Bad Guy Kevin Gilbert of KG Constrictors

[Redtailfreak123]

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[Redtailfreak123]

So there is all the texts between us that has to do with the subject at hand. Now once again let me make it clear I'm not out to crucify Kevin I just want the remaining $400 back.. I know he has been, or was trying but that past couple weeks he has not responded to texts and I assumed he just brushed me off and expected me to chalk it up as a loss and forget about it. I've heard every excuse and reason that he cant send me a refund but the fact is he spent the money before finalizing the deal and the three missed ship dates were of no fault on my end. I'm sure he has the best intentions and has "100's of good references" but I wont be one of them.

 

[nickolasanastasiou]

The seller should not have placed her with a male preemptively without your consent.

You did not seem upset at all about their contact until the further delay and proposal to let them be together for fertilization. I am not sure whether that was due to the delay, the fertilization as claimed, or both, but if the fertilization was the crux of the complaint (it would be mine), then you seemed at ease or even enthusiastic about the first notice of a lock-up.

The seller agreed to the plan. He has no grounds for complaining about about any discounts or how he could have sold her to someone else. He sold her to you and not someone else for a price he had been fine with.

I would say you are due your full refund because of the lock-up if your purpose was to pair her with your male. Had you cancelled the order without that event, I would say you would likely be out the 25% or whatever it is in his terms. That said, while shipping delays do happen, he should have been able to pull that off. It is a consequence of his failure to ship and his pairing you had not given consent to that he is in a situation where you want your money back. Had he shipped and delivered, you would not be asking for a refund and the lock-up would not even be a factor.

 

[ShadowAceD]

Is Kevin's logic really along the lines of ... Well, since you took a payment plan to pay off this motley (to which Kevin agreed to) then you need to be patient and let me keep a male that you never agreed to be put to your female on your female. Ignoring the fact that such a minimal time with a female could yield a slug out. Additionally, I took an extra 100.00 off the female for you so that basically means you owe me.

Yeah, no.

To anyone thinking he is not entitled to his refund because of the two words "that's awesome", you are failing to note the tone of that text is clearly somewhat perturbed and in somewhat disbelief.

There was never an agreement to put a male on his female. His backing out of this deal is 100% the seller's fault and, therefore, would negate any intention to keep a 25% non-refundable deposit.

If so many people were waiting to drop money on this animal, how is it Kevin was not able to just immediately turn around, sell it and give Anthony his money back?

He is owed his refund. It never should have came to a point where he needed it.

As a side note, how/why are you shipping snakes via UPS, Kevin? Do you have a grandfathered waiver?

 

[LauraB]

To anyone thinking he is not entitled to his refund because of the two words "that's awesome", you are failing to note the tone of that text is clearly somewhat perturbed and in somewhat disbelief.

I agree completely, Diem. I also interpreted the "that's awesome" to be intended as sarcastic/perturbed . Particularly since the OP first says, "I don't know what to say about that" and "now what?"

I waited to post because I wanted to see the screen shots. Man, I am floored.

I have been breeding and selling boas for 10 years and have hundreds of satisfied and happy customers and great references.

That is completely irrelevent to this particular transaction ... and completely contrary to the actions and conduct displayed by someone who wishes to boast same.

I sold the 2009 breedable pastel Motley for half price due to some immediate financial needs

Your transaction with Anthony was completed on June 21st. He'd paid in full, as agreed. Shipping delays and problems were yours, not his. Whining about selling her for half price after Anthony had already paid full price is irrelevant and won't garner sympathy.

Since you mentioned it twice in your texts, I assume much of Anthony's money was spent on your backyard landscaping?
Since you sold the snake twice, perhaps the cash you received from the second sale should have been refunded to Anthony. Or perhaps the guy who bought the Motley the second time should have just put those funds into Anthony's PPal account?

What followed after 6-21 was a series of excuses for not shipping, and one week after Anthony paid in full, a pairing with your male Calico because you sold his cage? Really? You sold his cage? And then innocently put him with Anthony's snake? There simply was no other enclosure available? This from someone who has bred and sold for 10 years?

Then you seal the deal with the proposition that Anthony let you keep his snake paired for another week and send you two babies if she is gravid because you paired her without his consent or knowledge?

Un-freaking-believable. Very unprofessional, very unethical ... looks very dishonest.

Anthony has been nothing but honest, very patient and extremely accommodating. More so than I, and many other seasoned herpers would be. He had every right to request a full refund.

Since you mentioned it numerous times, Kevin, I believe it's time to tap that "line of credit" you spoke about and refund Anthony's $406.00 ASAP. The extra $6.00 for the PPal fee that is not, in keeping with PPal's TOS, the customer's burden.

 

[treeboa]

This is the third thread I've read recently where someone has spent the money they received for an animal before the customer received it. What's up with that? I would NEVER think of doing that. Whether it's a payment plan or not this is just unethical and, as this case shows, can put you in a real bad situation. If you need money that bad don't except a payment plan. Kevin doesn't really seem like a scammer, but he's also not coming off as a smart businessman either.

 

[Lucille]

he's also not coming off as a smart businessman either.

That occurred to me not only because of the financial implications of spending a customer's payment for a snake that has not even been sent out, but also when the reason this seller gave for impermissibly putting his male in with his customer's female is that he had sold the male's enclosure.
Smart planning means you don't sell off an enclosure with a critter in it, when you don't have somewhere else to keep the critter (that isn't going to cause problems).
I'm not sure I believe this reason, but it is either untrue, or so irresponsible, that either way, this seller is not looking like the kind of seller one would want to deal with.

 

[KGConstrictors]

First of all I have been in contact with you.
I have been doing my best to get your 400 dollars.
Lets do this. I want you to be taken care of so if you cant wait for the remaining 400
I will send you a baby arab jungle which are worth 1300
Because siblings have sold for that much and you can resell her.
Thats why I offered you that as a replacement way back.
I figured you could sell her for more than 800 and now you can sell her for far more than 400
I am making a generous offer so I know you are satisfied. Posting excerps and pics and he said she said stuff is pretty weak man.
Let me know if this will make you happy.
If Im such a bad guy I wouldnt care what anyone thinks and wouldnt offer a snake worth 3 times what I owe you. I wouldnt have contacted paypal to speed up your 400 refund.
Choice A: accept the boa Im offering
Choice B: give me more time to repay you like I asked you to

 

[Lucille]

I will send you a baby arab jungle which are worth 1300
Because siblings have sold for that much and you can resell her.

Why can't YOU sell this snake and send him his cash?

 

[laterob]

I contest that $1300. 'Worth' is what you can currently sell them for, not what they went for 5 years ago. Sunglow Arabs don't even fetch that much anymore. I don't blame the OP for holding out for cash.

Kevin -you should know better.

 

[LauraB]

Let's just say for the sake of argument Kevin wants to give Anthony a "1300.00" snake as settlement. (and yeah, I know they aren't worth that)

Wouldn't it make more sense, fiscally and just naturally, for Kevin to sell his own $1300. snake, refund Anthony the $406.00, and still have some cash for himself?

I mean, the guy lost his job, is attempting to start his own business and can't scrape together the $406 ... but wants to give away a $1300. snake? I think not.

I think Kevin was trying to sell them back in April for $650. shipped.

It ain't rocket science.

 

[treeboa]

I'm sorry, but putting a male in with the female he paid for then wondering why he got upset is "weak." Spending a customer's money before even sending the snake is "weak." You obviously can't do without the $406 so why do you expect him to?