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Bad Guy Derek Beando Dbeando scams

Just figured I'd post this since I was checking this guys profile out:

dbeando
Registered User
Trader Rating: (0) [Rate This User!]
Send Message User Lists
Last Activity: 03-23-2012 10:37 PM

Looks like he isnt logging on anymore.
 
good news guys, Derek took down his website or at least is not working, why is this good? because this means that when we sue him we can say he has no terms of service which means nothing says no returns just store credit..

If he had them listed then you saying he didnt would be lying and unethical. And who is to say he didnt save the website as screenshots for proof he did?

Sue him in court and win the right way, not by saying his terms didnt exist when they did. I'm certain his terms are void the moment he intended to defraud (people) out of money but still....

Chad, my understanding of what Nathan is saying is that if Derek's website is no longer active, the argument can be made that despite the terms of service in place when people bought these geckos, pulling down the website ABSOLUTELY leaves them no recourse in terms of ability even to obtain replacement geckos through store credit, even if they WANTED to go that route.

I don't think Nathan at all was implying lying in court or anything like that. At least, that wasn't the way I read it.

And to add to the information CplUry asked, most Crested Gecko collectors/breeders who specialize in the "high end" morphs buy and sell online as that greatly expands the available bloodlines and we can be much more picky in terms of exactly what we want in our collections. My own collection currently is about 40 geckos and the vast majority of them were purchased online. The online Crested Gecko community is pretty tight, as we interact quite a bit on forums like these, Pangea, the Repashy forum, Geckos Unlimited, Facebook, etc. We post pictures regularly, discuss our breeding projects, brag about what we produce, buy and sell to each other... Great way to find and connect with other people who enjoy what some would consider a little "offbeat" hobby. :thumbsup:

It's this online inter-connectedness that's making it possible for us to identify this scam this quickly. Someone knew that more than one party was laying claim to VC, someone else forwarded some pictures showing a deterioration in VC's condition to another one of the buyers that raised some red flags...

And Fauna is the place to come to expose and sort through it all.

Sorta sidenote- thanks again Rich and the Fauna mods for keeping this service up and running for us hobbyists and the reptile industry as a whole.
 
Oh and another piece of information that may be useful for Cpl Ury- there are even a few business that specialize in assiting with shipping reptiles for the online reptile industry. www.ShipYourReptiles.com and www.ReptilesExpress.com are the two major ones, and they also have recommendations posted in terms of weather conditions, packing procedures, etc.

FedEx has some standards and requirements in place when shipping using their services. You either have to go through one of the companies I just posted above, or go through the steps yourself (which involve sending out "test packages" for them to confirm meet their criteria in terms of security, insulation, box strength, etc) to become qualified with a Live Animal Shipping Waiver in order to ship through FedEx without violating their policies.

So yes- buying, selling, and shipping online has very much become a standard practice, and Mr. Beando has certainly taken advantage of the way these transactions normally take place to perpetuate this scam.

It may need to be noted that "ideal" shipping conditions in terms of weather can differ between reptile species. Crested Geckos are rainforest geckos from a region with fairly stable yearly temperatures, and actually can dehydrate and overheat fairly easily, so it is VERY common for us to have to wait weeks and even months for favorable shipping weather on both the shipping and receiving side.
 
With all respect to the situation, and the efforts being made to resolve it, things are drifting way off topic. A BOI thread really isn't the place for general information to be passed between members. The officer has provided a means for contacting him with information; please utilize that - it will be easier for him, since he won't have to sort through the thread to find things...and it will help keep things on track here.
 
so it turns out hes been responding to paypal claims saying "LIVE ANIMAL LIVE ANIMAL". I recieved an email from paypal saying that i will not be refunded at all and that they will make a note on his account...this is just making me sick. They can take our money to supposedly "protect" us and loyal, long time customers are treated like this. Ive never had an issue like this before.

guess theres no other recourse than to take this thief to court.
 
There is no way he could win in court. Him telling Paypal that her was sending or was to be sending live animals is another admission of guilt, isn't it?
I am so guys. Saw this guy on Pangea long enough, I would have thought he could have been trusted.
Just kills me he has done this.
 
There. That's what my post was for.




pei8147
Registered User


Join Date: Aug 2004
Location: Greenville SC USA
Posts: 42
Name : William Clark

Trader Rating: (2) Most folks who are buying geckos of the caliber that Derek was selling would not use USPS.

I thought a couple of videos might paint a good picture of how the shipping works...

Someone prepping:

http://www.youtube.com/watch?v=UVBiCtXyYO4
http://www.youtube.com/watch?v=8Hdztr0o4qI

Someone opening:
http://www.youtube.com/watch?v=oSVR-1jALcU
 
This is ridiculous! If you don't get what you pay for, regardless if it's a live animal, why the heck wouldn't you get refunded if it NEVER ARRIVED???
 
For those dealing with PayPal, the point you need to make is that he did not ship what you purchased. He can't provide valid tracking numbers, or otherwise dispute your claim.
Of course, if the money is no longer in his account, (which is likely,) you won't have much recourse through PayPal. There is a reason so many people recommend that you pay with a credit card - whether through PayPal, or not - you can dispute the payment(s) through your credit card company to get the charges removed.
 
so it turns out hes been responding to paypal claims saying "LIVE ANIMAL LIVE ANIMAL". I recieved an email from paypal saying that i will not be refunded at all and that they will make a note on his account...this is just making me sick. They can take our money to supposedly "protect" us and loyal, long time customers are treated like this. Ive never had an issue like this before.

guess theres no other recourse than to take this thief to court.

Do they not care about the fraud?
 
They got so big because they are owned by eBay...and most of their protections are centered around eBay transactions. Even though they don't "cover live animal transactions", I don't believe they are prohibited; and the seller failing to ship is totally different than dead, sick, or not as described animals.
Unfortunately, once they close your case, they typically won't reopen it. If you can't dispute the payment with your credit card company or bank, then press charges and hope for the best.
 
so it turns out hes been responding to paypal claims saying "LIVE ANIMAL LIVE ANIMAL". I recieved an email from paypal saying that i will not be refunded at all and that they will make a note on his account...this is just making me sick. They can take our money to supposedly "protect" us and loyal, long time customers are treated like this. Ive never had an issue like this before.

guess theres no other recourse than to take this thief to court.

Sure sounds like admission of his default and intent to defraud to me.

I REALLY hope he gets what's coming to him.

And that somehow these geckos end up in good homes.
 
Are you all calling PayPal and talking to a representive or are you corresponding with them through the computer? I recommend calling them, in my experiences dealing with PayPal they always side with me when I call. Last year they sided with me on snakes (live animals!) that I received that were covered in mites and late shipping. PayPal said I would get my money back for the shipping cost and treatment even if the seller refused to refund me. You need to stress that you NEVER received what you paid for and this seller is selling the same item to multiple people.

As far as his TOS... Without a written contract/note/email or a verbal agreement, before the sale, that states you accept and know the terms, it can not be enforced as far as I know. There is no way to prove that you even knew he had terms of service before the sale without any kind of acknowledgement. And even if you did accept the terms... there could be something illegal in the TOS that violates consumer laws.
 
For those dealing with PayPal, the point you need to make is that he did not ship what you purchased. He can't provide valid tracking numbers, or otherwise dispute your claim.
Of course, if the money is no longer in his account, (which is likely,) you won't have much recourse through PayPal. There is a reason so many people recommend that you pay with a credit card - whether through PayPal, or not - you can dispute the payment(s) through your credit card company to get the charges removed.

I have had to do this before. I actually don't even bother filing a claim with PayPal anymore, they are a pain to work with. I use PayPal because I don't have to provide my CC# to the person I am purchasing from.
 
I filed a claim with PP last Saturday. The "seller" included the same verbiage to PayPal regarding it being a live animal, but PayPal has NOT denied my claim. If people are having issues, I would suggest calling PP and speaking with them directly.
 
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