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Bad Guy jen cisneros

Restocking fees aside, here is what the Uniform Commercial Code has to say:


Uniform Commercial Code › U.C.C. - ARTICLE 2 - SALES (2002) › PART 7. REMEDIES › § 2-708. Seller's Damages for Non-acceptance or Repudiation.
§ 2-708. SELLER'S DAMAGES FOR NON-ACCEPTANCE OR REPUDIATION.

(1) Subject to subsection (2) and to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-acceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this Article (Section 2-710), but less expenses saved in consequence of the buyer's breach.


While sellers can and sometimes do take a hard line and insist on restocking fees, in this case since the critter never left the seller, I'm with the others who have said that the seller sticking it to the buyer is just going to hurt the seller's reputation.
 
Lose the restocking fee and go to a non-refundable deposit held as a credit if the animal is not purchased in the designated time. Put it in writing, send it, get a response to it and save it.

As for your TOS, I'd skip you too. I breed and ship and have for years and it royally sucks when someone else messes up and causes damage or death to what you've worked had to sell, but if you charge someone who hasn't even received the item, be it live or dry goods, you only harm yourself. When it happens, eat the loss and know you did the right thing EVEN if it wasn't your fault. Chances are your buyer will send you more in new customers than you will lose. Unless it's multiple thousands of dollars worth of snakes in which case you may want to use a shipper that does offer loss coverage.
 
I have to agree with others. Start charging a non-refundable deposit instead. Asking for a restocking fee on something that hasn't left is wrong. Since the animal hasn't shipped, refund the money, change your tos, and take it as a lesson learned. I've had buyers back out of payment plans. I always refund the money minus the non-refundable deposit (usually 20%). If you already shipped the animal and she changed her mind, that would be different.
 
TOS are insane, everyone's correct this just hurt your business more than giving back the money would have. I for one would not purchase from you
 
i agree w/ you guys. i misrepresented what the fee really is...it's not a restocking fee. i should've worded it as a "non-refundable deposit". I've had more than 5 requests on the female since she's been marked as sold. i think the reactions from this thread is bc of the misrepresented fee being labeled as a "restocking fee". i apologize for that and i will change it to a "non-refundable deposit" so let's say it was a 25% non refundable deposit we're disputing over. how do you feel then?

i disagree w/ my policies being outrageous. there are a lot more strict policies out there. i've been burned a couple of times bc i changed my mind but never have i filed a dispute bc i didn't like the breeders policies. i sucked it up and chalked it up as a lesson learned and made sure i read all tos before i purchase from anyone new.

i didn't hide anything. she should've read the tos before she purchased and she's calling it a "random" fee and files a paypal dispute!. some breeders have all sales are final period.
 
rottsko said:
i agree w/ you guys. i misrepresented what the fee really is...it's not a restocking fee. i should've worded it as a "non-refundable deposit". I've had more than 5 requests on the female since she's been marked as sold. i think the reactions from this thread is bc of the misrepresented fee being labeled as a "restocking fee". i apologize for that and i will change it to a "non-refundable deposit" so let's say it was a 25% non refundable deposit we're disputing over. how do you feel then?

i disagree w/ my policies being outrageous. there are a lot more strict policies out there. i've been burned a couple of times bc i changed my mind but never have i filed a dispute bc i didn't like the breeders policies. i sucked it up and chalked it up as a lesson learned and made sure i read all tos before i purchase from anyone new.

i didn't hide anything. she should've read the tos before she purchased and she's calling it a "random" fee and files a paypal dispute!. some breeders have all sales are final period.
Click to expand...
Could you not go back to those 5 and tell them she is available, a quick sale would make everyone whole. It is unlikely all 5 of those potential buyers have found an animal to buy since Friday. If successful you could start with a clean slate and yes a non refundable deposit changes the story completely, but those were not your terms when she purchased it. A change in terms and a complete refund would buy a lot of good will here.
 
rottsko said:
i agree w/ you guys. i misrepresented what the fee really is...it's not a restocking fee. i should've worded it as a "non-refundable deposit". I've had more than 5 requests on the female since she's been marked as sold. i think the reactions from this thread is bc of the misrepresented fee being labeled as a "restocking fee". i apologize for that and i will change it to a "non-refundable deposit" so let's say it was a 25% non refundable deposit we're disputing over. how do you feel then?

i disagree w/ my policies being outrageous. there are a lot more strict policies out there. i've been burned a couple of times bc i changed my mind but never have i filed a dispute bc i didn't like the breeders policies. i sucked it up and chalked it up as a lesson learned and made sure i read all tos before i purchase from anyone new.

i didn't hide anything. she should've read the tos before she purchased and she's calling it a "random" fee and files a paypal dispute!. some breeders have all sales are final period.
Click to expand...

REALLY? You're seriously going to stick your buyer with the 25% because you decide to change your mind about what your terms mean? I'd never buy from you. Your terms ARE ridiculous and unreasonable. Your reputation is quickly falling into the garbage.
 
Having a non refundable deposit placed on an animal or item is one thing, sticking a "restocking fee" because she decided to change her mind is ridiculous. People change their mind all the time. Let it go and move on.
 
i misrepresented what the fee really is...it's not a restocking fee. i should've worded it as a "non-refundable deposit"
Click to expand...
so let's say it was a 25% non refundable deposit we're disputing over. how do you feel then?
Click to expand...

So, because it has been suggested you simply change the wording, you still feel justified in keeping 25% of the buyer's money?

Did she pay in full on 5/9 or did she make a "deposit" and ask you to hold the animal?

IMO, if she paid in full and then changed her mind the next day (and yes, again, buyer's remorse sucks, but it's part of the biz and should be expected now and then) she shouldn't be expected to eat your 25% restocking .... oops, I mean newly created non-refundable deposit.

If a prospective buyer makes a deposit, asks you to hold the animal for a specified amount of time, and then changes their mind before the balance is paid, then yes, IMO, you are entitled to retain a portion you can call a non-refundable deposit.

You also can't blame her for not reading your TOS. I would not have expected to pay your "restocking fee" either, had I ordered, paid in full and changed my mind before you shipped.
 
You had 5 requests for that specific cham in 24 hours??

Meh, no difference in how you word it. Your whole TOS is unpalatable. Not all FedEx World sites hold packages, so YOU could have a package held far away from the destination because YOU shipped when the weather was "not in perfect condition for shipping"?? Why would you ship then?? I eat shipping charges on a DOA?? Nah, too many other sellers with more friendly TOS.
 
This thread is getting quite entertaining and possibly EXTREMELY damaging to this fellas rep as a good business to get chams from. Ive seen him advertise quite a few good looking and overall healthy looking animals on a few different web platforms but when a persons character comes into light and is not satisfactory or up to par with what would be "right" then that would easily be the deciding factor in my opinion on whether to buy or not. I buy chams all the time and unfortunately may not do any business with komeleons. To not fully refund someone's money after barely 24 hours after a purchase is a bit absurd even with this so called "deposit" or "restocking fee". Ethical business practice is at just a high of standard in my book as the health of the animals being purchased. Do the right thing and ditch the nonsense man it's looks extremely petty on your part. If you had packaged the animal for shipment and was preparing to send him out I might somewhat see your side of this situation, but that wasn't the case. But in NO way would I ask for a restocking fee for 15 min of my time and the click of a mouse. And then someone bringing up the fact that you've backed out of deals yourself.... It's not painting the best picture for you my friend, but hey, beautiful specimens I've seen advertised. You've got your husbandry down, just try and start treating people how you would like to be treated business wise.- Jacob Carey
 
Ed Clark said:
Bazinga!!!!

Sang Ko backed out of a deal on you?
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Yes, I had a red barred ambanja for sale awhile back and he contacted me and asked me to hold him until he was paid for a Cham he had up for sale. He offerered a deposit but I told him I'd hold him anyways. After about a week he told me he was still waiting in payment and I was fine with that. After about another week after I send him an email asking if he was going to buy and he replied with its not what I'm looking for after all. This is ok with me, it's part if the business but I am amazed at his posting a bad guy thread telling other people not to sell to someone for doing basically the same thing he did to me. I marked the animal he had requested sold and also told interested he was sold and after a couple weeks they had found other available chams. Frustrating isn't it sang, just refund all they're and move on like a professional would, not come in to forums crying just because someone barely inconvenienced you. Click on the refund button and move on.
 
rottsko said:
I've had more than 5 requests on the female since she's been marked as sold.
Click to expand...

Maybe I am missing something, but when I look at your site you only have one animal for sale (well, 2, since you offer male or female) so I find it hard to believe that more than 5 people wanted that animal within 24 hours.
 
You really jacked up BOTH your shipping and your 'restocking' fee from what was on your site? You want to hold her, and others, to the "letter of the law" for your TOS, but not yourself?

Tsk, Tsk.
 
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