We became acquainted with Fifth Avenue Lingerie on January 6 when we inquired about leasing a database from them for the purpose of selling products contained in the database to the general Internet community.
Other than auto-responder responses we never received personal communication, so we continued to research other sources.
On April 24 we requested from their website more information. Again we received an auto-response exactly the same as we did on January 6.
After several attempts to order the databases from his website without success I replied to the email on April 24 with the following:
o Hello: I am interested in investing in your business opportunity. I have tried to order online but I could not get it to work for me. I am interested in all the programs in your demo email. I own the following domains and wish to put them to work on your behalf: www.overnightlingerie.com www.overnighttravelcenter.com www.overnightscents.com www.overnightflowersngifts.com Please let me know how I can get into all four programs you offer. We are very anxious to get started. On your site there is a $99.00 investment for the Lingerie and an $85 for the cosmetics and fragrances. What is the investment for the other two? Thank you
This time we received a response and communication began. His response, Each additional website is $85.00 plus hosting He didn't truly answer all of our questions, but at least we were starting a dialogue.
I replied on April 24 to the same asking how we pay for it.
Although, I thought I had asked that question in the above emailhe replied nearly 24 hours later (April 25), We will send an paypal invoice for you to pay from. Also, you need hosting for each of websites / domain. Click on this link http://www.mywebhostingprovider.com/phpcoin/mod.php? Mod=pages&mode=view&id=3 select your hosting for each site. You need to change your name servers over
ns1. Mywebhostingprovider.com ns2. Mywebhostingprovider.com
Also, I want to make you aware that these sites are licensed to one domain only and no copying and redistributing will be permitted. And if plan on moving the site over to your web hosting business, I would prefer not to waste my time and trouble with setting these up on our server. We can install them on yours for a flat fee of $40.00 and that includes a discount for the free month of hosting. Our normal charge is $50 per domain.
- I was still not exactly clear as to the details of the transaction that was about to take place. I admit, we were against some other deadlines and wanted to put this one behind us. Almost immediately, I responded (on April 25) I understand your license agreement. We would like them on our own servershowever, from what I read on your sitethat would not entitle us to free updates to the database. That is a huge selling point to begin with. The fact the site is loaded and the database is kept current is a huge plus. I can and have setup a lingerie site using OSCommercelots of work as you know. Let me ask you a question Do you receive the orders for dropship automatically from the site or will we need to generate a separate PO? Also, I notice there weren't too many flowers in the gifts and flowers database in fact I think just one. Can we add our own products? Our PayPal address is: [email protected] Just curious, how did you know we had a hosting business? Thanks, No Response.
O I understood this to be his license agreement, Also, I want to make you aware that these sites are licensed to one domain only and no copying and redistributing will be permitted. And if plan on moving the site over to your web hosting business, I would prefer not to waste my time and trouble with setting these up on our server. We can install them on yours for a flat fee of $40.00 and that includes a discount for the free month of hosting. Our normal charge is $50 per domain. There are no links to date on his website to the license agreement that he posted earlier in this dispute.
- On April 29th at 8:50PM we received an invoice from him in the amount of $269.95.
- We paid the invoice within a few hours. The Morning of April 30 at 7:12AM.
- Within a few minutes of making payment the sites were up. At 7:27AM I sent an email asking him to provide is with login information as we needed to make some changes. The email went unanswered.
On April 30 at 10:10PM I sent the following email, Hello: Thank you for getting the sites installed. I would like to make some changes to the front of the sitesi. E; remove the banner ads and the links to your other sites. Also there is a flaw in the lingerie site templateI would like to change that and the colors.
Please provide me with cpanel access so that I am able to make these changes.
Thank you,
Again, this email went unanswered.
O We were only interested in changing the links to all his ads, Google ads, when you click on the links it takes you to ALL his sites selling the same product. We were purchasing the rights to use his database not redirect all our traffic back to him
- After some discussion at my company concerning the events that had transpired with Fifth Avenue Lingerie. We decided that it was best to pull the plug now, rather than wait for additional problems. On May 1. We sent him an email asking to cancel and asking for a refund. He responded and said he would not issue a refund because, we wasted his time.
- If someone from the outside followed the timeline, you might agreeperhaps we did not give him enough time to complete the transaction. But that is not the real issue. The issue is we feel as the consumer, that we did not get the service we expected. It is true there is a noticeable flaw in the template of the site. Look at the picture in the center http://www.overnightlingerie.com. According to the FTC contracts can usually be cancelled within 72 hours. They refer to this as the cooling off period. We tried to settle this by allowing him to keep $50.00 to cover his losses. However, he tried to scam us into cancelling the dispute before the refund. It says on the PayPal site that if the dispute is cancelled we cannot re-open and to make sure we have received our refund BEFORE we close the dispute. Now, I am not as experienced as it seems he is in processing refunds on PayPalbut it would seem it would not be a good idea for me to cancel without first receiving our refund.
- Fifth Avenue Lingerie has lost nothing since we never had access to the database or to the HTML code. All he has done is stall during the dispute process by accusing me of scamming him. How can I scam what I don't have? If I was going to scam him I would have waited for him to provide me with the database access. This never happenedseems to me that we chose the best time to back out.
- We are asking for a 100% refund based on the facts as described in this dispute. Fifth Avenue Lingerie are not professionals. It would be impossible to have any kind of business relationship with them.
- UPDATE: PayPal would not review the case because it was an intangible and we did not purchase through eBay. I emailed him again and asked for a refund. His response, See here you go again being all rude and demanding again. See how far that got you the first time around. You should have took my offer, when you had a chance. To show you I am man of my word. I will refund 219.95 as discussed in our dispute with paypal. $50.00 is for wasting my time and pissing me off. And you agree to end your little meltdown and apologize to me and my staff for deliberately wasting our time. Also, when you post your comments on your blogs and forums, make you get it right otherwise I will be taking some more of your money for liable along with the website operator. Let me know if you like to do this. HAVE A NICE DAY!!! Just wanted to recover most of my money I agreed to the $219.95 refund. Here was my return email, Pay the $219.95 and we will see.
. He then responded, Look pal, I could tell you go pound cement. I don't like you tone or attitude. So until you get an attitude adjustment. I am going let you ponder on it for a day or two. My attitude? I have tried to be pleasant with him.
This guy has no intentions in refunding the money he took from us. We do not have the databasesI have a whole transcript from the PayPal where he admits this. He has does not have contact informationanywhere that our research has turned up. He operates out of Knoxville, TN. Some of our concerns others have the same thinghe is selling databases and then re-directing traffic back to his sites.
*below is the ebay transcipt*
From Buyer: Overnight Technologies, Inc. On 5/9 05:47 PDT
At some point I would have been willing to accept a partial refund of $219.95. You can read in my notes. I feel that the seller is trying to scam me. He wanted me to close before he gave me a refund. It clearly states on your site NOT to do this because I cannot re-open the case. The bottom line is we purchased a product that was not satisfactory. There was physical damage to the front of the site... We never have had possession of the database... Yet he accuses us of selling it on our auction site and hostinging site. I beleive his words were, "you were caught red handed trying to sell it on your auction site and your web hosting site". It's all right here in the notes of this dispute. This statement alone prooves the guy is not telling the truth about any of this. How can we sell what we don't have? If we wanted to do what he suggested, we would have waited patiently for him to give us access to the database. We asked for a refund early because we could see the writing on the wall that this was not going to be a good relationship. He has never delivered a full working product. He claims he didn't have enough time. That might be so... I don't think so since he had the sites up in minutes. We had no access... So he would make all the sales from OUR site. The FTC recognizes and even has a name for it... Its called "the cooling off period." A buyer can change their mind within 72 hours. We just want our money back. We have not used his product nor do we ever intend to use it. We cannot use it because he has never given us access to the admin section (where we would change things like paypment information... Right now all payments go to him from our site), we do not have access to the database or html. Although, he denies it if you look at the picture in the center on the top of http://www.overnightlingerie.com you can see distortion... A line running through the picture. Thank you.
From Buyer: Overnight Technologies, Inc. On 5/8 07:49 PDT
I don't know how I missed this: "Good Luck!!! You had your chance, now we will wait for paypal to decide. It a 50/50 gamble that I willing to take. I guess the determining factor is, who give paypal the most business." What kind of statement is that? You are willing to gamble because PayPal will decide based on who gives them the most business? First there is no way to tell who gives PayPal the most business. Second, I highly doubt that PayPal will decide this based on the volume of business they receive. I have tried my best to respond professionally and with only the facts. It seems that the opposite is true for you. If I could read your mind... And basically you said this... You know that I should have a refund but you feel you have a 50/50 chance if PayPal decides the outcome. Based on your assumption (it may be true it may not be true) that you do more business with PayPal than we do... You are willing to roll the dice. Not that you feel it will be decided in your favor... But you at least have a chance you can scam me out of my money.
From Buyer: Overnight Technologies, Inc. On 5/8 07:07 PDT
Since I want to be fair... And I have posted alot. I want to give My Web Hosting Provider (Fifth Avenue Lingerie) an opportunity to respond. He did say he was finished communicating with me in his last post. But out of fairness I will give him the last word and an opportunity to do the right thing.
From Buyer: Overnight Technologies, Inc. On 5/8 07:02 PDT
But that is not the real issue. The issue is we feel as the consumer, that we did not get the service we expected. It is true there is a noticeable flaw in the template of the site. Look at the picture in the center http://www.overnightlingerie.com. According to the FTC contracts can usually be cancelled within 72 hours. They refer to this as the cooling off period. We tried to settle this by allowing him to keep $50.00 to "cover his losses". However, he tried to scam us into cancelling the dispute before the refund. It says on the PayPal site that if the dispute is cancelled we cannot re-open and to make sure we have received our refund BEFORE we close the dispute. Now, I am not as experienced as it seems he is in processing refunds on PayPalbut it would seem it would not be a good idea for me to cancel without first receiving our refund. - Fifth Avenue Lingerie has lost nothing since we never had access to the database or to the HTML code. All he has done is stall during the dispute process by accusing me of scamming him. How can I scam what I don't have? If I was going to scam him I would have waited for him to provide me with the database access. This never happenedseems to me that we chose the best time to back out. - We are asking for a 100% refund based on the facts as described in this dispute. Fifth Avenue Lingerie are not professionals. It would be impossible to have any kind of business relationship with them. -end-
From Buyer: Overnight Technologies, Inc. On 5/8 07:02 PDT
, I would prefer not to waste my time and trouble with setting these up on our server. We can install them on yours for a flat fee of $40.00 and that includes a discount for the free month of hosting. Our normal charge is $50 per domain." There are no links to date on his website to the license agreement that he posted earlier in this dispute. - On April 29th at 8:50PM we received an invoice from him in the amount of $269.95. - We paid the invoice within a few hours. The Morning of April 30 at 7:12AM. - Within a few minutes of making payment the sites were up. At 7:27AM I sent an email asking him to provide is with login information as we needed to make some changes. The email went unanswered. On April 30 at 10:10PM I sent the following email, "Hello: Thank you for getting the sites installed. I would like to make some changes to the front of the sitesi. E; remove the banner ads and the links to your other sites. Also there is a flaw in the lingerie site templateI would like to change that and the colors. Please provide me with cpanel access so that I am able to make these changes. Thank you, "Again, this email went unanswered. O We were only interested in changing the links to all his ads, Google ads, when you click on the links it takes you to ALL his sites selling the same product. We were purchasing the rights to use his database not redirect all our traffic back to him - After some discussion at my company concerning the events that had transpired with Fifth Avenue Lingerie. We decided that it was best to pull the plug now, rather than wait for additional problems. On May 1. We sent him an email asking to cancel and asking for a refund. He responded and said he would not issue a refund because, "we wasted his time". - If someone from the outside followed the timeline, you might agreeperhaps we did not give him enough time to complete the transaction. Con't
From Buyer: Overnight Technologies, Inc. On 5/8 07:00 PDT
Click on this link http://www.mywebhostingprovider.com/phpcoin/mod.php? Mod=pages&mode=view&id=3 select your hosting for each site. You need to change your name servers over ns1. Mywebhostingprovider.com ns2. Mywebhostingprovider.com Also, I want to make you aware that these sites are licensed to one domain only and no copying and redistributing will be permitted. And if plan on moving the site over to your web hosting business, I would prefer not to waste my time and trouble with setting these up on our server. We can install them on yours for a flat fee of $40.00 and that includes a discount for the free month of hosting. Our normal charge is $50 per domain." - I was still not exactly clear as to the details of the transaction that was about to take place. I admit, we were against some other deadlines and wanted to put this one behind us. Almost immediately, I responded (on April 25) "I understand your license agreement. We would like them on our own servershowever, from what I read on your sitethat would not entitle us to free updates to the database. That is a huge selling point to begin with. The fact the site is loaded and the database is kept current is a huge plus. I can and have setup a lingerie site using OSCommercelots of work as you know. Let me ask you a question Do you receive the orders for dropship automatically from the site or will we need to generate a separate PO? Also, I notice there weren't too many flowers in the gifts and flowers database in fact I think just one. Can we add our own products? Our PayPal address is: [email protected] Just curious, how did you know we had a hosting business? Thanks, " No Response. OI understood this to be his license agreement, "Also, I want to make you aware that these sites are licensed to one domain only and no copying and redistributing will be permitted. And if plan on moving the site over to your web hosting business, con't
From Buyer: Overnight Technologies, Inc. On 5/8 06:58 PDT
-We became acquainted with Fifth Avenue Lingerie on January 6 when we inquired about leasing a database from them for the purpose of selling products contained in the database to the general Internet community. -Other than auto-responder responses we never received personal communication, so we continued to research other sources. -On April 24 we requested from their website more information. Again we received an auto-response exactly the same as we did on January 6. -After several attempts to order the databases from his website without success I replied to the email on April 24 with the following: o"Hello: I am interested in investing in your business opportunity. I have tried to order online but I could not get it to work for me. I am interested in all the programs in your demo email. I own the following domains and wish to put them to work on your behalf: www.overnightlingerie.com www.overnighttravelcenter.com www.overnightscents.com www.overnightflowersngifts.com Please let me know how I can get into all four programs you offer. We are very anxious to get started. On your site there is a $99.00 investment for the Lingerie and an $85 for the cosmetics and fragrances. What is the investment for the other two? Thank you, Operations Overnight Technologies, Inc." -This time we received a response and communication began. His response, "Each additional website is $85.00 plus hosting" He didn't truly answer all of our questions, but at least we were starting a dialogue. -I replied on April 24 to the same asking how we pay for it. -Although, I thought I had asked that question in the above emailhe replied nearly 24 hours later (April 25), "We will send an paypal invoice for you to pay from. Also, you need hosting for each of websites / domain. Con't
From Buyer: Overnight Technologies, Inc. On 5/8 06:55 PDT
The first part of the license agreement that you provided after the fact states in all caps: "BY INSTALLING, COPYING OR OTHERWISE USING THE DATABASE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING WITH THE TERMS OF THIS LICENSE AGREEMENT." Legally, we are not bound to the terms of your agreement since we never had access to the databases. We never used it! Not having access is only part of why we chose not to use y our services, here is the original email we sent asking to cancel, please be aware there were several other reasons why we chose too: "After careful consideration we have decided not to use your services. For the following stated reasons: 1. Lack of support. 2. We have never seen a license agreement 3. The sites are littered with links and advertisements back to your sites 4. There is noticeable distortion on the lingerie site. 5. We have not received any admin privileges to change payment information, pricing etc. 6. We do not have access to make changes to the cosmetic appearance of the sites. "If one visited ftc. Gov they will see many cases such as this and every time the FTC sided with the consumer. Just look at the responses from My Web Host Provider (Fifth Avenue Lingerie). The bottom line is we did not feel... For many reasons that this transaction should progress and asked for a refund. When emails went unanswered we figured we should nip this in the bud. No where on his site does it say it should take 48-72 hours to setup. The sites were up rather quickly... But we had no access to them.in our mind he delivered just part of a product. Again, that is only a part of the reason we wanted out of this. Read his responses... Would you want to do business with him? If at any point you disagreed he would disrepect you, lie and slander you. How can he be taken at is word for anything since he has lied all the way through. He accused me of selling the datbase on my sites... When in fact I didn't have access to the database.
From Seller: My Web Hosting Provider on 5/7 17:02 PDT
BLAH!!! Blah!!! Blah!!! Patients is not your fortay! A patient person would have given a company more than 24 hours to set up 3 websites. Like I said, I am done communicating with you. Tighten up your ship because it is leaking and full of holes. Some are so apparrant that a two year could have fun. HAVE A NICE DAY!
From Buyer: Overnight Technologies, Inc. On 5/7 03:56 PDT
"Really, if you had any talent the links could have been removed very easily, plus you could have scraped any website for free and gathered all the databases that you wanted and then written a import script to install them on your websites." You are so correct! Man... Yes my friend you are right... I could of done exactly what you described here... IF I HAD ACCESS TO THE DATABASE AND THE HTML CODE!!! If I was going to do as you say i would have waited until I had access to the database and the html code. How ignorant I am... I asked for a refund BEFORE you gave me access to those two vital things that make what you say I was trying or I was doing possible. You have lost nothing... I am the only one that has been damaged here... Refund my money.
From Buyer: Overnight Technologies, Inc. On 5/6 23:09 PDT
You have no proof that I was trying to resell them... NONE!!! You are a crook!!! If that is what I wanted to do I would have waited patiently for you to give me what you said you would... The admin rights and I would have taken it then. I cannot resell what I don't have!!! Your argument makes no sense. I have no access to a database... AND I asked for a refund LONG before I received that access... in fact I still do not have it. I do not have a product that i can use much less re-sell. I have fear I have no other choice but to escalate this further. Perhaps report this transaction as fraud to my make. I will give you a little more time just to do the right thing and refund my $269.95. A very little time. Like I better wake up in the morning with a credit on my account. Nowhere did I ever state that I planned to sell your product to build my hosting business. You are just lying and making stuff up. My intentions have never changed I would have loved to use your database to sell products because you stated you offered updates. Further, it is pretty evident that I do not now nor have I ever had access to any data or database. Again, I cannot use nor can I re-sell what I do not have. That is how this dispute started if you rememberyou never delivered! You said yourself in posts in this dispute you require 48 to 72 hours to set this up... You said you could not do it in 8 hours... Then why do you continue to accuse me of stealing your work? Again, and i repeat... I cannot sell what I do not have... You have never given me the keys to the website and therefore there is NO WAY for me to get the database. You know it and I know it. The bottom line is you are a crook... I want my money back NOW!!! The full $269.95!!! I have been patient and professional up to this point... But my patience is gone. I say your product was not as advertised... instead of fixing it you make up lies and accuse me of stealing your work. Refund my money!
From Seller: My Web Hosting Provider on 5/6 19:24 PDT
Again, I'm not the sharpest tool in the tool box, but when the only communication we get from you after the payment was made, was refund demand email. Let's see, should I continue to waste my time on it, when your sole intension was to resell your database and website to your clients. You made it quite clear that you didn't have the time to create the databases for various website that you planned to sell to build your hosting business. That is why you're having issues with links at the bottom of websites aren't you. Really, if you had any talent the links could have been removed very easyly, plus you could have scraped any website for free and gathered all the databases that you wanted and then written a import script to install them on your websites.
From Seller: My Web Hosting Provider on 5/6 19:10 PDT
Good Luck!!! You had your chance, now we will wait for paypal to decide. It a 50/50 gamble that I willing to take. I guess the determining factor is, who give paypal the most business.By the way, I was referring to my self, therefore it would I'm not you're and we can debate all night long on whether is tool box or a shed. Since it my expression, I going to refer to it as a tool box. Different people have to different sayings, for example some people to claim their is two ways to skin a cat, but where I'm from it know as walking up a very flexible tree that bends to the ground. Go figure. Have a nice day!!!
From Buyer: Overnight Technologies, Inc. On 5/6 13:39 PDT
I'm not the sharpest tool in the tool box? First the phrase is: "you're not the sharpest tool in the shed." Second the word is whether not "weather". Thirdly, I must not be the first person you have jerked around since you have so much experience with the PayPal dispute system and how refunds work. The fact still remains you did not deliver on a product you sold. You failed to provide a link to your "terms" which magically appeared. Apparently, you have other issues!!! I do NOT trust you. You already scammed me for $270.00!!! Then you want to scam me for another $50.00. Then get me to close so you don't have to pay me what you owe me. Refund the entire $269.95, I no longer wish to accept your terms. You never once tried to fix my concerns... Which it what I wanted in the beginning before opening this dispute. Bottom line you sold a product that was debunk! Refund the money and lets call it a day!
From Seller: My Web Hosting Provider on 5/6 06:45 PDT
You're not the sharpest tool in the tool box. Regardless on weather you close this dispute so I can partially refund your money, if still have the option charging this back via your credit card or bank account regardless if paypal is involved or not. Paypal system will not allow us to issue a partially refund because of the dispute, it will only let us refund the entire amount. So basically you have two choices here, trust that I am a man of my word or send $50.00 via paypal and then I will refund the entire amount. Either option works for me, plus not to mention that paypal has a record of our discussion and probably would reopen the dispute if I didn't follow thru. I understand your concerns, especially since you one not following thru with a committment. But I do and something you need to learn. When you talk the talk, you also walk the walk.
From Buyer: Overnight Technologies, Inc. On 5/6 02:25 PDT
If I close: "It's important that you wait until you are fully satisfied with the outcome before closing this dispute. A closed dispute cannot be re-opened or escalated to a claim. For example: If the seller is going to process a refund, wait until the funds are in your account before closing the dispute." Please put the funds in my account and I will cancel this claim. You are the only one jerking people around. Close the claim... Yeah right... Then I couldn't re-open if you chose not to pay. Refund my money.
From Seller: My Web Hosting Provider on 5/5 10:28 PDT
Yes, I am rude to people that jerk me around and waste my valuable time. If you want the refund then you will have to cancel this dipute, so I can refund you the $219.95 as far the hosting subscription they can be canceled by you going to your paypal account click on the subscription payment then cancel them. However, if you are unable to do that, then we can do it for you after you have cancelled this dispute. It will not allow me to refund any money until this dispute has been cancelled.
From Buyer: Overnight Technologies, Inc. On 5/5 08:47 PDT
You are so rude! Just listen to yourself. Haha. I will pay your $50.00 fee, Only because I don't have time for this. Please refund $219.95 to my PayPal account and I will close this dispute. Also, please cancel the three hosting acocunts... I don't want to be billed next month for those. Nothing more needs to be said. Since you offered... I will accept your terms. If you follow through within the next 24 hours. Thank you and good luck with all you do.
From Seller: My Web Hosting Provider on 5/4 16:46 PDT
How about agree to pay the $50.00 for wasting my time. You never email us your concerns other than your refund demand letter and I may be dumb, but I not going waste any more of time on a transaction that you didn't want in the first place. So how about chalking this experience up to following thru with a commitment and after a reasonable amount of time, if those issue you had with our product weren't resolve then you have a right to a refund. I think, less than 24 hours after your payment is a little premature to demand a refund and didn't allow us to correct the situations. As far as not seeing that page it is has always been there and again if it was a concern, then you should have request a copy of it prior to making your payment. I sell tons of website and all ways live up to my end of the committment with in reason, so why would yours be any different. We have several hosting companies and have 5700 domain under our management, this is not our first rodeo.
From Buyer: Overnight Technologies, Inc. On 5/4 07:38 PDT
We had no reason to scam you.in fact, you offered to set it up on our servers and I declined because we wanted the extra support and the database updated by you. That is the whole reason we went with your product in the first place. I don't have the time to set up the databases nor do I have the time to keep them updated. I felt your price was fair to pay for the databases and although your hosting was a little more than oursit was worth it for the other benefit of you keeping the database up to date. It sounds like you never intended to give us the login information. Then why take our money? As a matter of fact, I do not have access to the databasedo I? So if you refund my money you have lost nothingI cannot scam or take what I do not have. As far as the page you gave us here, this is the first I am seeing this.in fact I checked for a link on your site and didn't find one. Still don't see one. All of your accusations are unfounded. How could I resell it on an auction site that has been down for months and is still down? Also, where in the world would you get an idea that we were reselling it on our hosting site? Also, my good friend, how can we sell anything that we do not have access to? So, again, I must ask, "how was I caught red handed selling your product on either of our websites?" As far as doing any editing of the screenshotsagain, I have no reason to. There is no link to the one you have in your post hereand that is all I am stating. Did I miss it? Where is the link? I don't want to play games, I just want you to refund our moneythe product you sold is useless to us. I have tried to be pleasant with you through this whole process, but I feel much anger and hatred from you because this transaction did not go smooth. I wish it had, because now I am forced to populate three OS Commerce databases. Please, neither one of this have time for this. Let's just chalk it up to experience and move on. Refund my money.
From Seller: My Web Hosting Provider on 5/3 19:06 PDT
Gee, I am sorry that we didn't have your website up within 8 hours of payment and hand over the login information over to you, so you could download it and then cancel the payment like you intended to all along. Scam Artist like your self is the reason most business wait at least 24 hours before allowing you download the database as stated on this page http://www.fifthavenuelingerie.com/Os-Commerce-CRELOADED-61-Database-Import-File-p-19532.html. Further, you should know that it can take up to 48 hours for domain to resolve in the first place. Also, on that same page is license agreement that you claim to have never seen. Plus not to mention, I informed you of our license agreement prior to making the payment and if it was so important you, why didn't you demand to see it then. During that email, I specifically told you that the website is license to one domain only and can not be resold. I even offered to put the website on your servers because I knew you were a waste of my time. You choose not to because you want access to the database updates as stated in our license agreement that you claim to have never seen. As far fixing your concern, it was pretty clear from the one email demanding a refund, that you didn't to go forward with this transcation and I wasn't about to waste any more of time on you. Since you claim to have several emails, why don't you take screen shots of those and then get a photo editor to edit the content to what you like it to say. Since those emails don't exist, and your only communication to us about the websites is a refund demand. As far as my customer service skills are concerned, you had no problems with it when you sent several email about our website program prior to making the payment. I value my time and don't appreciate, a person that delibertly has me set the website up and then pull this chargeback crap because you were caught red handed trying to resell my work on your auction website and hosting website
From Seller: My Web Hosting Provider on 5/3 15:22 PDT
First of all, you had no intension of going thru with this order because you wanted to resell our work with your lame hosting company. When you realized that this wouldn't work, you decided to pay games with me. I can play games with you as well.
From Buyer: Overnight Technologies, Inc. On 5/3 10:41 PDT
Even in your response you are misrepresenting your product. First, nowhere on your site does it say anything about a 48-72 hour setup. We did screen shots of your website this morning. As a matter of fact you said it would be done as soon as you received payment. We have never seen a document titled License Agreement or anything close. Putting soundbites in an email does not constitute a license agreement. You are refereing to an email where I stated I understood that we could only use it on one site. We never asked questions about hosting with another site. Your customer service skills are lacking and we decided to pull the plug early. There is physical damage to the lingerie site itself... We have screenshots of this as well. You said we are not living up to our end of the contract, our end was to give you money... And we did. Your end was to provide a usable product... You did not. We sent you numerous emails which went unanswered. When I finally asked for a refund and stated the reasons why... instead of trying to fix my concerns you attacked me. Your product was not as described. Please refund the $269.95 immediatly.
From Seller: My Web Hosting Provider on 5/2 18:19 PDT
How did we misrepresent something that you never allow us to finish because you changed our mind and now we are suppose to eat the $50.00 we paid to the technician for setting these site up for you. 1. Lack of support - We never recieve a communication regarding these website until the email demanding a 100% refund was recieved less 24 hours after the payment was made. 2. License agreement - the customer has seen our license agreement and even asked a question about hosting with a different provider, we informed him the he could, but we wouldn't provide any future updates. He later sent an email stating he understood our license agreement and decide to host the site with us. 3. He never allowed us to complete setting up the website and those links could have been removed if he gaves us the opportunity to do so. 4. Our ad selling these website clearly states that it takes 48-72 hours to set up each website and he never allowed us to finished our job. Basically, this is about a person who changed their mind and that is fine, however we have incurred expenses in setting these website up and he should bear that expense. It is not about the above excuses, it is about him not wanting leave up to his end of contract.
From Buyer: Overnight Technologies, Inc. On 5/2 06:02 PDT
This seller totally misrepresented his product. We purchased three databases from him. We agreed to use his hosting for what we believed would give us better service. We have an unusable product. Nowhere on his site did it say he would litter the sites with his advertising. He has very poor customer service... We are demanding a 100% refund! Here is our latest communication with him where we asked for a refund, we stated the reasons hoping he would respond in kind and try and repair our concerns... instead he attacked us: After careful consideration we have decided not to use your services. For the following stated reasons: 1. Lack of support. 2. We have never seen a license agreement 3. The sites are littered with links and advertisements back to your sites It quite apparent you don't have a clue about linking back to a site that has a decent page rank with Google. 4. There is noticeable distortion on the lingerie site. What is distorted, what the name is not correct, it takes time to fine a site 5. We have not received any admin privileges to change payment information, pricing etc. Most turnkey website offer require 7 days to set everything up and your sites were up within 24 hours of payment and within 48 hours you would have your login information 6. We do not have access to make changes to the cosmetic appearance of the sites. Please process a refund $269.95 to the PayPal account we made payment from: [email protected]. Please cancel our hosting accounts with your hosting company. Once the refund as been made I will change the DNS information for our domains. After this exchange we definitely have no desire to do business with him. We believe he has committed blatant fraud and we are prepared to pursue this until we get our money back!!!
We beleive that everything above is true at the time of this posting. If any information changes with will update this report. Other than correcting a few spelling errors (ours not his, hehe) and removing names from our company and email address, the transcript from PayPal has been posted exactly as it appears in the PayPal Dispute. Nothing was changed on My Web Hosting provider/Fifth Avenue Lingerie.
0 comments