Never Purcash fish at

[David K. Bradley]

I had ordered from them twice - - several years ago - - with zero problems. I stoppd using them mainly because of the shipping costs. I agree with the posts above:

a) it makes no sense that they can't tell you shipping charges until after you place the order (and then get two charges on your credit card)

b) their shipping costs were not competetive at all

sux that you've had a bad experience, but going after them just sounds like you'll be throwing away more time, effort (and possibly $$$) for little or no return . . .

HI everyone as some know i orderd a couple of weeks back some fastaes at arizona gardens,thats what i thought!Not only i received false advertising two fish where DOA!They creamed me with 100 something $ to ship it,but i havent gotten reimbursted,for the fish DOA or the order that they messed up,but i am getting charged with an extra 62.22$ for nothing!I've been calling no one answers i've sent numerous emails and no replies.I am going to start legal actions this Monday
with my Lawyer and see what happends from there..What would you do ? Ireally dont want to spend ant money on lawyers,but if you where in my shoes wouldn't you do the same?!!!
AAAAAAAAAARRRRRRRRRRRRRRRRRRGGGGGGGGGGGGHHHHHHHHHHH!!!!

I may have some helpful advice for you which may (hopefully) help.

In past dealings, with businesses like these people from Arizona Gardens, they sound quite unsavory and decietful. I have contacted our Arizona State Attorney General (AG = Attorney General), with a formal letter of complaint from a retained attorney. Of these businesses which I have filed formal complaints against, the AG's office investigates and most times, shuts down the business and revokes any new license applied for by the former business owners. They are put on a Black Listing, listed by name, SSN and address, with the AG's office. Basically, they're Blackballed.

What the two of you may want to do if you are going to retain an attorney, is possibly request your attorney to file a class action suit against Arizona Gardens and sue the pants off of them and shut them down for good. Have their names put on the Az AG's Black Listing. In addition, I would require they pay for ALL of your attorney's fees and court costs. I would not waiver on inch from this, if they [Arizona Gardens] wants to talk turkey and make a deal with you. Don't do it. Even if they want to settle out of court, don't do it. Stay the course, and continue until you have reached the end of your principle, behind the deciet. Until you are satisfied with the results.

With what ever you decide to do, see if you can find an attorney who's good and will give you a free consultation before you take any definitive action. Cut throat attorney's do best and are my favorite. I wish you much success with you final decission of how you resolve this issue of principle.

 

[cichlid_fever]

Thankyou its been hell...

 

[Sab_Fan]

just for the record, I wasn't actually complaining about AZ Gardens, I was just relating my own experience . . . to be honest, I got exactly what I ordered and had zero problems, I just don't think they're the best way to go (for the reasons I noted)

 

[ruckaisawesome]

i would get revenge first then worry bout cost for lawsuit later.. "revenge is sweet"

 

[TheFishJunky]

Never even heard of them but that sucks.

 

[Cybercyde]

If their doa/shipping/cost/charging policies are all laid out ahead of time, the only real leg you have to stand on is the wrong fish showing up - dead or not.

The dollar amount puts this in civil court nearly everywhere in the US. You don't need a lawyer. (In the sense of needing one to file the paperwork for a larger monetary suit)

Assuming you're really out for the principle of the thing, you can show up and file a civil suit yourself at a local courthouse. You'd just need to provide evidence that the fish they sent you weren't what you ordered - ie - provide a folder full of published resource photos of what it should look like vs your invoice. (We're not talking google images, but actual print images from credible sources) I'm a long ways late tossing this info out, but if you had pictures of what you recieved (as so many doa policies request), you might be able to make some headway.

It'll be on them to prove otherwise, and if they don't show it'll go in your favor.

Do realize I'm no lawyer - I've just known enough people on the wrong end of internet douchebaggery to get a good general sense of how civil litigation works when someone gets screwed on a sale.

Best of luck. ^_^

 

[Bobbitay]

As several of you have stated - they have the policies listed on their website. My question would be are they allowed to run a "scam institute" if they warn you in fine print?

I know safety waivers and other methods to prevent being sued don't hold up in court at all. There are likely over 100 individual complaints of problems that can be found just with a quick web search. "Businesses" like these are just plain unethical.

I would say try to find a lawyer who will give you free consultation and learn about your options. I would assume that in almost all cases state laws override personal business laws regarding returns and unauthorized credit card charges, but that's just an assumption.

Good luck!

 

[Cybercyde]

As several of you have stated - they have the policies listed on their website. My question would be are they allowed to run a "scam institute" if they warn you in fine print?

Unfortunately, and to some degree - yes. They're not allowed to knowingly defraud a customer. Here comes the fun (and expensive) part - Prove it. -_-

I know safety waivers and other methods to prevent being sued don't hold up in court at all. There are likely over 100 individual complaints of problems that can be found just with a quick web search. "Businesses" like these are just plain unethical.

One of the best ways to seek them out is the complaints. It's a sad situation - Searching for complaints/scams/defaults should be an ABSOLUTE must before dealing with anyone you don't trust (and even those you do) online. It's lightweight insurance so cheap you should be paying for the info.

I would say try to find a lawyer who will give you free consultation and learn about your options. I would assume that in almost all cases state laws override personal business laws regarding returns and unauthorized credit card charges, but that's just an assumption.

Negatory (Unless there's a rare CPA - Consumer Protection Act - clause that covers the situation. Unauthorized credit charges are typically seen through courts as "authorized". It'll be up to you to establish the fact that even though the company is in an industry you're involved in, they nailed you regardless. You'll almost have to prove they knowingly charged you wrongly. (IE - "Well, here's a customer who ordered Java Moss at $6.99 with shipping, go ahead and charge him for a Frontosa at @ $54.99 as well.") You still have to prove you never got the Frontosa. -_-

It's why small claims is the winner. It literally takes less than a few hours of your time to file in most cases. The burden of proof isn't on you - It's on the defendant. It also deals in dollar amounts small enough that you're not required to retain a lawyer. The courts are also so saturated that if you show up sporting a solid case - great information, solid reasoning, data, pictures, etc... you have a genuine shot at success.

I agree with Bob. Best of luck boss. ^_^