Mitch from M.S. Herps (drop shipper, etc)

I contacted Mitch at M.S. Herps about his turtles he had listed. I ordered an adult Texas Mud and a baby Softshell, both as presents for my wife.

I paypaled him earlier this week ($77 shipped). Everything seemed well. I received an email from him yesterday (11/2) saying that he did not have any Texas Muds in or the species of Softshell I wanted.

I was pretty upset at this point. I replied that I wanted the turtles I ordered and asked him why he was selling stuff he didn't have. He counter offered, saying he had 5 baby smooth Softshells that he would send me below cost, with no reply on not actually having what he was selling.

I said, 'Mitch, I don't care what you have to do, I want the turtles I ordered by tomorrow (today, 11/3)'

I then went to work and came home to the following email:

Andrew,

You are going to be receiving 5 CB baby Smooth Softshell turtles below wholesale costs. Please be expecting them tomorrow by 12:00 PM. Your FedEx tracking # is 792570498695. You can track it by visiting www.FedEx.com, or calling 1-800-GoFedEx.

Thank you,
Mitch

M.S. HERPS

__________________________________________________ _______________

Now, not only am I stuck with what I didn't want (I only wanted 1 baby Softshell). I now have to go buy new tank setups for a whole gang of turtles. I was already setup for the turtles I ordered, not the ones I received.

To make matters worse, the shipping label says:

From: Origin ID (305) 969-3696
Mario Tabraue
Zoological Imports 2000, Inc.
16225 SW 172 Ave
Miami, FL 33187

So I was drop shipped an order I did not want from Zoological Imports, unless of course M.S. Herps is a d.b.a. for Zoological Imports (highly unlikely).

Highly unlikely also because I called Mario at Zoological Imports and told him about the situation and he confirmed that Mitch drop shipped the turtles and has them ship stuff he lists for them on Kingsnake.

If I wanted turtles from Zoological I would by them.

So take it for what its worth. I invite Mitch to join in on this thread and I have already told him I would be taking this to Fauna.

Andrew Owen

Andrew,

He's a member here. Let him know about this thread so he can offer an explanation.

My understanding is that he is a broker for importers in south Florida (and perhaps elsewhere).

Jim, it says at the bottom of my thread that I told him that I would be taking this here.

andrew

You COULD refuse the shipment and file a grievance with PayPal.

Selling something you do not have IN HAND without clearly stating that in the ad is simply a bad business practice, imho. Sending someone 5 turtles when they ordered two is also bad business. How does the guy know that you can accomodate that many?? As you have clearly stated, you can't without going out and buying MORE setups.

I personally couldn't refuse the shipment, as it may mean the death of the turtles, but the RIGHT thing for him to do it to let you keep the turtles and reimburse you the amount that you had to pay for the new setups - again, IMHO.

Best of luck,

Scott

Thanks Scott for your reply,

Hopefully Mitch will be joining us soon.

I took the turtles this morning. I also thought about not signing for them but couldn't do it as you are right, it would mean them being dead before they got back to Zooligcal.

If Mitch wants to set this and his name straight, I welcome that. So far he has shown some pretty unethical standards.

Andrew

Originally Posted by anowen25

Jim, it says at the bottom of my thread that I told him that I would be taking this here.

I read that. I meant send him a link so he knows that you actually followed through.

I sent him the link and told him I invite him to participate in this thread.

Andrew

Originally Posted by anowen25

Thanks Scott for your reply,

Hopefully Mitch will be joining us soon.

I took the turtles this morning. I also thought about not signing for them but couldn't do it as you are right, it would mean them being dead before they got back to Zooligcal.

If Mitch wants to set this and his name straight, I welcome that. So far he has shown some pretty unethical standards.

Andrew

Andrew

Bottom line is that you did not receive what you paid for. If you can't work this out amicably with him, contest the CC charge and they will reverse it. You are not legally responsible to return something you did not order.

My thoughts on this are that he should pay to have the animals returned to him and refund your full purchase price along with an abject apology.

Business practices like this are the reason people are so wary of doing business on the internet

As John said, dispute the charges, let him figure out what to do after that...

Isn't this the same guy that has screwed up several times, the one Mike Barrera (sp?) came to give his support for prior to being shipped off to jail?

Doesn't sound like the kid learned much over the last year....

Matter of fact here is a quote from him from March of this year:

"You are right (for the most part), and I am wrong... My recent ads were completely incorrect, I agree with you and the other people on the fauna classifieds.

Almost all of my customers have been happy with their animals. If someone is unhappy with the animal, I will refund their money and let them keep the animal. (if this is what they want) Either way, they always end up happy. I would understand if many people were saying they received horrible animals from me, and were not treated fairly after, etc. But I always take care of my customers, no matter what the circumstance."

http://www.faunaclassifieds.com/foru...ighlight=Mitch

Lets see how well he takes care of this situation....

I tell you what...


EVERYONE THAT IS READING THIS THREAD, PLEASE SEND ME YOUR MAILING ADDRESS, I am sending you 15 crickets, in turn, send me 100 dollars, they will be delivered tomorrow.

Thanks for the business.


Are you kidding me????? Who does business like this. Would love to hear what Mitch has to say about this....let's see if he will pony up and come on and explain.


TOM