms because I simply did not agree with them, usually not guaranteeing live arrival or health of an animal.

 

[EA7770]

IMO a TOS is whatever the seller should want it to be. It's a public statement of "This is how I do business, if you don't agree with it, shop elsewhere". If someone's terms of service turns you off, simply don't do business with them. They've been upfront about what to expect. If it's a problem for you as a buyer, then you should look for someone else. Trust me, there's been plenty of times when I haven't agreed with a companies terms of service, and not made a purchase because of it. At the end of the day, it's up the the buyer to make sure that they can live with those terms.