Fragalot Unresolved Issue still ongoing

[kien]

Originally Posted by mark

I'd just give up on this (less stress)

+1 hehe. I am busy enough with normal day to day activities, chores and hobbies. Wish I had time to hunt him down for the frags he owes me but unfortunately I do not. I'm just happy to see that public awareness has exploded over the past few weeks, and see that he's been pulled from sponsorship. That speaks volumes and is a win for everyone I think.

[oilfieldsafety]

I also had little luck in dealing with Burc, bunch of Doa's the first time and half of the ones that made it were not what I ordered. Burc did follow up with a replacement order all of which survived but none of which were frags that I ordered. Most of the people that have been involved on any of the threads have made similar comments " what can you expect for $10 " . I think that this is a valid statement that we all need to learn from. These were not frags from a fellow Canreefer but frags from a buisness. I think that we all carry some guilt because deep down we all had an idea going in that $10 ea. was to good to be true.

Just my 2 cents.

Shane

[kien]

Originally Posted by oilfieldsafety

Most of the people that have been involved on any of the threads have made similar comments " what can you expect for $10 " . I think that this is a valid statement that we all need to learn from.

Personally, I would expect to receive the item that I paid for, no matter what its cost. That's like walking into a dollar store, pointing to the shelf and asking for a $1 vase for your flowers. The clerk says okay, I'll bring it to the till. At the till he hands you a bag, you hand him a dollar. You get home and find a cup in your bag instead of a vase. What do you do? Throw your flowers into the cup, shrug it off and just tell yourself, "it was only a $1, what should I expect..". If it were me I would have expected the vase that I paid for.. but maybe that's just crazy talk!

[Nebthet]

Ok so I wanted to give you guys and update as to what is happening. I have now contacted the Better Business Bureau regarding Burc and this has been his response.

Ms./Mrs. Fiona Dunbar,
I am writing this email about complaint made by Sarah Baker about fragalot.ca. Case # 1197621

We have a DOA policy in our website here is the link for it http://www.fragalot.ca/faq.html

As you can see there it says clearly how DOA credit works. It is not only our online store policy like this. This policy is same as any other online live stock dealers policy. Before i start to explain my side of the story i would kindly ask you and Sarah Baker to provide the email she claims i sent her nasty email. Which i have never ever sent any nasty email to her or any other customer. If you like to see all emails sent trough me i can provide them.

First order sent to Sarah Baker and she claimed they were all DOA and i asked her to provide pictures of the DOA. Pictures has been sent after 3 days of shipment arrival. And later on she claimed 2 corals werent doa. But i have tried my best to make her happy i sent another shipment without anycharge to her. Which i shouldnt suppose to do that because pictures has been received 3 days later of arrival date. Second She declined to pay shipping charge for replacements. Which it is clearly said in DOA policy. And marked RED.

Once She received the replacement shipment she claimed box was damaged and all corals were DOA. We asked her to send pictures. Pictures has been sent after 5 days. Box wasnt damaged. Maybe little water leaked from couple bags but as you can see in the pictures she can provide. Bottom of the box was wet but no damage to the box. After i saw the pictures while the corals in their bag all corals were alive and i dont see any DOA in the pictures. Couple bags were leaked but corals were still in the water.

And then 2 pictures with DOA corals once their in her aquarium. They werent alive but only 4 corals in pictures. Not 6. And pictures has been sent after 5 days. DOA credits only covers if buyer receives the corals dead while they are in the bag. That is why we have 12 hours limit for the proof of the DOA.

Sarah Baker made a claim on Paypal and after paypal investigation paypal pointed her she didnt follow the policy of the website and refused her claim. After this she sent me an email with threat to post bad review about fragalot on public forums to force me to sent another shipment. She tried to post this review few public forums and most of the admins on the boards refused post her review because Admins said she just declines to proceed as policy requires.

And she is still declining to proceed to policy. I do not like to have unhappy customer but i did more than what i could do. I even sent the replacement shipment without charging her any shipment cost. Which i shouldnt have. Now she wants me to ship different type of corals and still ignores the policy.

I would do my best to make customers happy as long as they do follow the DOA policy. The reason for this policy we are dealing with live animals. I cant be sure about the condition of customers aquarium, that is why we require pictures of the DOA once they have been received and while they are in the bag.

Again I did NOT send her any nasty email. I would ask her to show that email.

Kindly,
Burc Ucak

[Nebthet]

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.
________________________________________

[rayjay]

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.

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

[Pescador]

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

[Skimmerking]

Originally Posted by rayjay

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

however if he doesnt read the email until after the 12 hour period then.

[por2stylz]

get off your butts next time and drive to guelph and pick it up yourself especailly if your in toronto its 10 bucks worth of gas to get your stuff why be so slothish and get stuff shiped i worked at parcel shiping place when i was 17 and yes we throw stuff regardless in the truck like football tosses

[Bloodasp]

I think everybody already knows how our parcels are dealt with in shipping companies, what you said doesn't surprise me to say the least, which is why both seller and buyer try to get it from point a to point b at the soonest possible time at the best packaging they are able to provide and handled by the shipping companies at the shortest amount of time possible. But irregardless of that he has his own issues from the reviews i've seen not just in here.