Complaint Review: EMerchantClub SMC SMCecommerce - Chatsworth California

I joined SMC and approached eMerchantClub with regards to having a SMC eCommerce website built for me this company was recommended by SMC. Before dealing with them I asked weather there was a 30 day money back guarantee or something of the sort and I was assured there was by the representative that I was speaking to this representative told me that I can try there services for 30 days as long as I don't sign and return any thing to them by mail. A couple days pass and I received from them an invoice followed by a blue customization form for the splash flash pages which you can purchase with the site. But I didn't get the website customization forms which I was expecting. I noticed that it wasn't included and proceeded to call their tech department and ask them why the customization forms where not included with my invoice.

There tech department told me that they had sent it to me and that it was on the way. they then told me that they needed some personal information from me so that the site could be finished which I had no objection to as I wanted to see the product before I signed and returned anything to them he then sent me a link in an email which lead me to a site he told me was just to help them finish the site so that I could see it.

I was really looking forward to doing business with them so much so that I upgraded to a more expensive package and paid the difference. A couple day's later one of there competitors called me and made me an offer to build me a better site for a lower price. What bothered me about this is that the competitor called me on my private unlisted cell phone which I was using to do business with eMerchantClub because my main number blocks unrecognized long-distance phone calls. This competitor knew everything about me including exactly what order I placed with eMerchantClub. This showed me that my personal information wasn't safe with this company and I no longer wanted to do business with them as such.

I promptly called my contact and inquired about how to obtain a refund only to get his answering machine and he never returned any of my phone calls I haven't been able to get in touch with him since I had to call and speak to a manager directly regarding my refund who then gave me instructions on how to obtain this. I then followed his instruction and I was given this response (I am going to cut and paste directly from the email, I can fax or forward the original as proof at anytime)

Dear (My Name),

Your request to refund the setup fee for your e-commerce website and/or merchant account and gateway has been reviewed. We decline your request as you have exceeded the period and/or conditions allowed for a refund.

Request for ecommerce website refund & cancellation was sent past the 30-day period stated on your License Agreement for the website and/or you agreed to the terms and conditions as stated on the license agreement. Your ecommerce website has been built according to the information you provided and you were notified its completion. A copy of the website cancellation policy has been included for your information

Request for refund & cancelltion of the merchant account/gateway setup fees was sent past the 30-day period as stated on the Merchant Account/Gateway Purchase Agreement or Merchant Account application has been submitted and has not been declined by IMS or has been approved and your payment gateway has been setup.

We are sorry that we cannot grant your request but reaffirm that you are a highly valued customer. We have cancelled your website and extend to you an opportunity to reactivate the site within the next 6 months for a very small fee.

You may incur a fee for an additional month with IMS as it may take up to 30 days to close a merchant account. IMS maintains a 30-day cancellation policy.

Below is the cancellation policy that you agreed to.

"IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE THIRTY (30) DAYS TO CANCEL YOUR PURCHASE OF A CUSTOM E-COMMERCE WEBSITE, MERCHANT ACCOUNT AND/OR GATEWAY SERVICES, AND REQUEST A FULL REFUND. IF YOU DO NOT REQUEST A REFUND WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST RECEIVED THIS AGREEMENT, OR IF YOU COMPLETE AND SUBMIT THE ATTACHED WEBSITE CUSTOMIZATION FORM THE INITIAL FEE YOU HAVE ALREADY BEEN CHARGED WILL BE NON-REFUNDABLE.

CAREFULY READ THIS AGREEMENT BEFORE COMPLETING YOUR WEBSITE CUSTOMIZATION FORM OR USING YOUR EMERCHANTCLUB WEBSITE. BY RETURNING THE FORM OR USING YOUR WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND ALL OTHER USER POLICIES AND AGREEMENTS THAT EMERCHANTCLUB MAY ESTABLISH FROM TIME TO TIME.

IF YOU DO NOT AGREE TO THIS AGREEMENT (I) YOU SHOULD NOT COMPLETE THE CUSTOMIZATION FORM AND/OR APPLICATION(S), (ii) YOU MAY NOT USE A CUSTOM E-COMMERCE WEBSITE, AND/OR MERCHANT ACCOUNT AND GATEWAY, AND (iii) TO RECEIVE A REFUND, YOU MUST TERMINATE THIS AGREEMENT AND REQUEST A REFUND WITHIN THIRTY (30) DAYS."

(I'm resuming typing)

some key points; At this point it had not even been 2 weeks yet since my invoice date, all customization forms which I received with my invoices are the original and unsigned (I can fax these to anyone who wants to see them) I have not returned anything to them which they have sent me (my reason for this is because of the 30 day money back guarantee which I was told more than once about I planed to see what I was getting or at least get an idea and then sign and return everything together when I was sure this was the best choice for me).

Now magically I talked to them before I asked for my refund and asked them when the site was going to be complete they told me it won't be finished for another week. WHEN I FAXED IN MY REQUEST FOR A REFUND I RECEIVED AN EMAIL THE SAME NIGHT SAYING THAT MY WEBSITE WAS COMPLETE.

Please note that my site is not complete as I have signed nothing and sent in nothing to them. So there for it is incomplete because they lack services which they have BILLED ME FOR BUT NOT PROVIDED. I paid for a E-Commerce Website with a merchant Account & Gateway 10 email accounts, six(6) doorway pages($299.00 USD EACH) none of those have been set up because I haven't signed the customization forms or used the site. You can't even make orders from the site because it hasn't been complete they would go thru but not get processed so this makes my business look bad.

My response to this was ok I might as well try to solve this with them first before I take any legal action. I called my representative all I get is a busy signal or his voicemail and he never returns my calls. I called their tech department and asked to speak to a manager; they forward me to some guy that seemed more interested in arguing with me and saying that I can't read when I asked him about what was written in the email above. I then received an email from Miajudeane Reed (The Merchant Operations Supervisor eMerchantClub, LLC) for the company. I'm going to cut and paste again some points from this email.

Dear (My Name),

We regret that you are not satisfied with our decision to decline your request for a refund of fees paid to setup your SMC eCommerce Website and we would like to address your claim that you did not receive nor sign and agreement to the terms and conditions surrounding the use of an SMC eCommerce Website and reiterate your phone conversation with Cesar earlier today.

You are absolutely correct, we do not have a physical signature what we do have is a digital signature from the online customization form that you submitted on 4/18/2005 6:50:56 AM. The website customization form with license agreement was sent to you via email on April 13, 2005. So, in summary, the following has been concluded:

30 days of the date I first received this agreement - this date is found to be April 13, 2005

have never received this agreement from you guys - this agreement was sent to you as a link via email on the above date and which eventual submission of said online customization form constitues your agreement with the terms and conditions thereof.

The aforementioned email will be made available to you upon request and we would like to reaffirm that you are a valuable customer. In light of this, we would like to extend to you the offer to evaluate your SMC eCommerce Website for ninety (90) days risk & fee free. This offer is valid until May 6, 2005.

(Typing again)

some more key points; I have asked them for a copy of this so called "digital signature" and am waiting for a response, they seem to think that April 25th is 30 days from April 13, 2005 (please note my most recent Invoice date is actually April 19th 2005) NOTE: THIS IS IMPORTANT TODAYS DATE THAT I'M FILING THIS RIP-OFF REPORT IS "MAY 12 2005" so in fact its still within 30 days and this has not basis with them; second and the most important thing is no where in the contract or terms which I saw online does it mention anything about any online customization form I was quick to download the site with the terms and condition so they can update it but I still have the original which pertains to this transaction. and the only thing I did online was send them some personal information to help them build the site so I could see it and make my decision regarding my refund by signing the forms I received from them and send them in(which I have not) second on those forms it states that by signing them and returning them to the company that the offer becomes non-refundable which is fine because I haven't signed them or sent them in as I was told by my representative yet they are still refusing to give me my refund even though I have those forms stating that.

So at this point I'm thinking that maybe they don't exactly understand what's going on because everything they've sent me so far seems to be just plain wrong or incorrect. When I got in from work at 1:45am even though I was extremely tired I took the time to write an email to them which expressed that I wanted a full refund from them because they lost or shared my personal information including my private cell phone number and content of my order which I purchased with the use of my Credit Card. they rejected my refund this time without explanation actually I'll just cut and past the email again.

Dear (My Name),

The request to review your account for reversal of our decision to decline your refund has been completed.

We regret to inform you that our decision stands. The previous offer to evaluate your SMC eCommerce Website for 90 days at no cost to you still stands. Please respond to this message if you would like to take advantage of this risk free offer.

Some key points; I asked them to explain how my personal information leaked to there competitor including my personal contact information. (I have not received a reply regarding this), I have my original forms which are unsigned which shows I'm entitled to my refund(I can fax a copy on request), I have never received a copy of the TOS with my invoice I had to get a copy online.

Sorry for the long rant/complain below are my main points.

*I've been charged for services this company has not provided

*They have rejected my refund even though I haven't signed anything or returned anything to them like I was told not to do.

*They claim they have a 30 day money back guarantee but that is a lie even though there forms state "refund" and that's what I've been told

*They lost or shared my personal information without my consent written or otherwise.

*They have made no attempt to explain how their competitor obtained my private unlisted number.

BASED ON MY EXPERANCE AND THE REASON LISTED ABOVE I WOULD STRONGLY RECOMEND THAT PEOPLE AVOID DOING BUSINESS WITH EMERCHANTCLUB THEY ARE DISHONUST AND HAVE UNETHICAL BUSINESS PRACTACES AND LIE TO THEIR COSTOMERS.

I have tried resolving my issues with this company civilly but they have made no attempt to do so. I have field a report with the better business bureau and am waiting for their results I am looking for a lawyer to represent me though because I take the lose of my personal information or distribution of it very seriously. I would like to add that if they had just given me my money back I would have been happy with that but they still have made no effort to explain what happened or give me my refund. So I'm seeking legal action as an option.

Also please note that I have copies of all my emails and backup copies of everything including my invoice which lists exactly what my site should have so you can see for you're self that it is not complete.

Thank you for your time, and I hope this helps people from making a big mistake by doing business with this company.

Richard

Brampton, Ontario
Canada