BEWARE - Herpfauna Plus

[Hues1]

Well, I agree they shouldn't have use your pictures but the tortoise looks like a blonde to me.

"looking like" a blonde does not mean it is a blonde. Especially when they buyer was told it was nothing more than a nice maturing normal. Here are some pics of babies from the same parents...these babies are from a different clutch laid almost a year later, should I sell these as "blondes" ? considering I know that other babies hatched from the same parents (which are 100% normal) develop into nice looking NORMALS ?

and heres a picture of a holdback sibling that is even more "blonde" which I kept for myself...should I be asking market value for a "blonde" rather than a nice normal without any proof that this animal is indeed from a genetically proven blonde line ?

The point is....they were sold a nice maturing normal, it was not represented in any way form or shape as a "blonde" leopard tortoise. I had that baby in my possesion since it was 3 months old. That baby looked like evey other leopard tortoise baby available. Blondes START OUT AS BLONDES.

The buyer/seller was made fully aware that it was not a blonde animal from a blonde line.....he made the decision to go ahead and advertise it as a animal it was most certainly not. In my book...thats unethical and flat out total misrepresentation of something it was not. The ultimate bad buy in my book....selling animals for what they are not with beforehand knowledge.

It looks like you are pretty upset at them but going through all that trouble, is it really worth it?

YOU BET, if it keeps one unsuspecting person from being ripped off...then I've done my good.

Is it a business rival? Just handle your business and your performance will speak for itself

Business Rival....not even close, especially if they keep mislabeling, misrepresenting, and falsely advertising animals for sale. Doesnt worry me in the least.

 

[Hues1]

Well JayShady...you want to tell us who you really are ??? James mareno or Jason Medina ?
Since you decided to post a "Bad Guy" thread about me here

http://faunaclassifieds.com/forums/showthread.php?s=&threadid=32896&perpage=5&pagenumber=1

Lets bring this one up to the top and lets see if Herpfauna Plus/Jason Medina would be willing to come here and post on their own behalf....wait, maybe you're them ! considering you know quite a bit about what happened with the transaction.

Where should we start ??? I know, Jason Medina/Herpfauna plus were sold a leopard tortoise that had been in my possession for 13 months, the leopard tortoise was 3 months old when I acquired it along with 2 other clutchmates.

I had put this tortoise up for sale on KS and my website ( the addy is still up on my site )...I received a e-mail from a Jason Medina who CLAIMED to be from a company called Herpfauna Plus in Florida. He was interested in purchasing this tortoise. He wished to call me to discuss the details ...while speaking with him over the phone, I was asked the length of this tortoise of which I replied 6 inches....which was also stated in the addy on KS and on my website. We also discussed the sex of this tortoise, of which I replied that it was most likely a MALE due to the V shaped anal plates that were developing.

All was finalized and the tortoise was shipped priority overnight by 10:30AM the next morning ( which it arrive by the guaranteed time), I received a voice message 3-4 hrs. after the tortoise arrived from Jason Medina asking me to call him....upon calling him, he claimed that the tortoise was 4 1/2 inches long rather then the 6 inches I had it advertised at.....I immediately told him to send it back for a full refund of which he declined. I also stated to him that I had measured the carapace instead of the plastron and that this is most likely where the discrepancy came from as they measured the plastron....then I proceeded to ask him to send the tortoise back for the 5th or 6th time by now of all which he declined. Then I asked him what he was after if he wasnt going to send the tortoise back....he stated to me that he wanted me to give him free of charge a hatchling leopard tortoise along with allowing him to keep the one we already sent. I declined, then I stated that I would give him a partial refund and proceeded to ask him how much of a refund did he want. He asked for $35.00 back and I obliged via paypal within 5 minutes of getting off the phone with him.

I thought that this was the end of it and didnt think twice. But, then i was e-mailed by a customer of mine the following day stating that they had seen the tortoise I was advertising days earlier being advertised now by a company in Florida called Herpfauna Plus. Upon looking at the advertisement placed by herpfauna plus, I realized that they had been advertising the same tortoise I sold them....but now they claim it is a "blonde" phase animal and were also using my pictures with my watermarks removed in their advertisement.

I immediately e-mailed this Jason Medina and told him that all of my pictures were copyrighted and that I wanted them to stop using the pics and take the advertisement down immediately. I also told Jason Medina that this animal was NOT a "blonde" animal and that it had not come from a proven genetic blonde line as they were advertising it as. The e-mail I sent is below.....

>>>From: "Alex Hue" <[email protected]>
To: <[email protected]>
Subject: "blonde" leopard tortoise
Date: Fri, 23 Jan 2004 17:39:43 -0500

Hey Jason,
The blonde leopard tortoise you have advertised looks very similiar to the one I sold you !
Wait....it is the one I sold you...
1. all pictures with my watermark are copyrighted, you are using my pictures...they are still up on my site. And non the less...you've removed my watermark....thats a no no.
2. I sold you that leopard as a normal leopard tortoise that I've had in my possesion for over 13 months...its by NO means a "blonde".
I'd appreciate it if you stopped using my pictures, as I've had 5 people e-mail today whom have seen this tortoise either in real life or via the pictures on my site to let me know that you're using my pics and falsely advertising that tortoise.

Alex
www.AlexHueReptiles.com
616-8355405 <<<

This is the response I received.....

>>>From: "Jason" <[email protected]>
To: "'Alex Hue'" <[email protected]>
Subject: RE: "blonde" leopard tortoise
Date: Sat, 24 Jan 2004 10:30:55 -0500

Alex,
I apologize for my ignorance! And yes its the tortoise you sold me as 6 inches (talk about false advertisement!) The Herpfauna team let me post the tortoise on Kingsnake and this does not, in any way represent the group. They were just trying to help me out.I raised the price base on the friendly advice from the teams Veterinarian. She said it would most likely be a female, but not a 100%. I have a 7in female blonde at home and at that size she looked identical to the one you sold me at that size. I had a lot of leopards in the past and this one has a lot more blonde than the normal one. Some where, there is a blonde in the blood line. I raised the price to increase the value with the expectations of trading her for an Indian star. I posted her out of anger and was not thinking of the legal aspects; after all I am a private seller not a professional like you. If you would like you can reply to your customer e-mail explaining the situation or perhaps I can forward this rebuttal to them. I do apologize for my actions and will remove the pictures immediately. You response will be appreciated. Thanks Jason.<<<

My reply....

>>>From: "Alex Hue" <[email protected]>
To: "Jason" <[email protected]>
References: <000001c3e28f$0ef231a0$2802a8c0@jason>
Subject: Re: "blonde" leopard tortoise
Date: Sat, 24 Jan 2004 15:12:50 -0500

Jason,
Ist. did you know that its AGAINST kingsnake's terms of service for any person other than the account holder to post a classified ??? Considering you just admitted that "Herpfauna plus" was just doing you a favor by letting you post. Are you aware that they may loose their account over this ???

2. I have pictures of this "blonde" at 3 months old. Guess what...its every bit as dark as any other leopard tortoise hatchling out there. If you wish, I can have the breeder of this leopard tortoise tell you and voice publicly that he produces both the blondes and normals...and by no way is this particular animal a blonde. "blonde" leopards start out as "blondes" from hatching, they do not develop into the "blonde" coloration as this one has. I also have 2 other babies from this same clutch here in my possesion. They are nothing more than nice leopard tortoises.
Someone who wishes to produce "blonde" leopard tortoise babies WILL NOT hatch any "blondes" from the mating of this animal because this animal is NOT a genetic "blonde". What they will get are NORMAL leopard tortoises. Does that make sense to you now ???

3. As for my false advetisement...I've already stated that I have made a mistake in the way I measured this animal. I measured the overall diameter of the carapace instead of the plastron. I offered to buy the animal back...YOU DECLINED, instead you opted for a partial refund.

4. YOU KNOWINGLY purchased this animal as nothing more than a nice healthy captive bred and hatched leopard tortoise. It was never offered to you as anything but that.....especially not a "Blonde" animal.

Alex<<<

and Jason Medina's response.....

<<<From: "Jason" <[email protected]>
To: "'Alex Hue'" <[email protected]>
Subject: RE: "blonde" leopard tortoise
Date: Sat, 24 Jan 2004 16:57:28 -0500

Alex,
Well it seems like we can argue about this over and over again. This deal and relationship has gone sour. The tortoise has been in herpfauna plus possession and the account owner posted the ad for me (I gave him the pictures). There are many animals that are being brokered (and of course for a fee) out in the industry, this is what business is all about. So you can take it for what its worth. As you can see people make mistakes, now that I have some history on the tortoise and the pictures will be appreciated as it will give me proof. I would advise them to change the ad. You can take any actions you want; there are two sides to every story. This is a small industry especially in the reptile world. Thanks Jason<<<

and my response.......

>>>From: "Alex Hue" <[email protected]>
To: "Jason" <[email protected]>
References: <000001c3e2c5$0f145010$2802a8c0@jason>
Subject: Re: "blonde" leopard tortoise
Date: Sat, 24 Jan 2004 18:16:18 -0500
MIME-Version: 1.0

So let me get this right, you have nothing to do with Herpfauna
Plus...instead they "brokered" this animal for you and put your cell number on the ad and to call "Jason" ?

Who's shady ??? you or Herpfauna Plus...or maybe both???

I sold that animal to you as a NORMAL...do you understand that ??? the breeder who produced this animal has seen that ad and is rather upset that it was represented as a "blonde" when it clearly is not...do you understand that ???

You're absolutely right...this is a small industry, its one thing to
purchase a animal for resale....its a totally different thing when you mislabel that animal. By the way, one of my customers e-mailed you about the age of this animal....you responded and told them that it was "close to 2 years old" when you know for a fact that this animal is exactly 16 MONTHS OLD. Looks like you're a whole 8 months shy of "close to 2 years". Small industry huh ???

Do the right thing, you know you purchased it as a normal 16 month old. Sell it as such. "its a small industry".

Alex<<<

Jason/HerpFauna's response

>>>From: "Jason" <[email protected]>
To: "'Alex Hue'" <[email protected]>
Subject: RE: "blonde" leopard tortoise
Date: Sat, 24 Jan 2004 19:02:59 -0500

Alex,
Here we go again, I pay Herpfauna plus to post the ad for me and they dont want to get involve with the extra e-mail. This is why they use my info (cell phone?). As for the person inquiring about the age. All of the e-mail showed up at the same time so I was pretty sure it was some of your customers or acquaintances. You told me you had it for 13 months not from a hatchling so I estimated based on size (closed to 2 years- not an exact figure). You never told me it was sixteen months old. This is why I ask a Vet for her advice and she said without a history on the
animal she can only base her opinion on looks. I asked you to sendpictures and I guest Im not getting them. Once again I dont have any positive traceability on the animal, just your word (and you know how I feel about your word). We can continue this bashing all weekend; I dont have to go back to school until Monday. Be careful on who you calling shady, I have been dealing with you all the time. I dont care what
you call me, I dont own a business! Once again there are two sides to every story.
Thanks Jason<<<

So far....we have Jason claiming to be Herpfauna plus then he isnt Heprfauna plus then he's paying them for advertising his animals then all of a sudden they're Herpfauna's animals. We also have a customer of mine that e-mailed him about the age of this animal....he claimed it to be nearly 2 years old....when the advertisement I ran was for a 16 month old tortoise....here is the e-mail below I sent to Jason after catching him in his discrepancies..

>>>From: "Alex Hue" <[email protected]>
To: "Jason" <[email protected]>
References: <000001c3e2d6$97e56da0$2802a8c0@jason>
Subject: toiseRe: "blonde" leopard tortoise
Date: Sat, 24 Jan 2004 19:35:19 -0500

Ummm....Jason, the ad you replied to on KS was for 16 MONTH OLD LEOPARD TORTOISE as was the ad on my website.

What part of 16 month old leoaprd tortoise did you not understand ?

As for my word, check around. I assure you I have built my business doing things the right way. You felt this animal was smaller than you anticipated...you were offered as full refund. You declined...remember that ?

You then asked for a partial refund...which you were given 5 minutes after I got off the phone with you....remember that ?

Then you MISLABELED this animal and offered it for sale at an inflated price without any genetic knowledge of the animal....remember that ?

I'm done with..... "We can continue this bashing all weekend". As now you can explain to the rest of the reptile world why you STOLE my pics, MISLABELED it as a blonde, and MISREPRESENTED it as being close to 2 years old .

Remember.....I didnt come across your ad, I was pointed to it by the breeder and other people that saw it, how do you suppose Herpfauna Plus and Jason Medina look in the eyes of those people ???

Alex<<<

and of course Jason/Herpfauna plus had a response....

>>>From: "Jason" <[email protected]>
To: "'Alex Hue'" <[email protected]>
Subject: RE: toiseRe: "blonde" leopard tortoise
Date: Sat, 24 Jan 2004 19:51:31 -050

Alex,
I just checked the ad and you were right! I guess Im just like you,
full of mistakes. Nobody is perfect. I dont care what the rest of the
world thinks especially when you are going back and fwd with a high school student. Who is the adult here! Once again I ask you to keep herpfauna out of this, Im trying to avoid getting my dad and herpfauna involve with this. I hope you fell better.
Thanks Jason<<<<

So...you ready to tell us who you really are yet...James/Jason/herpfauna ??? or are you going to get your daddy and his high priced lawyer involved like you've been threatening me with ???

 

[Hues1]

Webslave...

I'm sure you'll be receiving a e-mail from James Mareno/Jason Medina/ Herpfauna Plus insisting that you remove this thread or they will turn loose their attorneys on you !

 

[jayshady]

Will the real Jay Shady please stand up?

Well, you have released one of my multiple personalities. My friends had a really fun time today reading your reply in computer class this morning. They were laughing at how a high school kid can get a full grown man writing threads like a 2 year old! But I was deeply sadened by all the mental anguish and pain and suffering you have caused. You have put my private e-mail on the internet highway. Thanks, I figured you would do that. How many times do you want someone to apoligize? I am not going to bend over, so get over it! Then, you tried to get Herp Fauna kicked off of KS. Now, what have you accomplished. There business is running as usual. The idea of you accusing me of being a part of Herp Fauna and having no personal knowledge of it, shows your ignorance. I think you owe them an apology. They are not going to stoop down to your level and start this childish game with you. They have no time for that. They are busy selling animals! You initially were upset that I used your photos. Then that was changed immediately. Then, I had HFP repost with my own pictures. You were still upset. Then, you stated I misrepresented the animal by calling it a blonde. I asked you for pictures of the parents and you never sent them. I advertised based on a Doctor's (Vet.) opinion. Based on our phone conversation you were asked for a straight line meausurement. What part of "straight" do you not understand? Remember that? Your credibility went "straight" out the door! So finally I obliged and the ad was removed from KS . And still, your not satisfied and posted on BOI. It seems like Alex Hue got his pride hurt when his animal was being turned over for a profit by an amateur. Get over it, that's business!!!!! So there you have it folks! Thanks, Jason Medina- a.k.a. Jayshady.

 

[Hues1]

So now you admit that James Mareno/Jason Medina are one in the same ?

I'll tell you what grasshopper, Since youy dont want your daddy involved and I would bet that Herpfauna doesnt even know this thread exists. Why dont you let them know what you've been up too?

You know what the greatest thing about the BOI is? its here for eveyone to see...for a long long time.

I'm sure your parents are extremely proud of the young man they've raised.

 

[geckosunlimited]

Alex, I feel your pain!!

Alex,

I am utterly dismayed that this person is actually trying to turn this around. The fact that he used your photo in an ad. is tacky and unprofessional. The folks that know you are well aware of your professionalism and integrity.

There are too many people that have used photos on my site to represent animals in their collections, but it is almost impossible to catch all of them. I just received an email from someone who was offered a gecko, and the seller used a photo from my site. I've done a few searches and found my photos on sites all over the world. It is really getting old!!

Keep up the good work.

 

[jayshady]

Everyone on this end has been forwarded the E-mails & links to the website and is quite aware of the chain of events. The world can view this for as long as they want. Just remember there are TWO SIDES TO EVERY STORY... Remember that!!! It seems I'm unable to go to sleep tonight because of all the stress you have caused me, perhaps I'll go to the doctor in the morning. Good night Alex...

 

[Rob @ RK Reptiles]

I am about to die from laughter from that last comment made by Mr. Moreno. The only person that has caused stress for you is you. If you had not misrepresented the animal and tried to make Alex look like he was the bad guy when in fact it is you, maybe you would be able to sleep better. If your not able to sleep it is more likely caused from your conscience hounding at you because you are trying to do something underhandedly and dishonest.

Everyone on this end has been forwarded the E-mails & links to the website and is quite aware of the chain of events. The world can view this for as long as they want. Just remember there are TWO SIDES TO EVERY STORY... Remember that!!! It seems I'm unable to go to sleep tonight because of all the stress you have caused me, perhaps I'll go to the doctor in the morning. Good night Alex...

 

[jayshady]

Hey Rob - That was my intention or maybe not, and I hoped your enjoyed my posting! As for my conscience it doesn't bother me in least bit. Alex- had the problem with what I did, I apologized and corrected it. I have full support from everyone affiliated with me. Putting a KS ad on BoI, no problem but posting personal E-mails!! Hum?? He's the one that keeps going on and on with all these posting. Enjoy JM

 

[Hues1]

Jason/James/Herpfauna/ or whatever you decide to call yourself today.....

you do understand that every time you post in this thread, it gets kicked right up to the top ???

For someone who didnt want his daddy or Heprfauna involved, it seems as if you're doing a pretty good job at keeping this thread in the limelight for EVERYONE to see.

You did notice that this thread has now had 2014 views as of this posting???

WHy dont you run along now...be a productive young man and stop being a troll.

 

[E2MacPets]

It seems I'm unable to go to sleep tonight because of all the stress you have caused me, perhaps I'll go to the doctor in the morning.

The cult strikes again.

 

[jayshady]

That's Great!
I want the world to see -how you treat customers!!! The Cult
Hey, I like that name -a new identity...

 

[Suncoast Herpetological]

James

You're not a customer...you're a parasite...that's a rather large distinction boy.

 

[pestywesty101]

I am a customer

Jayshady (That name suits you to a tee)
I'm a customer of alex hues, i also bought a leopard tortoise.
First i would like to say he is a professional i also wanted to post the picture on another site so guess what i did?
I asked him if i could and he said yes. That is the proper way.
You knew what you did was wrong when you did it and you tried to misrepresent the animal and you got caught and you even beat him out of 35 bucks over a honest mistake.
You said he was keeping this thread going if that is so why did you post again?I've bought animals from many different people but i will REMEMBER jayshady,james moreno,jamesmedina.HERPFAUNA PLUS,because you decided to flock with them and i don't see anything here to lead me to believe that they don't condone your behavior I will never buy from any of you and if anyone ever asks about any of you take a guess what i'll tell them?Also you stated that you appoligized to alex maybe you did and i missed it?It's the least you can do.
You will reap what you sow!! Tim Stockton

 

[geckosunlimited]

Ask, and ye shall usually receive

It is just that simple. I almost always allow people to use photos from my site as long as they ask. It is usually for educational purposes, so I see no harm in sharing.

 

[ArachnidFiend]

re

sorry to hear about this alex, you don't know me but i live an hour and a half from grand rapids and am planning on buying from you in the near future(i'm always checking out your site for stock), obviosly your the proffesional here, i think the leech jayshady needs to take his ridalin and stop sniffing the glue that has distorted his fragile melon, maybe then he could get some sleep and not worry about those tears on his pillow, considering hes in the wrong here, i'm happy i found this thread i will NEVER do buisness with him or that other comapny that he claims, i'll be sure to pass the word about this parasite. Jeff Holmes

 

[jayshady]

Thanks for the free publicity!!

I would like to thank everyone for all there constructive comments, considering I am pet hobbyist and do not own a business. ***News flash! Just in!*** The Herp Fauna Plus people report that the months of January and February have sky rocketed and reached an all time "high" sales record with your help and publicity. The team would like to thank all of those people that participated in this thread. Since my new found fame, I may have been inspired to eventually open my own reptile business. Using some of the names that you people so generously have given me. I have come with the following: The Cult Reptiles, Parasite Reptiles, and Shady Reptile Corp." Where an inch and a half doesn't matter!" I owe all of this to my friend, Alex Hues!!!!!!!

Sincerely,

JayShady

 

[ArachnidFiend]

re

yeah sure we beleave you over alex, not. go back to misrespresting animals and trying to scam people or impressing your little school buddies, obviously you 've stopped your self from ever having a good reputation in the small online reptile community, where there are actual people who matter not obscure companys you claim, as for your vet who says the tort is a blond , well pardon me but he/she sounds like a bafoon. Jeff

 

[ArachnidFiend]

re

thats "bufoon" not "baffon", also i was wondering if you know how to spell troll? t-r-o-l-l ?

 

[supertiger]

Jayshady all I can say is you are a f@#$&#g idiot.