Complaint Review: Profumi - Surfers Paradise, QLD Other

In the last update I stated that i would remove the original post, I emailed ripoff report founder ED Magedson requesting it be taken down, this was his reply: --------------------------------------- Please don't let anyone ever push you into a position where you would look inconsiderate about this. That is, about your posting. What about others that would not see this and know how to deal with them in the future? If everyone did this, there would be no warning to consumers! Because of your Report you got (maybe) what was coming to you after being screwed around, right? Or are they still refusing to make things right? Now they want you to remove it! Let them know, if they do the right thing, you will let others know what a great business they he/she runs, right? If threatening a lawsuit, remind her/him that any lawsuit they file is public info and more than likely that will end up on the internet and they won't be able to do anything to anyone about decimating that public info once the lawsuit is filed. That will only get them more bad publicity. The Internet is a reality of today's business world. What we all do, good or bad is quickly and easily searchable. Those who are reported can fight, kick and scream all they want, ..this stuff is going nowhere, unless that is, Al Gore stops the Internet. :-) Read more below... Rip-off Report has no way of determining whether you or the author of the report is telling the truth. We encourage you to post a rebuttal explaining your change of heart, or have the owner of the business tell their side of the story, but, we have a uniform policy against removing stories posted by consumers. Why WE DO NOT Remove a Rip-off Report: If we remove a Rip-off Report, we would be no better than the BBB. Although we can not remove reports, we do provide and UPDATE feature that allows you supply additional positive or negative information regarding your situation. ______________________________________________ FOR THOSE WHO SAY THEY WILL SUE RIP-OFF REPORT "This is in response to your request that we remove the report posted about you on the Rip-Off Report web site. We understand that it is your position that the report is not accurate. Rip-off Report has no way of determining whether you or the author of the report is telling the truth. We encourage you to post a rebuttal explaining your side of the story, but we have a uniform policy against removing stories posted by consumers. Be advised that your threats of legal action are not supported by the law. Federal law, specifically the Communications Decency Act, 47 U.S.C.A 230, states that websites are immune from any liability for statements authored by others. Every court that has published an opinion about this statute has agreed that a website that provides a forum for others to post statements is not liable for those statements, even if they are false and defamatory. Congress enacted the Communications Decency Act to promote the free exchange of information and ideas over the Internet. Courts have recognized that Congress deliberately chose not to deter harmful online speech by means of civil liability on "companies that serve as intermediaries for other parties' potentially injurious messages." Id. Also, the Communications Decency Act preempts state law to the extent that state law allows defamation claims against web site operators and on-line service providers for content they did not create. Any claim that you might assert against Rip-off Report or its Internet Service Provider is barred by the Communications Decency Act. If you have a claim for defamation, you must bring it against the person who authored the report, not Rip-off Report. ----------------------------------------- So I am bound by the rules of the website, as are all other posters (which is fair enough). I see the point he is trying to make, other then that there is not much more I can do...

After filing a claim with the small claims court I received an email claiming I made "abusive and threatening" phone calls to the company, obviously my perception of "abusive and threatening" is something completely different theirs. I think abusive was perhaps the wrong word for this instance, due to their lack of communication I did in fact become irate, then again I think I had the right to be concerned as they never communicated otherwise. In my opinion I kept the phone messages professional, I disregarded the urge to use foul language and did not let the fact that I was annoyed rule the phone message. As for the claim that I was threatening, I did advise them that if they continued their lack of communication I would file a claim against them, if that's threatening, so be it. I find it interesting that they don't reply to my emails/phone calls from December 18th 2004 until July 25th 2005, until a claim was lodged against them, then there was an instant response defending themselves? On request I have removed the original post (they were claiming they have a "zero tolerance of defamation of our name"), so I will do as I am told. Also their email brought their "terms and conditions" which states: Non Delivery Profumi will under no circumstance be regarded as an insurer of the ordered goods and is expressly excluded from liability through loss, damage, delay or non-delivery of ordered goods once dispatched As a proof of dispatch was never sent and due to their lack of communication I was under the impression that they had never sent out the order, if this is proven otherwise I stand corrected and I apologize. I hope this post isn't misconstrued once again as "defamation", I am merely stating what occurred. I am not one to name names and point fingers where it is not due, this is all down to their lack of communication. Regards,