Samantha12986
Samantha's Geckos
I was hoping to never have to make a "Bad Guy" thread on here but here we go:
I purchased some crested gecko females from David Ferguson in July 2013. Here is the ad that he posted:
http://www.faunaclassifieds.com/forums/showthread.php?t=412419
When they arrived, not only were they not RTB (ready to breed) as advertised, they were unhealthy and may not ever be ready to breed. I was ok with them being too small to breed yet because he did tell me that before I received them. I wasn't in a hurry as I wasn't planning to breed them until next spring anyway.
3 of the 5 have FTS (floppy tail syndrome), one is pretty significant and the other two are relatively mild. All four of the females that had tails had wavy tails which can indicate a problems with lack of calcium caused by improper diet. One of them has a "sunken in" eye. I have repeatedly offered to show pictures to David but he insists that his geckos were all in perfect health before he shipped them out.
As for the shipping: I did not take pictures of this but I should have. The box had no labels indicating that it was fragile or that it had live animals inside so he was in violation of SYR terms. One side of the box did not have any insulation foam and the deli cups were all in the box sideways instead of stacked which was probably pretty uncomfortable for the geckos. One of the deli cups was resting right against the side of the box that had no insulation. He insists that SYR and Fedex are responsible for the way the boxes are packed and sent out, not the shipper...ugh.
Anyway, I feel that the very least he can do in this situation is a 50% refund since I received way less than 50% of the value I thought I was getting. Only 1/5 of the "RTB females" was actually healthy and in a condition that is 100% ok to breed in the future. The two with milder FTS may also be ok to breed in a year or two with special care if their wavy tails straighten out and they seem healthy. The one with the eye issue, the one with more significant FTS, and the one with more significant signs of MBD (wavy tail, swollen arm/hand, unable to climb well, strangely shaped spine) should never be bred.
He ignored all contact with me until I filed a dispute through Paypal. He only responds to me when I file a refund request and he denies the request every time. I feel that anyone else considering making a purchase from him should be aware of the way he ships, cares for his animals, and treats his customers. I will attach all correspondence as well as photos of the geckos.
Fauna PMs:
Hi David,
What would you do for a deal for all of them? I'm most interested in the first one pictured but I have time and space to take the whole group for the right price.
Have any of them been bred before?
Thanks,
-Samantha
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Peach bi-color has bred. al others are young.
I will take $500 + shipping for all (including patternless). That's 5 geckos for $500 (+ shipping). let me know. Thanks!
Dave
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I'm interested. Do you have weights on the ones that haven't been bred? I'd love a shipping quote to 04062. Also, do you have more photos of the one pictured second from the bottom? Her shape looks a little odd in that photo and I'm hoping it's just the pose. What have they been eating for a diet?
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haha....definitely just the pose. All Crested geckos feeding on CGD, fruit cocktail (treat I make once a month), and insects (mainly crickets). Weights for all are as follows:
Extreme cream/Harley - 30 grams
Peach/pink bi-color - 37 grams
Lavender fire w/ super dal spots - 23 grams
patternless - 23 grams
pinstripe - 27 grams
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Okay, so heres the thing - I have been toying with uploading pics on here and have not been able to get you a new pic of the pink/salmon girl yet. I wanted to "try again this morning" but to no avail. If I could please get your phone #, I can send you pics that way. ALSO, a lot of people interested in all of the girls, so please let me know if you want them or not. I have been holding them but cannot hold them after today. this is also the last day I can ship until next week. Please let me know where you're at and if you want them, ok? Thank you and please respond quick.
Dave
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Hi Dave, my number is 207-239-9646 to send the photos to. I won't be able to be very responsive until tonight unfortunately because I'm at work. If you can't wait that long and have to move on the next person, I understand. Can I get a shipping quote for 04062 please? Also, if I decided to just take the first one listed, what would you charge for her?
Thanks!
Samantha
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Okay, thanks Samantha. I really hope this is okay, but I will be texting from now on to let you know quotes and send pictures, ect. If you want to, feel free to contact me by tonight whether it be through text or calling, in regards to the geckos. I may be a bit busy, but I always have time for you. Hope this works out weather you get 1 or up to 5 and take care! thanks!
Dave
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Hi Dave,
I texted you back a little bit ago. If you're just busy, that's perfectly fine but I just wanted to send a quick message here in case you didn't receive my texts for some reason. I might not be online much for the rest of the evening but I'll be around to get back to you tomorrow if you get back to me tonight or tomorrow. Have a good night
-Samantha
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Hi Dave,
I just wanted to check in and make sure you're still all set to ship out the 5 geckos tomorrow evening. My forecast high for Wednesday has increased to 81 but the overnight low Tuesday night is 63 so I'm sure it will still be cool enough for them by the time they arrive in the morning. Fedex usually comes by my house around 9:30-10:00.
Talk to you soon,
-Samantha
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Yes, I am absolutely sending them tomorrow for ya! thanks again!
Dave
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I have sent many texts to you since yesterday with no response. I need to hear from you this evening or I will have to go to the BOI. I'd really rather just resolve this situation with you privately and get it over with rather than have to drag other people into it and make it a big thing. I think a 50% refund would be the least you could do.
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Paypal Correspondence:
From Seller - David Ferguson7/26/2013 10:32 EDT
I am denying your request for a $400 reimbursement the only claim truth behind your claim is they were advertised as RTB, which all were not. As for other claims they are based on a persons opinions and not fact. I never had the problems you are stating.
From Seller - David Ferguson7/26/2013 10:38 EDT
Pictures were send, re-clarification on which were ready to breed, and great customer service was provided. You had been aware of their appearance and had conversations regarding their weights before they were shipped off. I will only take this claim seriously if I see proven statements/documents that you get from an animal veterinarian that gets paid out of your pocket with no reimbursement from me whatsoever. At that point, if there are in fact problems then I will only give a partial (1/2) refund, since that is what you had requested via text message (not $400). Keep in contact only here from now on.
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"The claims are not based on opinion. Wavy tails, swollen limbs, and sunken eyes are not a matter of opinion. Those are facts and I have photos. The way that you shipped them was illegal and that's not a matter of opinion either, that is also fact. That shipment was not in compliance with the Lacey Act because there were no indications on the box stating that there were live animals inside, let alone what species.
The reason that I asked for $400 back is because 4 out of the 5 geckos are defective and not as described so it seemed reasonable to pay for only the one that is ok and for the shipping to receive her. I think that is more than reasonable on my part considering what a burden this is going to be to me, not to mention the money that I spent purchasing enclosures and supplies for them.
As for stating that you sent pictures so I knew what I was getting, that is false. I looked at the pictures and none of them show the issues that these geckos had. The angles of the photos do not show the wavy tails or floppy tail syndrome. There was no photo of the patternless girl so I could not see her deformed eye. There was one of the geckos (the "superdal") that I requested more photos of and even told you that I wanted more photos because she didn't look quite right in that photo. You did not send those additional photos and reassured me that it was "just the pose" and that she was perfectly healthy and normal. You also claim that you never had these problems with them but these are not issues the show up overnight so that is a lie on your part.
I would be happy to involve a vet for their sake but your terms are ridiculous. I think that if I pay for a vet out of my pocket and get something written from them that proves that these geckos are unhealthy, you owe me a full refund at the very least and ideally should also pay for some of the vet costs."
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"The claims are not based on opinion. Wavy tails, swollen limbs, and sunken eyes are not a matter of opinion. Those are facts and I have photos. The way that you shipped them was illegal and that's not a matter of opinion either, that is also fact. That shipment was not in compliance with the Lacey Act because there were no indications on the box stating that there were live animals inside, let alone what species.
The reason that I asked for $400 back is because 4 out of the 5 geckos are defective and not as described so it seemed reasonable to pay for only the one that is ok and for the shipping to receive her. I think that is more than reasonable on my part considering what a burden this is going to be to me, not to mention the money that I spent purchasing enclosures and supplies for them.
As for stating that you sent pictures so I knew what I was getting, that is false. I looked at the pictures and none of them show the issues that these geckos had. The angles of the photos do not show the wavy tails or floppy tail syndrome. There was no photo of the patternless girl so I could not see her deformed eye. There was one of the geckos (the "superdal") that I requested more photos of and even told you that I wanted more photos because she didn't look quite right in that photo. You did not send those additional photos and reassured me that it was "just the pose" and that she was perfectly healthy and normal. You also claim that you never had these problems with them but these are not issues the show up overnight so that is a lie on your part.
I would be happy to involve a vet for their sake but your terms are ridiculous. I think that if I pay for a vet out of my pocket and get something written from them that proves that these geckos are unhealthy, you owe me a full refund at the very least and ideally should also pay for some of the vet costs."
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"ShipYourReptiles does not inspect the packages and ship them off, the seller does. The Lacey Act absolutely does apply to you and everyone else that ships reptiles in this country. Here's a link to the info about it from the SYR site. The shipping part isn't really our issue here but it is important for you to know how to do it correctly.
http://www.shipyourreptiles.com/en/get_help/get_help_shipping_standards/#question-114
If you send me an email address to send the photos to, I would be happy to send them to you so you can see what I am talking about (the eye, swollen limb, floppy tail syndrome, etc. Without a vet diagnosis, I cannot say that they have MBD, I'm telling you that they have some of the obvious signs of it.
I did not receive the pictures you texted me, as I stated. I did at that time decide to trust you since you had at least attempted to send them and I figured you wouldn't if you were trying to hide something. I obviously realize that no one forced me to purchase these. I chose to purchase them and based on the information that I had from you, I thought that I was receiving 5 healthy, breedable females. The angles of the photos in the ad made the geckos look fine and none of the problems were visible there. Again, if you send me an email address to send photos too, I will show you photos of what I'm talking about.
After reading your last response on here, I no longer think you did this intentionally, I think it is complete lack of knowledge. It is still unacceptable and you still need to make it right somehow.
In the ad, you did mention that the patternless one was free with any purchase so I'll just drop that. Still, that leaves 3 of the 4 that I did pay for that have issues so a 3/4 refund would be fair. Even 1/2 would be acceptable to me at this point now that I realize you did all of this out of ignorance and not intentional malice. I think accepting a 50% refund is quite reasonable on my part, all things considered."
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**I do not have a copy of this one but last night (8/6/13) I sent him another refund request and reminded him that we had been waiting patiently with no response from him. I again asked for a way to send him the pictures**
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From Seller - David Ferguson8/7/2013 13:50 EDT
I have made clear the fact that I do not
feel it necessary to give a refund. I
would appreciate if you please just
drop this dispute so we can all
continue to live our lives without
inconvienience. I have denied refund.
--------------------------------------------------------------------------
8/7/2013 14:44 EDT - Buyer: You have made it clear that you are ignorant and that you feel it was ok to screw me over. I am not going to drop it. I have calmly explained the problems to you repeatedly and you deny any possibility that you are wrong and just keep ignoring me hoping that I'll just disappear and leave you alone. I will not drop this until you make it right. I have asked for your email so that I can send you photos as proof and you're not interested in seeing it. I sent you a link to info proving that you are completely wrong about the shipping rules and laws and you have no response to that. You are a terrible seller and should not be in the reptile business.
-Samantha Harrison
I purchased some crested gecko females from David Ferguson in July 2013. Here is the ad that he posted:
http://www.faunaclassifieds.com/forums/showthread.php?t=412419
When they arrived, not only were they not RTB (ready to breed) as advertised, they were unhealthy and may not ever be ready to breed. I was ok with them being too small to breed yet because he did tell me that before I received them. I wasn't in a hurry as I wasn't planning to breed them until next spring anyway.
3 of the 5 have FTS (floppy tail syndrome), one is pretty significant and the other two are relatively mild. All four of the females that had tails had wavy tails which can indicate a problems with lack of calcium caused by improper diet. One of them has a "sunken in" eye. I have repeatedly offered to show pictures to David but he insists that his geckos were all in perfect health before he shipped them out.
As for the shipping: I did not take pictures of this but I should have. The box had no labels indicating that it was fragile or that it had live animals inside so he was in violation of SYR terms. One side of the box did not have any insulation foam and the deli cups were all in the box sideways instead of stacked which was probably pretty uncomfortable for the geckos. One of the deli cups was resting right against the side of the box that had no insulation. He insists that SYR and Fedex are responsible for the way the boxes are packed and sent out, not the shipper...ugh.
Anyway, I feel that the very least he can do in this situation is a 50% refund since I received way less than 50% of the value I thought I was getting. Only 1/5 of the "RTB females" was actually healthy and in a condition that is 100% ok to breed in the future. The two with milder FTS may also be ok to breed in a year or two with special care if their wavy tails straighten out and they seem healthy. The one with the eye issue, the one with more significant FTS, and the one with more significant signs of MBD (wavy tail, swollen arm/hand, unable to climb well, strangely shaped spine) should never be bred.
He ignored all contact with me until I filed a dispute through Paypal. He only responds to me when I file a refund request and he denies the request every time. I feel that anyone else considering making a purchase from him should be aware of the way he ships, cares for his animals, and treats his customers. I will attach all correspondence as well as photos of the geckos.
Fauna PMs:
Hi David,
What would you do for a deal for all of them? I'm most interested in the first one pictured but I have time and space to take the whole group for the right price.
Have any of them been bred before?
Thanks,
-Samantha
-----------------------------------------------------------------------
Peach bi-color has bred. al others are young.
I will take $500 + shipping for all (including patternless). That's 5 geckos for $500 (+ shipping). let me know. Thanks!
Dave
---------------------------------------------------------------------
I'm interested. Do you have weights on the ones that haven't been bred? I'd love a shipping quote to 04062. Also, do you have more photos of the one pictured second from the bottom? Her shape looks a little odd in that photo and I'm hoping it's just the pose. What have they been eating for a diet?
--------------------------------------------------------------------
haha....definitely just the pose. All Crested geckos feeding on CGD, fruit cocktail (treat I make once a month), and insects (mainly crickets). Weights for all are as follows:
Extreme cream/Harley - 30 grams
Peach/pink bi-color - 37 grams
Lavender fire w/ super dal spots - 23 grams
patternless - 23 grams
pinstripe - 27 grams
---------------------------------------------------------------------
Okay, so heres the thing - I have been toying with uploading pics on here and have not been able to get you a new pic of the pink/salmon girl yet. I wanted to "try again this morning" but to no avail. If I could please get your phone #, I can send you pics that way. ALSO, a lot of people interested in all of the girls, so please let me know if you want them or not. I have been holding them but cannot hold them after today. this is also the last day I can ship until next week. Please let me know where you're at and if you want them, ok? Thank you and please respond quick.
Dave
---------------------------------------------------------------------
Hi Dave, my number is 207-239-9646 to send the photos to. I won't be able to be very responsive until tonight unfortunately because I'm at work. If you can't wait that long and have to move on the next person, I understand. Can I get a shipping quote for 04062 please? Also, if I decided to just take the first one listed, what would you charge for her?
Thanks!
Samantha
---------------------------------------------------------------------
Okay, thanks Samantha. I really hope this is okay, but I will be texting from now on to let you know quotes and send pictures, ect. If you want to, feel free to contact me by tonight whether it be through text or calling, in regards to the geckos. I may be a bit busy, but I always have time for you. Hope this works out weather you get 1 or up to 5 and take care! thanks!
Dave
--------------------------------------------------------------------
Hi Dave,
I texted you back a little bit ago. If you're just busy, that's perfectly fine but I just wanted to send a quick message here in case you didn't receive my texts for some reason. I might not be online much for the rest of the evening but I'll be around to get back to you tomorrow if you get back to me tonight or tomorrow. Have a good night
-Samantha
-------------------------------------------------------------------
Hi Dave,
I just wanted to check in and make sure you're still all set to ship out the 5 geckos tomorrow evening. My forecast high for Wednesday has increased to 81 but the overnight low Tuesday night is 63 so I'm sure it will still be cool enough for them by the time they arrive in the morning. Fedex usually comes by my house around 9:30-10:00.
Talk to you soon,
-Samantha
--------------------------------------------------------------------------
Yes, I am absolutely sending them tomorrow for ya! thanks again!
Dave
-------------------------------------------------------------------
I have sent many texts to you since yesterday with no response. I need to hear from you this evening or I will have to go to the BOI. I'd really rather just resolve this situation with you privately and get it over with rather than have to drag other people into it and make it a big thing. I think a 50% refund would be the least you could do.
-----------------------------------------------------------------------
Paypal Correspondence:
From Seller - David Ferguson7/26/2013 10:32 EDT
I am denying your request for a $400 reimbursement the only claim truth behind your claim is they were advertised as RTB, which all were not. As for other claims they are based on a persons opinions and not fact. I never had the problems you are stating.
From Seller - David Ferguson7/26/2013 10:38 EDT
Pictures were send, re-clarification on which were ready to breed, and great customer service was provided. You had been aware of their appearance and had conversations regarding their weights before they were shipped off. I will only take this claim seriously if I see proven statements/documents that you get from an animal veterinarian that gets paid out of your pocket with no reimbursement from me whatsoever. At that point, if there are in fact problems then I will only give a partial (1/2) refund, since that is what you had requested via text message (not $400). Keep in contact only here from now on.
--------------------------------------------------------------------------
"The claims are not based on opinion. Wavy tails, swollen limbs, and sunken eyes are not a matter of opinion. Those are facts and I have photos. The way that you shipped them was illegal and that's not a matter of opinion either, that is also fact. That shipment was not in compliance with the Lacey Act because there were no indications on the box stating that there were live animals inside, let alone what species.
The reason that I asked for $400 back is because 4 out of the 5 geckos are defective and not as described so it seemed reasonable to pay for only the one that is ok and for the shipping to receive her. I think that is more than reasonable on my part considering what a burden this is going to be to me, not to mention the money that I spent purchasing enclosures and supplies for them.
As for stating that you sent pictures so I knew what I was getting, that is false. I looked at the pictures and none of them show the issues that these geckos had. The angles of the photos do not show the wavy tails or floppy tail syndrome. There was no photo of the patternless girl so I could not see her deformed eye. There was one of the geckos (the "superdal") that I requested more photos of and even told you that I wanted more photos because she didn't look quite right in that photo. You did not send those additional photos and reassured me that it was "just the pose" and that she was perfectly healthy and normal. You also claim that you never had these problems with them but these are not issues the show up overnight so that is a lie on your part.
I would be happy to involve a vet for their sake but your terms are ridiculous. I think that if I pay for a vet out of my pocket and get something written from them that proves that these geckos are unhealthy, you owe me a full refund at the very least and ideally should also pay for some of the vet costs."
--------------------------------------------------------------------------
"The claims are not based on opinion. Wavy tails, swollen limbs, and sunken eyes are not a matter of opinion. Those are facts and I have photos. The way that you shipped them was illegal and that's not a matter of opinion either, that is also fact. That shipment was not in compliance with the Lacey Act because there were no indications on the box stating that there were live animals inside, let alone what species.
The reason that I asked for $400 back is because 4 out of the 5 geckos are defective and not as described so it seemed reasonable to pay for only the one that is ok and for the shipping to receive her. I think that is more than reasonable on my part considering what a burden this is going to be to me, not to mention the money that I spent purchasing enclosures and supplies for them.
As for stating that you sent pictures so I knew what I was getting, that is false. I looked at the pictures and none of them show the issues that these geckos had. The angles of the photos do not show the wavy tails or floppy tail syndrome. There was no photo of the patternless girl so I could not see her deformed eye. There was one of the geckos (the "superdal") that I requested more photos of and even told you that I wanted more photos because she didn't look quite right in that photo. You did not send those additional photos and reassured me that it was "just the pose" and that she was perfectly healthy and normal. You also claim that you never had these problems with them but these are not issues the show up overnight so that is a lie on your part.
I would be happy to involve a vet for their sake but your terms are ridiculous. I think that if I pay for a vet out of my pocket and get something written from them that proves that these geckos are unhealthy, you owe me a full refund at the very least and ideally should also pay for some of the vet costs."
--------------------------------------------------------------------------
"ShipYourReptiles does not inspect the packages and ship them off, the seller does. The Lacey Act absolutely does apply to you and everyone else that ships reptiles in this country. Here's a link to the info about it from the SYR site. The shipping part isn't really our issue here but it is important for you to know how to do it correctly.
http://www.shipyourreptiles.com/en/get_help/get_help_shipping_standards/#question-114
If you send me an email address to send the photos to, I would be happy to send them to you so you can see what I am talking about (the eye, swollen limb, floppy tail syndrome, etc. Without a vet diagnosis, I cannot say that they have MBD, I'm telling you that they have some of the obvious signs of it.
I did not receive the pictures you texted me, as I stated. I did at that time decide to trust you since you had at least attempted to send them and I figured you wouldn't if you were trying to hide something. I obviously realize that no one forced me to purchase these. I chose to purchase them and based on the information that I had from you, I thought that I was receiving 5 healthy, breedable females. The angles of the photos in the ad made the geckos look fine and none of the problems were visible there. Again, if you send me an email address to send photos too, I will show you photos of what I'm talking about.
After reading your last response on here, I no longer think you did this intentionally, I think it is complete lack of knowledge. It is still unacceptable and you still need to make it right somehow.
In the ad, you did mention that the patternless one was free with any purchase so I'll just drop that. Still, that leaves 3 of the 4 that I did pay for that have issues so a 3/4 refund would be fair. Even 1/2 would be acceptable to me at this point now that I realize you did all of this out of ignorance and not intentional malice. I think accepting a 50% refund is quite reasonable on my part, all things considered."
--------------------------------------------------------------------------
**I do not have a copy of this one but last night (8/6/13) I sent him another refund request and reminded him that we had been waiting patiently with no response from him. I again asked for a way to send him the pictures**
--------------------------------------------------------------------------
From Seller - David Ferguson8/7/2013 13:50 EDT
I have made clear the fact that I do not
feel it necessary to give a refund. I
would appreciate if you please just
drop this dispute so we can all
continue to live our lives without
inconvienience. I have denied refund.
--------------------------------------------------------------------------
8/7/2013 14:44 EDT - Buyer: You have made it clear that you are ignorant and that you feel it was ok to screw me over. I am not going to drop it. I have calmly explained the problems to you repeatedly and you deny any possibility that you are wrong and just keep ignoring me hoping that I'll just disappear and leave you alone. I will not drop this until you make it right. I have asked for your email so that I can send you photos as proof and you're not interested in seeing it. I sent you a link to info proving that you are completely wrong about the shipping rules and laws and you have no response to that. You are a terrible seller and should not be in the reptile business.
-Samantha Harrison
