This is my response:

________________________________________
(The consumer indicated he/she DID NOT accept the response from the business.)
The information provided by the seller is a somewhat incorrect.

The paypal claim was made for the first shipment as he was not responding to my complaint re DOA.
Paypal could not resolve my issue because it is not in their policy to make a resolution on an issue like this.
"Not as described - Claim - #PP-750-985-761
Disputed Amount:
$124.10 CAD
Status
We're unable to decide this claim in your favor at this time. PayPal's Buyer Complaint Policy applies to the shipment of goods but not to disputes about merchandise quality.

What happens next

We encourage you to work directly with your seller to resolve this matter. "

Additionally I sent Burc more than one set of pics showing all dead corals.
His refusal to even communicate regarding the complaint lead to the escalation.

The seller didn't ask me to pay another shipping charge to send the replacement. He didn't make a request for it by email or paypal.
His own policy doesn't state buyers must pay another shipping charge to receive DOA Replacements.

In addition, his own policy states he would request pictures, he just needs to be notified within 12hrs of any DOA issues. I did this.
I informed Burc immediately of the issue with the corals. I took the images necessary but was having computer issues as I stated. I was also waiting for him to request the pictures.

This is his DOA policy.
http://www.fragalot.ca/faq.html
In the case of DOA's (dead on arrivals), please contact us immediately. We will request a digital photograph of the DOA from you. Credit will only be issued once a photograph has been received less than 12 hours. If the entire order is a DOA we will replace the entire shipment. You must be present to accept and sign for your order on the first attempt of delivery from FedEx. DOA credit does NOT cover shipping cost.

I followed Burc's policy as best I could. Providing him emails right away noting there were issues. I waited for him to request the images, which he never did (the first time, it took the paypal claim for him to respond back to me).

I am requesting a refund of $79.10 for the amount of the corals I purchased which were DOA. This is minus the shipping fee, which lead to the order coming to $124.10.

If you wish to see the full emails posted under quotes in addition to the images I sent Burc, you can go to the following link:
http://******.com (You guys know the emails from here)

It can be determined by the emails, and the lack thereof, where I have had to constantly go after him for a response, that Burc has been changing stories and using different excuses to get out of refunding the price I paid for his products.

- Burc has refused to communicate back to me more than once during my business transaction with him.
- He has continually changed his reasons for not refunding nor resolving this issue with me.
- I informed him of the damage to the corals immediately.
- Under his own policy, he DID NOT request images from me within 12hrs.

Burc did not do anything to resolve this with me.
________________________________________

As I read it, you know as soon as you read this policy that you have to provide the photo within the 12 hours.

Or you could read it as the photograph must be received within 12 hours of it being requested?

Or a photograph taken within 12 hours of shipment arrival...

As a business owner, I cannot get defensive nor fight with a customer. It doesn't matter if the customer is right or wrong, but what does matter is that at the end of the process the customer leaves feeling warm and fuzzy...

Many times I wanted to tell a customer where to go, but have found that biting my tongue and doing whatever I can will always work out for both sides. The odd occasion, I myself can't satisfy the customer, but that is rare.

The old saying, happy customers tell a few, mad ones tell everyone... so you choose what customers you want to help grow your business.

Fragalot, having this negative publicity, is it worth it? For me it wouldn't be... doing more harm than good... I haven't bought from you, but can say I won't now.

Hopefully you both can work things out.

bump.

Any updates on this?

Burc has refused to resolve the issue with me, despite going through the complaint system even with the Better Business Bureau who can only act as a mediator, but cannot make him do anything to resolve it.

He states that he has done everything he can to resolve things with me, while continually changing his story.

I am in the process of getting court papers together now.

Wow , interesting yet disturbing information about fragalot.ca. Sounds like he has stopped caring about his business

Any updates????

Here's a thread about a recent Fragalot group order in the Ottawa area if anyone is interested.

http://ovas.ca/index.php?topic=39635...;topicseen#new