Bad Guy Shelby Mershon

[Homegrown Scales]

So to start Ive never had to do a post on the BOI. But i check it often to check people out when im considering a purchase. BOI has never failed me but, in the end theres a first time for everything. Lets start at the beginning. This happens over a couple months spanning from December 13, 2010 to Present day. Bc I havent done one of these, and i would like to provide all with all the emails we did send if someone could tell me how to post like screen shots? I realize from reading things like this the cut paste way isnt whats preferred.

I contacted a genteman named Shelby Mershon out of Springfeild, OH ([email protected]) regarding a Pinstripe ball python he had for sale on KS. I called him at the phone number he had provided in the ad. Although he was at work he took the time to speak with me and i was very happy about the snake and its particulars. After we got off the phone i spoke to my bank about sending him out a payment of $350.00This is where the emails start. Since i dont really know how to do anything else but copy paste that is what ill do. I apologize that this will get crazy bc of all the little arrows.

Subject: Payment> > > > > > > >
From: [email protected]> > > > > > > >
Date: Mon, 13 Dec 2010 15:04:53 -0500> > > > > > > >
To: [email protected]> > > > > > > > > > > > > > > >
Hi Shelby,> > > > > > > >
So I talked with the bank this afternoon after we spoke. They will be cutting a check tomarrow. So payment will go out then. Thanks for taking the time to speak with me this afternoon. > > > > > > > >
Morgan

On Dec 14, 2010, at 9:42 AM, shelby mershon <[email protected]> wrote:> > > > > > > > > > > > >
HI Morgan,> > > > > > >
I weighted the pinstripe last night he weight excatly 458 grams.If you have any questions please give me a call.> > > > > > >
Thanks Shelby> > > > > > >
1-937-207-xxxx

(i edited out the last 4 digits of his number)

> > > > > > Subject: Re: Payment> > > > > >
From: [email protected]> > > > > >
Date: Wed, 15 Dec 2010 16:37:28 -0500> > > > > >
To: [email protected]> > > > > > > > > > > >
Hi Shelby!> > > > > >
Just wanted to let you know that your payment went into the mail today. Please let me know as soon as you get it and when it clears. I can't wait to get this guy. Thanks so much. > > > > > >
Morgan> > > > > > > > > > > >

> > > > On Dec 19, 2010, at 9:16 PM, shelby mershon <[email protected]> wrote:> > > > > > > > >
Hi Morgan,> > > > >
I received your payment yesterday. I will let you know when it clears. Then we can arrange shipping. I appreciate your business.> > > > > > > > > > Thanks Shelby

Subject: Re: Payment> > > >
From: [email protected]> > > >
Date: Sun, 26 Dec 2010 12:34:13 -0500> > > >
To: [email protected]> > > > > > > >
Hi Shelby,> > > >
I hope you had a very good Xmas. I was checking on the status of my payment in my acct. Just doing some balancing after the crazy shopping that was done for Xmas. Anyways I saw that it had cleared on my end and I was wondering if you had seen the same on yours. > > > >
Morgan

> > On Dec 27, 2010, at 7:09 PM, shelby mershon <[email protected]> wrote:> > > > >
Hi Morgan,> > >
I was planning on shipping out on weds for a thursday delivery before 10:30.If that works for you please let me know.> > >
Thanks shelby

> Subject: Re: Payment> > From: [email protected]> > Date: Tue, 28 Dec 2010 15:58:00 -0500> >
To: [email protected]> > > >
Also are you using Fedex or ups? I hate the ups in this area. They killed a lesser platy male that was coming to me bc they lost him over a weekend. So they aren't my favorite.> > Morgan

On Dec 29, 2010, at 9:35 AM, shelby mershon <[email protected]> wrote: >
HI Morgan,>
Sorry for not getting back to you last night.Its been carzy i decieded to hold off for another wk and half.It is supposed to warm up by then in the upper 40's.PLease give me a call if you have any questions.> > Thanks shelby

Subject: Shipping
> >> > From: [email protected]
> >> > Date: Fri, 14 Jan 2011 14:17:59 -0500
> >> > To: [email protected]
> >> >
> >> > Hi Shelby,
> >> > I hope everything is going well in your neck of the woods. I wanted to see what you were thinking on shipping. I was looking at the weather and a Tuesday arrival is a decent day. Id still definately double box and use a couple 40hr heat packs but I think it would work especially if we did Fedex first overnight. Let me know what you think.
> >> > Feel free to email or call.
> >> > Thanks
> >> > Morgan

> >On Jan 15, 2011, at 7:17 PM, shelby mershon <[email protected]> wrote:
> >
> >> HI Morgan,
> >> I hope everything has been good, i can ship out monday if you would like.I leave agian here this coming tuesday for a wk and a half.It is still cold here and now we have some snow on the ground but not enought to matter.I can ship when ever you feel comfortable.If you have any questions please give me a call.
> >> Thanks shelby

OK so Monday Dec 17 in the early afternoon, I got a phone call from Shelby asking what i wanted to do. He said it was a little cold, not terrible though and asked if i wanted to hold off until he got back from another business trip that he was going to be on for 2 weeks. On this call i said yes why dont we hold off. I then asked him what shipping supplies he had on hand, and his cold weather shipping procedures. Like i had in prior emails, I asked if he had 40 hour heat packs, a syr box, and i also said that the only way I felt comfortable with him going out was if he was double boxed in an isulated box. He said Yes, i think I have those but ill have to call you when I get back home to verify and to confirm the shipping. Feeling comfortable that the snake wouldnt have been shipped unless he was going to do the double box, when I didnt hear from him I assumed the snake didnt go out. Since I also hadnt recived any tracking info i realy didnt think about it too much, but i sent him an email anyways.

> Homegrownscales <[email protected]> wrote:
>
> >Hey Shelby,
> >I didn't know If the pin had been sent out today. If he did just shoot me the tracking number so I can keep an eye on it.
> >Thanks
> >Morgan
> >

Tuesday Jan 18 i was woken up to Ups ringing my door bell and leaving a package infront of the door. Ill enclude the pics in the attachments. There was a smell coming out of the box and I knew right off that the snake was dead.
I opened it up and found out for sure, and there was def no question, the snake was in a snake bag, loose shredded paper around him and I found 2 handwarmers in the box. The box itself looked stable and intact except for the fact there was a DOA in it. I immediately called him, no answer and left a voicemail. Then i documented everything, took out the snake separated everything and took pictures of all of it. Then i put together an email to him regarding this matter. As soon as i opened my email i found this email from him:
> Date: Tue, 18 Jan 2011 23:14:19 -0700
> Subject: Re: Shipping
> From: [email protected]
> To: [email protected]
>
> Hi morgan,
> Sorry about the late notice die to the traveling Nd flights today I did get him sent out the tracking number is j2258896127.please give me a call when you recieve him.
> Thanks agian shelby
>
> Sent from my Verizon Wireless Phone

From: [email protected]
To: [email protected]
Subject: RE: Shipping
Date: Wed, 19 Jan 2011 11:55:04 -0500

Hi Shelby,
I received the pinstripe doa today at around 10:30-10:45. To say the least that im upset i guess is an understatement. When we spoke on the phone Monday 17th about shipping this guy out I said that I would have rather waited unless specific procedures were taken. Which none of them were. So this is the unfortunate result of inadaquate shipping. A single insulated box with newspaper and a couple handwarmers is nowhere near what should have been there to keep this guy safe and healthy during transfer. Which we spoke about on the Monday call and you seemed like you were happy to ship him using a syrofoam cooler as the outer box and then double boxing inside of that. You had said "I think I have one of those" Which I took to mean a cooler. I had said "if thats the case I dont mind shipping him out like that." The way he was shipped out i wouldnt even be comfortable shipping my own animals out like that. The fact is is I dont. That is why I said anything can be shipped if packed right even in the coldest of temperatures. But you have to pack right or its all meaningless. Im including pictures of everything I received with the doa. I know you are out of town but i truely would appreciate a response asap. Please call or email as soon as possible. Thanks
Morgan Weiss

On Jan 19, 2011, at 12:48 PM, shelby mershon <[email protected]> wrote:


Hi Morgan,
I am sorry for what happened.When i packed the animal he had 3 heat packs and i was kinda of scraed of it being to mutch heat.A heat pack was taped to each end of the box and asmall heat pack was taped to the lid.Before i shipped him out i even shot the box with a heat gun on the out side of the box and the temps wereinthe mid eighty's on the box.I felt very comfortable shipping him the way i packed him.I have recieved many of animals in the mail, and i duplicated the way people have shipped to me and i have never had any probs.I will be out of town for the next 2 wks.I do feel bad for what happened this is the first time i have had something go wrong shipping an animal.

Thanks shelby

From: [email protected]
Subject: Re: Shipping
Date: Wed, 19 Jan 2011 14:46:01 -0500
To: [email protected]


Hi Shelby,
I realize that this may be the first problem you've had shipping. But the fact remains is we need to come to some solution on this. I'm sure you felt comfortable shipping him like that but from what we spoke about on the phone I was not comfortable with shipping him out unless he was double boxed in a styrofoam cooler as outside insulation. I only found 2 handwarmers in the box so I'm not sure where the third went to. But even still handwarmers are not adequate for shipping reptiles. They do heat up but only for a few hours at most. Certainly not enough for overnight shipping in cold weather. More over the way he was shipped is adequate for summer shipping but certainly not for winter. Both of us expressed concern over the cold temps and I explained my method of cold weather shipping and said that was the only way I was comfortable with him going out. Which we agreed on. In conclusion, I do feel that this needs a solution, he was doa because Of the way he was packed and that way being completely unacceptable for winter shipping. In my Terms of sale to my customers if something like this should ever happen my immediate goal is to see what my customer wants to do to resolve the situation. Doas should be sent back to me or pictures sent to me immediately. Which I did do for you. If it is my error I replace or refund In full upon the customers choosing. Hopefully we can come to a conclusion soon and finish our transaction.
Thanks
Morgan

I ship animals in winter and the reason i told and stressed to him over the phone that Id rather him hold him longer unless the snake was shipped to me the way I was comfortable is because i myself could guarentee that the animal was going to be safe. The way i see it if he had packed it like i suggested and the animal had still died, THAT would be on me. But call me and ask what i wanted to do and my opinion and just completly blow my opinion and the safety of that animal off well imho thats just sad. So people are probably wondering hwy did it take you so long to get on here? HOnestly i wanted to give him a chance of at least talking to me about the situation. I feel totally disrespected at this point, just for the fact that i got an animal that he guarenteed alive, DOA and smelly by an overnight shipment. I have really begun to wonder if it was a dead animal in the first place that was sent out to me.

Yesterday, Feb 27th I called him and he ANSWERED! But coudnt speak to me bc he was at a show in Philadelphia. KInda a slap in the face. He asked if he could call me back which he never did, and I also reminded him that i wouldnt be calling if he had the time to pick up HIs cellphone and jot me an email trying to work this out. I feel it needs a resolution. And I realize I porbably will never get one. But since this has happened I do feel that I should bring it to public eyes just so theres a record of it. I didnt find anything on him when I searched the BOI before our transaction even occured. I love the reptile communityand my own animals, and I would never do this to some one whom bought from me whether it was my fault or not, nor risked the shipment if i knew that it was going to be a single box, and handwarmers. Id find a solution or at least try to that would make both parties feel good about the whole situation.

AGain sorry this is really long, but wanted to give all info i had, pictures are included. Thanks so much

Morgan Weiss

 

[scarnicom]

That is terrible!!! I have almost a few deals with shelby locally, but never completed a transaction with her as she is always unavailable. It looks like everything was done correctly accept the hot hands heat warmers. That and the double box as you requested. But If I had to guess on cause of death I'd say over heated.

Thats quite a small box for 2 warmers made for HUMAN contact that reach temperatures between 130 F and 140 F and hold that temp very well for up to 10 hours! So death most likely occurred within the first hour or two after he sealed the box, which would lead to the smell of a sitting, rotting, DOA that you would receive say roughly 15 hours later.

It's a shame and I hope Shelby makes everything good and takes a good lesson from this.

Good Luck Morgan.

 

[Homegrown Scales]

Well i hope so, I really havent gotten far with him. I had prety decent conversations oer the phone, and none of my uh oh radars went up. In all reality Id like us to find a solution. I wouldnt treat someone like this and I dont expect to be treated like this. Ive been nothing but cool, calm, collected and most of all patient with him. We all have lives, and things get busy, but to only receive an oops dont really know what happened but sorry and thats it? I know most everyone these days can pick up their cell and throw out an email, no matter where you are but....he cannot be bothered. Idk i debated for a little while on the BOI thing, but in the end its been waaay more than long enough to find a solution for the doa pin. Its sad i was really happy with him until this, i felt like things were good and we communicated well, but i guess im wrong,

 

[[email protected]]

it seems much of this was caused by the hot hands used to heat the box. i would never use hothands to ship any reptile because it heats up quickly and dies just the same. Since it was a DOA he should cover the replacement. At the same time i hope you told him about this thread since it is only fair.

 

[scarnicom]

You have been an excellent customer in my opinion, you seem very calm and collected and not getting irate as some people would. And it was very smart of you to bring this here because if worst does come to worst this will definatley hurt her sales and force her to make things square. But I think thing will be fixed over time.

Although in the last email reply it seemed as she just brushed it off like " oh this has never happened before, oh well " And it kinda seemed like he had no intention of a refund or replacement but. That would be the first thing I would want to hear from the seller is assurance that they are going to correct this mistake.But thats just what I got from that last email.

Just hope for the best and keep attempting to contact him.

 

[Homegrown Scales]

True, bringing the sellers attn to this thread is only fair. I will do so immediatley. After over 1 month of no emails or contact beyond the last email, and the phone call yesterday where i was supposed to get a call back, i still have yet to receive any thoughts on replacement or any other solution, to this issue. I had asked multiple times whether Shelby had 40 hour heat packs for shipping while we were over the phone and had been told yes. If I had known that their version of 40 hour heat packs were hothands I would have just held off until spring. I wouldnt endanger any one of my animals in a shipment like that. I Never expected that to happen. Thanks to all for the kind words. Even though a solution may or may not come to this Im sure there are others that Shelby is doing business with and they deserve to know what kind of shipping care goes into shipping the animals.

Morgan Weiss

 

[scarnicom]

Well put Morgan.

 

[Homegrown Scales]

An email has been sent to Shelby regarding this thread.
Morgan Weiss

 

[KelliH]

The low in your area the day of delivery was 3 degrees. Three degrees! The high was only 24. Why on EARTH anyone would be okay with shipping OR receiving reptiles in conditions like that is beyond me. How sad for the snake.

 

[bullies&balls]

Just for the record Shelby is a HE not a she.... Named after the car maker Carrol Shelby

 

[Cp3_Pythons]

The low in your area the day of delivery was 3 degrees. Three degrees! The high was only 24. Why on EARTH anyone would be okay with shipping OR receiving reptiles in conditions like that is beyond me. How sad for the snake.

I really cant say anything else besides plain and simple

The question to ask is who is at fault in the demise of the Pinstripe Ball Python? The person that shipped the Pinstripe Ball Python out using less than satisfactory shipping materials? Or the receiver for agreeing to have the Pinstripe Ball Python shipped in COLD weather?

Yes if the packaging was done correctly maybe the Pinstripe Ball Python would have made it safe But with tempatures like that its always better to play it safe...

I feel horrible for the Pinstripe Ball Python

 

[Matt2979]

The question to ask is who is at fault in the demise of the Pinstripe Ball Python? The person that shipped the Pinstripe Ball Python out using less than satisfactory shipping materials? Or the receiver for agreeing to have the Pinstripe Ball Python shipped in COLD weather?

IMO the seller is totally responsible for any temps that he ships an animal in. As a seller, I will NOT ship to a customer if I'm not 100% comfortable with the shipping conditions (temps, as well as other factors). Even if a customer gets mad because I won't ship, too bad. I back the guarantee (not the customer) AND I refuse to put my animals through that kind of stress. I also know the difference between hand-warmers and 40-hour heat packs!!

 

[KelliH]

IMO the seller is totally responsible for any temps that he ships an animal in. As a seller, I will NOT ship to a customer if I'm not 100% comfortable with the shipping conditions (temps, as well as other factors). Even if a customer gets mad because I won't ship, too bad. I back the guarantee (not the customer) AND I refuse to put my animals through that kind of stress. I also know the difference between hand-warmers and 40-hour heat packs!!

The thing is that even if proper heat packs had been used, it would still have been irresponsible to ship the snake in those conditions. Heat packs only raise the air temps by about 15 degrees, and with a low of 3 degrees that morning... I would never ship in temps that cold. I place blame on both the shipper and the receiver, with the shipper getting the majority of the blame since he had the snake in his possession and therefore had control over the shipping situation. However the buyer knew how cold it was in his area and should not have asked for the snake to be shipped.

 

[Cp3_Pythons]

Matt, Kelli,

I see where both of you are coming from but I too would have to say both had a part in this Yes the packaging and the source used for heat where not satisfactory. But some places/breeders NOT ALL do say that its up to the buyer to know the lows and highs of there area Im unsure of the sellers terms of shipping so I dont know if this is the case.
Either way the Op IMO shouldn't of had the Bp shipped in temps that low...

Matt,

And that makes you stand out in the crowd as you check both temps in your area and on the receiving end to ensure that your animals arrive safe and sound its hard to say but alot of people dont look nor think of things like that... Im sure you would at the least semi agree with me on that.

 

[Homegrown Scales]

When Shelby had called me I specifically said my opinion, about cold weather shipping and had also said if you don't have everything to pack him. Hold him plain and simple. The way I had suggested to ship, would Have gotten him here safe in my opinion. Hey but well never know. In the end I had a shipper call me for advice on the subject, and I gave it to him. My advice was to hold him unless Shelby was going to take extra precautions against the cold. None were done, and he still didn't use adaquate materials. If I had also been told the truth on the extent of the supplies, that never would have been attempted. Ever. Period.

 

[Cp3_Pythons]

When Shelby had called me I specifically said my opinion, about cold weather shipping and had also said if you don't have everything to pack him. Hold him plain and simple. The way I had suggested to ship, would Have gotten him here safe in my opinion. Hey but well never know. In the end I had a shipper call me for advice on the subject, and I gave it to him. My advice was to hold him unless Shelby was going to take extra precautions against the cold. None were done, and he still didn't use adaquate materials. If I had also been told the truth on the extent of the supplies, that never would have been attempted. Ever. Period.

If thats the case Im not sure........

Yes the materials used where not adaquate.
Yes he could have made it if shipped the way you described I mean no hard feelings by this but even then I personally wouldn't have risked the animals health.
When you had to explain to him on how to package the Bp to ensure he was safe for cold weather shipping. You should have realized or asked how many times has he shipped in cold weather... I mean If I have to explain to someone I just ordered an animal from on how to ship it... Imma be worried

Now Yes the seller is also at fault as Matt said any GOOD DECENT SELLER that ships will check the temps in both area's before shipping... And any DECENT SELLER would offer a refund for DOA animals as well...

I do however belive you should be entitled refund maybe not a full refund as IMHO both parties were at fault But I do hope that this situation is able to be handled in a mature manner and both parties can come to an agreement on how to settle this. As well as learned from this tragic incident in order to prevent it in the future

 

[rjarosek]

The thing is that even if proper heat packs had been used, it would still have been irresponsible to ship the snake in those conditions. Heat packs only raise the air temps by about 15 degrees, and with a low of 3 degrees that morning... I would never ship in temps that cold. I place blame on both the shipper and the receiver, with the shipper getting the majority of the blame since he had the snake in his possession and therefore had control over the shipping situation. However the buyer knew how cold it was in his area and should not have asked for the snake to be shipped.

I agree with Kelli, That snake should have been requested to be held until shipping was better and the shipper should have refused to ship until it was warmer. The hand warmers are a joke that poor snake never had a chance.

 

[Focal]

Poor pinny!!

One thing I would like to note, may not be the case here, but a lot of people only pay attention to the high temp for the day. DON'T forget the lows!! Most snakes go out after the high temp and are delivered before the high hits for the next day so that number is IRRELEVANT!

 

[Homegrown Scales]

Honestly I was thinking he was being honest with me about materials on hand. But as well as was supposed to call me to confirm what materials he had and to confirm if I wanted to ship out. I haven't expected a refund, but I was told he would be replaced if anything went wrong. That was In our very first phone conversation. We spoke about everything from the snakes particulars to live arrivals and guarantees. That is only a verbal agreement though. I should have been thinking about thinks like this.

 

[Focal]

FWIW, the extra insulation would not have mattered with those heat packs. It could have been 5 inches thick, an hour or so after those heat packs extinguish, the ambient temp in that box will match it's surroundings. Hot hands are not a dependable alternative.