Hey all, I am new to the forum and hope that I am posting properly. I have had the recent displeasure of dealing with Dan Scolaro from DTS herps recently. I ordered three red eyed tree frogs from him last week. I was REALLY excited about receiving the frogs and adding them to my 75 gallon terrarium (exclusively red-eyes). We set up delivery and he seemed like a pretty good guy to be dealing with. His e-mail responses were quick and I looked forward to taking the morning off of work to wait for my frogs. He had them shipped via USPS guaranteed for noon thursday. I waited and waited all day, checked the tracking info (they had been shipped) and no frogs. USPS did not deliver the frogs until the next day. Dan was confident that they would still be alive.
I had to work Friday but my Mom was home and signed for the package and brought it inside. When we opened the package upon my arrival home (shortly after recieving the frogs) I discovered that two of the three frogs had passed away. I was heartbroken! I e-mailed Dan expecting that new frogs would be shipped.
I received the above email Friday night and was confused. I was too upset to try and argue with him at that point in the evening, I thought maybe he typed the email wrong or I read it incorrectly. So I sent him an email again (on Monday) asking about the re-shipment of the frogs.
He again stated that they would be $16 each because it was not his fault that the frogs arrived dead. At first, I wasn't that upset about it, but the more I thought about it the more upset I was with the situation. I paid for the first frogs, but there was no reason to pay for the second if live arrival was guaranteed.
At this point, he has changed the cost several times and isn't making much sense. I appreciated the offer of free frogs, but I have a red-eye only tank and his attitude upset me. It was almost like he knew that I had no choice and he just expected me to roll over and take it. He has refused to issue a refund, even for the shipping which would have been refunded via USPS because the package did not arrive at the designated time. (Which he even SAID that he got!!!) Plus, he said he ships 1000's a year and only 2-3 end up arriving dead, but he would go out of business if he had to guarantee mine due to this mistake.
I do not appreciate the e-mails that he sent me follow HIS REQUEST to cease contact. In my opinion, he is a dissapointment to the business and as a hobbyist. His insulting words were unnecessary and he even insinuated that I was trying to fake the death of the frogs. I provided proof that the frogs were deceased in the containers that they were shipped in, and he is still unwilliing to honor his guarantee. I am truly dissapointed and upset with this experience and hope that no one else has such a negative reptile buying experience with DTS Herps.
In a message dated 10/18/2007 8:02:38 P.M. Eastern Standard Time, Leibowem writes:
Hey... Michael tried to send you an email earlier today because the frogs never came! Latest tracking was early this morning in Philadelphia but he waited home all day and nothing! He called the post office but they couldn't tell him anything more than the website. What is the standard procedure when this happens?
Erin From: [email protected] Add to Address Book Add Mobile Alert
Date: Thu, 18 Oct 2007 21:05:27 EDT
Subject: Re: tracking
To: leibowem
Erin: The package should be delivered tomorrow and all should be fine provided the frogs are not cooking somewhere hot. Perhaps they will be delivered tomorrow morning before noon.
Dan
I had to work Friday but my Mom was home and signed for the package and brought it inside. When we opened the package upon my arrival home (shortly after recieving the frogs) I discovered that two of the three frogs had passed away. I was heartbroken! I e-mailed Dan expecting that new frogs would be shipped.
In a message dated 10/19/2007 5:08:22 P.M. Eastern Standard Time, leibowem writes:
Dan,
The frogs arrived this morning and two of them were dead. One is still alive, but it looks like it is on its way out. What do we need to do from here?
Erin
[email protected] wrote:
Erin, well did you have a photo of the dead frogs as usually I need a photo within an hour of delivery to verify the situation. I email as part of the sale to notify within an hour of delivery so I am confident the box does not sit outside and cook in the sun and kill the frogs. Regardless, the shipment is a risk we both take and I will try to replace them but my guarantee on live arrival works only if the delivery service works right. Perhaps your locale is too remote and fedex is required for shipping. I will check on the reasons it was late and get back with you. Did you wish to try to get more frogs via fedex? I had 12 noon guaranteed for delivery on that order.
Dan
Date: Fri, 19 Oct 2007 16:28:45 -0700 (PDT)
From: "Erin Leibowitz" <leibowem> Add to Address Book Add Mobile Alert
Subject: Re: frog order
To: [email protected]
Dan,
I have photos of the frogs and it should be included assuming I attached it properly. We are not in a remote location at all (20 minutes outside D.C.) and five minutes from the post office in gaithersburg and derwood. Also, someone was home to sign for it and take care of the frogs when they arrived. I had the day off yesterday so I could contact you when the frogs arrived, unfortunately I was at work today and was unable to email you sooner. I do apologize for not e-mailing you sooner... but it was difficult under the circumstances, as the frogs were expected yesterday. When I looked at the tracking information yesterday, it said Missent to Philadelphia, and I assume this was the cause of the delay. I would like to try FedEx as USPS didn't seem to be reliable in this situation. I currently have 6 red eyed frogs and am really looking forward to getting them some friends. I am keeping the one that made the shipping in an isolation tank to monitor him for the next 24 hours. Please let me know what you need me to do from here. Thank you.
Erin
Erin: Yea, it appears USPS made a mistake and demised the frogs. I usually have good service with them and send many shipments of lizards, frogs, monitors, salamanders each week and rarely if ever have anything arrived damaged or dead. I even shipped frogs that have taken 3 days (this week), and sent 60 green tree frogs and they all arrived alive despite they were all in the same container. Lets see what happens to that third frog over the weekend. If you need another 3, I will get them at cost which is 16 each and send them for free via USPS as I think to hope they will not make the same mistake. Perhaps I can send a free one also. Fedex would cost 45 dollars, so I could apply 20 I expect to get back from USPS, making it 25 more if you wanted fedex. But I send dozens of shipments a week with USPS and if near a big city there should be no problem getting them there in one day.
Dan
I received the above email Friday night and was confused. I was too upset to try and argue with him at that point in the evening, I thought maybe he typed the email wrong or I read it incorrectly. So I sent him an email again (on Monday) asking about the re-shipment of the frogs.
In a message dated 10/22/2007 2:22:07 P.M. Eastern Standard Time, [email protected] writes:
Hey... Just wanted to check and make sure you got my e-mail Friday night regarding the 2 deceased frogs. Wanted to see if we could arrange delivery for Thursday again. Thanks
Erin
Erin: I do recall the emails about getting more for you at cost (16 each) and shipping them USPS or fedex if you wanted that method and throwing in a free frog. I am out sick right now but will be better tomorrow I hope.
Dan
He again stated that they would be $16 each because it was not his fault that the frogs arrived dead. At first, I wasn't that upset about it, but the more I thought about it the more upset I was with the situation. I paid for the first frogs, but there was no reason to pay for the second if live arrival was guaranteed.
In the advertisement that he has listed on the Kingsnake classifieds, it clearly states "Live arrival guaranteed". He has no further TOS or any indication that there would be exceptions to this guarantee. I was hesitant to send more money to him, as what was I to do if the frogs were DOA again and he wouldn't guarantee them again? At this point, however, I was still understanding.In a message dated 10/22/2007 4:04:46 P.M. Eastern Standard Time, leibowem writes:
Dan,
I am a little bit confused. I thought that the frogs were guaranteed for live arrival? If that is the case, why are the replacements $16 each?
Erin
[email protected] wrote:
Erin, I guarantee live arrive when as the delivery service guarantees next day delivery. However if their delay leads to the demise of frogs, its a risk we both share when shipping and receiving reptiles. And as such, instead of charging full price for frogs, I can offer them at a discount to 16 dollars cost, exactly what I pay for them. I believe I offered to throw in a free frog, so you would only have to pay me 16 for 2 frogs and 20 for the shipping and I will cover the other freight cost via USPS.
Dan
I told him I would accept reshipment and at first I was satisfied with this. But after his continual insults and condescending attitude, I wanted a refund. He seemed to keep coming up with excuses and changing his story!Dan,
I understand where you are coming from, as it is not your fault that USPS made a mistake and it arrived late. However, it is not my fault either and as a consumer, I would expect the seller to take resposibility for the shipping aspect. Your ad says "Live arrival guarantee" and it should be more specific if there are conditions under which you will not guarantee their live arrival. With that said, if this is the only option, I will send $32 for the 2 and free extra one. But, I don't understand why shipping is an additional $20 if we accept shipment through USPS again. You said that you have had positive experiences with them in the past, so I am willing to look at the mix-up as a one time incident and accept shipment through them.
Erin
Erin:
I've had wonderful/lucky success with delivery services and shipped over 1000 orders last year and had only about 2-3 frogs arrive dead in thousands of reptiles shipped. In the advent of such great service and luck with delivery services, I am not confident that it is necessary to put in a statement that live arrival is guaranteed if the delivery service does not mess it up. Such a statement would distract from business and sort of put a negative light on the delivery service or provide a negative connotation to the business as if they had an option to send something sick and then point the finger. Maybe I am wrong, but that is the way I see it doing reptiles for many years.
I see your point but we must be reasonable in that if any business took losses due to problems with delivery services, then there might not even be a reptile mail order business. As was the case just weeks ago, I spent 500 on a litter of snakes which arrived dead and did not get even credit from the dealer but that's the breaks I take when risking some fedex who left the box in the sun. I think offering a free frog and consideration towards shipping is fair enough and wish to satisfy your requirements but 16 only pays for 2 frogs and you ordered 3 I believe and its 3 you needed correct? So it would be 16 time 3 and 25 shipping which is actually 72 dollars this will cost me with shipping and boxing etc.
I understand how you feel and am sad that the order happened to get delayed and if I was in your shoes I would feel the same way and I want to make your order a happy experience. But I have agreed to share the burden of the dilemma. I will go ahead and accept half of the costs here, 36 dollars if OK with you. I have a couple green tree frogs I can send also for free if you would like them.
Thanks.
Dan
At this point, he has changed the cost several times and isn't making much sense. I appreciated the offer of free frogs, but I have a red-eye only tank and his attitude upset me. It was almost like he knew that I had no choice and he just expected me to roll over and take it. He has refused to issue a refund, even for the shipping which would have been refunded via USPS because the package did not arrive at the designated time. (Which he even SAID that he got!!!) Plus, he said he ships 1000's a year and only 2-3 end up arriving dead, but he would go out of business if he had to guarantee mine due to this mistake.
At this point, I was done communicating with him. He proceeded to send me THREE more e-mails after I ceased communication.Dan,
USPS guarantees their packages for free. Here is a link to the page and a direct quote from their page. http://www.usps.com/shipping/expressmail.htm.
Express Mail Insurance
Automatically insured up to $100 free of charge.
It is up to the sender to file the claim with USPS and you should honor the live arrival guarantee, as USPS is required to honor their delivery time guarantee and insurance on the package. I dont know if you were aware of this, but under the circumstances, I think a claim should be filed on your end and the refund should be passed on to me or I should recieve the 2 replacement frogs for free. I appreciate the offer of free green tree frogs, but I have a limited amount of space in my terrarium and am focusing on breeding red-eyes. I would really appreciate it if you would re-ship 2 females.
Erin
[email protected] wrote:
Erin, I think the 100 is if the box gets lost or stolen etc and do not believe it covers herps.
Dan
In a message dated 10/22/2007 8:56:59 P.M. Eastern Standard Time, leibowem writes:
Dan,
I will have to wait until tomorrow to check that out, but I am very dissapointed in the situation. I should recieve a refund for the frogs that did not arrive alive as your guarantee states. If you are not able to give me a refund, I will be forced to take this to the next level, which I really don't want to have to do. However, I really feel like I am being taken advantage of, and I am sorry that the frogs did not arrive alive, but you should be willing to live up to your guarantee. There is no disclaimer, there is no statement or anything that indicates that under certain circumstances a refund will not be issued. Again, if this is your policy it should be stated on your advertisement somewhere. I hope we can resolve this issue amicably without further problems.
Erin
Erin: Well do what you may but I will not send free frogs. My offer was reasonable and perhaps well beyond terms and well beyond what perhaps many would offer. It has been made quite obvious that the frogs demised due to a delay in shipping which I cannot manage, but you persist to gain something you did not purchase again. I was nice to offer a free frog, frogs and cost and to pay for partial shipping expenses. My offer was beyond terms. As such, I do not entrust that you would be honest to report the arrival of live frogs and do not wish to be harassed further so please do not contact me again.
Dan
(from Me, Leibowem)
This entire email exchange including your written guarantee and our documentation of the expired frogs which were witnessed on arrival by the entire family and were in fact dead upon opening of the package will be forwarded to kingsnake.com and paypal and we will seek a remidiation from these listed parties. Due to your attitude, I realize I cannot work this out amicably with you.
What? thats 2 e-mails that he sent me without me responding and then he sends a third.. insinuating that I am making this up![email protected] Add to Address Book Add Mobile Alert
Date: Mon, 22 Oct 2007 22:45:04 EDT
Subject: Re: Frogs
To: [email protected]
Erin, I offered a free frog, frogs at cost, partial shipping expense. All of which are more than what anyone else would provide. I encourage you to order frogs from anyone and if the shipper makes an error and the frogs die, no seller will perhaps offer anything more than sympathies. I offered much more and you asked for something in addition which is not reasonable and are trying to twist a word like guarantee to your favor. I tried to explain that its a shared risk when you buy and I ship but either you are too young to understand or greedy. Either case, I am not willing to take the risk now that I see your attitude. My guarantee says live arrival. It means the frogs will be packaged safely in containers in a study box and shipping via an express delivery service during proper weather conditions to be transferred for guaranteed live arrival. It does not say live arrival or refund nor does it say live arrival or guaranteed more free frogs. I suggest that you think this out and be reasonable before you do something rash.
Dan
[email protected] Add to Address Book Add Mobile Alert
Date: Mon, 22 Oct 2007 23:04:40 EDT
Subject: Re: Frogs
To: [email protected]
I see your claim in paypal expired the same time it was started. As is the case, had you received the frogs before noon as paid for express shipping, I would be glad to replace the frogs for free if you paid shipping. The frogs were delayed due to unexpected issues with the shipper and I went beyond terms and offered a reasonable and decent offer to help make you satisfied with more frogs. What you need to do is turn the situation around and see if as if you shipped frogs to someone and they died due to the shipper. Would you ship another load of them if it were not your fault? Would you take the financial loss? I think not, so why you would expect anyone else to do it is beyond me.
I have bought many reptiles from many people and if their shipment was delayed from the shipper before and after I was a breeder/seller and I would not even think to ask someone to replace something that died due to the error which was not on their part especially a sensitive inexpensive frog. Had it been a 500 dollar snake, I still would not think the other person responsible despite any guarantee as the guarantee means express delivery in the terms and express delivery was not exercised due to the shipper, not the seller. I hope that shed some light on the issue for you.
Dan
[email protected] Add to Address Book Add Mobile Alert
Date: Tue, 23 Oct 2007 00:57:03 EDT
Subject: Re: Frogs
To: [email protected]
Erin: If I had live arrival guarantee or refund in my terms, almost every single buyer would claim dead frogs and demand a refund and I would not be able to sell them. More than half the buyers are hobbyist and they would be tempted to quickly take advantage of that. And its sad to say but I have caught people trying to fraud me before - even people with good reputations.
Dan
I do not appreciate the e-mails that he sent me follow HIS REQUEST to cease contact. In my opinion, he is a dissapointment to the business and as a hobbyist. His insulting words were unnecessary and he even insinuated that I was trying to fake the death of the frogs. I provided proof that the frogs were deceased in the containers that they were shipped in, and he is still unwilliing to honor his guarantee. I am truly dissapointed and upset with this experience and hope that no one else has such a negative reptile buying experience with DTS Herps.