In May, I signed up for a Printroom account, paying $200 for a Premium membership, to market my photographs. Terms of membership indicated that they would take payment from my customers on my behalf, deduct their costs for order fulfillment and their commission, and pay me the balance in the form of a profit check no more than 45 days following a sale. Terms of service indicate that the initial membership payment will not be refunded after 30 days, and that no checks will be issued for less than $100 unless a check processing fee of $15 is aid.
I posted an event to Printroom in May that generated about $200 in sales with a profit owed to me of $142.43 (the balance retained by Printroom to cover their commission and fulfillment charges). I did not receive my check when due in June. I complained and was paid in late July with a note indicating that they had experienced financial problems but had received new capital.By that time I had already posted additional photos, made additional sales, and had also passed the 30 day limit to cancel my account and receive a refund.
For June, I sold an additional $252.82 in photos with a "profit" owed me of $197.32. I have yet to receive that check or any commitment on payment despite repeated complaints (Case 00267857). For July, I stopped posting photos to the site but still sold $74.95 in sales with a profit of $58.00 that has not been paid. I asked to have that amount paid even if a check issuance fee will be deducted. However, under the terms of service there should be no such deduction since they now owe two months of payments totaling over $100 ($255.32). If they choose to pay me in two checks rather than one, that is their problem and not one for which I should be charged.
At this stage, I want full payment of the amounts owed me for overdue profit checks. I also want to have my initial payment of $200 refunded. While the refund period has passed, the entire sale represented a fraudulent misrepresentation of the service offered since they never once complied with a material condition of the membership agreement. Not only that, but it is apparent from complaints by other people that this is not a new problem and that they knew they would not be able to comply with the terms of the agreement when they took my money. Given this, I believe I am appropriately owed a total of $455.32.
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