Jacob
Spokane,#2UPDATE Employee
Fri, June 02, 2006
The statement submitted by Brian is libelous and inaccurate therefore, we are submitting an actual copy of emails between ourselves and Brian so that your viewers can determine for themselves the truth regarding this matter. Actually, it is not my responsibility to be available to receive shipment at any undisclosed time. It is unreasonable to expect someone to sit by their door for days in a row, 12 hours each day, waiting to sign for a package that can easily be left on the stoop. Most companies that do require a recipient to receive delivery also are required to provide a 4 hour window on a specific day for delivery. If they do not show up during that timeframe, they are required to compensate the recipient for their lost time. This is a federal law. You also state that I should've had the order delivered to my office in the first place; however, that is the one thing that was stated on your form as unacceptable. So, I attempted to follow your request. You clearly stated that I had to have the item shipped to my billing address, which is my home address. You left no room for confusuion there, so it's odd that you now say I could've done otherwise. That would've been my preference. Furthermore, I did not enter into a contract that included your terms and conditions because they were not listed anywhere on the order form that I completed. Since it seems that we cannot reach a reasonable agreement, I will contact VIsa today and have them reverese the charges. You have just lost a customer. I will also post this string of emails to Rip Off Report and allow future customers to make up their own minds about the level of customer service you provide. I'm disappointed that you could not fulfill my order. Sincerely, Brian --- [email protected] wrote: Dear Brian: Again, when you placed your order with us you entered into a sales contract. We have fulfilled our obligation under this contract (see our Terms & Conditions) as it is your responsibility to be available to receive your shipment . Furthermore, credit card processing companies encourage vendors to ship 'signature required' as it protects buyer and sellor. You could have requested that we ship to your office location on our Online Order form but you didn't. Nor did you read the TO ORDER page (which you must go through to place an order online and is evidenced by our log files) which states "All orders are shipped 'Signature Required' and a signature card on file is not acceptable." Suppose your order were delivered without signature and someone stole it from your front steps...would you still pay for it or would you seek a chargeback? I know exactly what you would do.....you would seek a chargeback and you would receive it as we did not obtain a signature at time of delivery. Also, you state in your last email, "Again, all I am asking for is that you deliver the product I ordered at the price I agreed to pay" which is exactly what we have done. It is your responsibility to be available for delivery. Finally, the reasonable solution would be for you to authorize the > $10.00 charge for re-route as FedEx will charge us $10.00 for that re-route however you expect us to incur that charge and to pay for your mistake as you failed to comprehend or read our order information and/or your failure to request that we ship to your office address. > > Thank you. > > C. Hochhalter > The Spy Store, Inc. > On 1 Jun 2006 at 17:07, Brian wrote: > > > Dear Mr. Hochhalter: > > > > Your response is disappointing. I did not pay $22 for ground shipping to my home only to be told to pick the package up at a location that is 30 minutes away. Nor did I order from your company thinking you would offer misinformed threats rather than the product I ordered. > > > > As an executive for a large financial services firm who, every day, deals with credit card regulatory requirements, I am well aware that your threat about assessing a $300 charge to me is idle and/or misinformed. Frankly, you should be ashamed to even suggest such an approach to resolving a client complaint. You should also be embarrassed to fail to deliver the product and then attempt to charge an additional $10 to reroute it. Wouldn't it be much better to just remove the signature requirement at no expense to anyone? > > With that in mind, I still hope that you will make things right;however, my skepticism forces me to say that if you fail to deliver the product I purchased, I will contact Visa and have them reverse the $151 charge. I will also post your responses to RipOffReport in order to warn other online consumers of your business practices. Hopefully, you will recognize that I am trying to reach a fair and reasonable resolution with you. To prove my goodwill, I will offer some free legal advice that might protect you and your future customers. You should consider adding controls to your web site that ensure clients view and agree to your terms and conditions. Without doing so, posting your terms and conditions anywhere but directly on your order form will not protect you nor will it serve to inform your clients of your expectations because many customers will never see them as I didn't. Again, all I am asking for is that you deliver the product I ordered at the price I agreed to pay. I look forward to your response. Sincerely, Brian > > --- [email protected] wrote: Dear Mr. Brian: We have fulfilled our sales commitment to you. In addition, considering that you are unreasonably refusing toaccept the shipment (as you are refusing to pick-up shipment ata FedEx location and are also refusing to pay for the FedEx re-route charge) we will proceed with suit to enforce this sale once you have contacted your credit card company. Please note that you will be asessed a $300.00 charge for our response to your credit card company. In addition, you will also be asessed legal fees, court costs,collection fees, judgment enforcement fees, real and personalproperty lien fees, etc. For information regarding our Terms & Conditions including Spokane County venue go to thespystore.com/termsand.htm. Thank you. C. Hochhalter The Spy Store, Inc. On 31 May 2006 at 17:42, Brian Katz wrote: This is unacceptable. I never agreed to the terms andconditions you reference. In fact, I went directly to theOrder Form, which repeatedly states that I must have the order shipped to my billing address and makes no mention that you require a signature. Had I known you required a signature andthat you would only ship to my billing address, I would neverhave agreed to purchase this item from you. Hopefully, you will choose to honor our agreement, which wasthat I pay you $151 and you ship me the voice recorder pen. I did not agree to any further charges, to pick the item up orto sign for the shipment so if you want my business, you mustdecide whether to ship to my home without requiring asignature (it is a private residence in a very upscale, safeneighborhood so you shouldn't have any issues) or to re routit to my office at your expense. If you choose not to fulfill my order based on one of theabove options, please cancel my order and refund the $151 charged to my credit card. If you refuse to do so, I will contest the charges through Visa. Thank you in advance for your cooperation. Sincerely, Brian [email protected] wrote: Dear Mr. Brian: Pursuant to our Terms & Conditions all shipments require signature at time of delivery. Furthermore, there will be a $10.00 FedEx charge to re-route your shipment. As an option you can call the number on the FedEx notice and they will provide an address for pick-up. As such, please advise if you want us to re-route. Thank you. C. Hochhalter > > > > > The Spy Store, Inc. On 30 May 2006 at 17:16, Brian wrote: Hi, I had ordered the voice recorder pen and you shipped it requiring FedEx to obtain my signiture. I live in a very safe neighborhood and work during the day so I'm unsure why you would require this. Regardless, if you want my signature, FedEx needs you to call them and reroute delivery to my office. My office address is UBS Attention: Brian 1000 Harbor Blvd, 7th floor Weehawken, NJ 07086 Or you can call and remove the signature requirement. The FedEx Door Tag # is DT1010 0013 0211. Please let them know ASAP so they don't return the order to you. Thanks, Brian Katz 65 Karen Way Summit, NJ 08902