Hacking Bad experience with 3ds-flashcard.com

[Jonathan20022]

I've had an account on here for awhile, I tried doing all the recovery options since I hadn't used it in awhile besides just lurking but I can't find it.

Anyways, I ordered a Sky3DS through these guys with no SD card and the entire experience has been honestly shit. They took forever to ship touting hardware failures and the overlying issue is I haven't received it. None of my neighbors saw a box on their porch/staircases and the post office said it was delivered, for all I know it might have been stolen but I've had UPS leave larger packages and smaller ones on my porch with no issue.

So I contact them after like 4 days of not seeing anything shipped before all this, and they say they'll do it and it's marked shipped on the 5th day but I get no tracking number until the 6th or 7th day. So in the end the whole process would have taken 10 days to get the card.

I contact them and they advise me to ask my neighbors/go to the local post office and ask for a tracer, they tell me it's delivered so they can't run a tracer since it's not in their mail system anymore.

Contact them and tell them all of this, and don't get a reply for 4 days (11-04-15 til 11-09-15) They tell me that it's "better" if we both get reimbursed from USPS for this and that we have to file for this. As far as I know, this takes weeks and I'm not willing to wait weeks to get my 90ish dollars back from these guys. So I ask them to refund it and they can file a claim for themselves, of course I get no answer.

Send them one last email and tell them that I'm going to be filing a dispute with my bank because none of this adds up and I'm not having my money in limbo. Of course, no reply until today. My bank's already issued me my temp credit while they investigate and ask them for info for a rebuttal to my dispute. They haven't even contacted my bank, they just decided to send me this directly.

So I'm getting this sorted, but I figured it would be a good warning to anyone considering buying from them. Don't do it, they disappear when there's an issue and it's becoming a huge headache over a flashcart. I honestly should have bought from an a list seller, they even tacked on extra fees without disclosing it in the invoice or anywhere on the site before or during the purchase.

 

[Deleted User]

Money talks. It sucks that they didn't reply to you or have done much until you contacted your bank.
If you haven't replied to them already get some screenshots and proof that you have been contacting them prior to you contacting the bank but have received no response.

If not. Try calling them. Hell you could probably find him/her on Facebook or something since it looks like they have a personal email. So you can always get a personal number or something for your bank

 

[Jonathan20022]

I didn't think of that, thank you. I'll give that a shot, and yeah I screencapped their site which shows any emails back and forth + time stamps. Should help me more than anything.

 

[Deleted User]

I didn't think of that, thank you. I'll give that a shot, and yeah I screencapped their site which shows any emails back and forth + time stamps. Should help me more than anything.

I recommend uploading them somewhere for safekeeping in case they delete them from the site or they ban your account. Ive had sites like Mod chip central do that in the past.

 

[subcon959]

If the post office say it was delivered then doesn't that mean it no longer has anything to do with the seller?

 

[Hopeful Death]

Yeah this sounds like a screw up on the post office's end. It's not like the seller can somehow hijack the package and break into their computer system and mark it as delivered.

Well I guess they could but I don't think that's realistic.

 

[Deleted-19228]

If the post office say it was delivered then doesn't that mean it no longer has anything to do with the seller?

No. If the post office says it was delivered and it wasn't (happens all the time) you can file a dispute with the seller saying it was never received. If they didn't insure it or anything that's on them

 

[Hopeful Death]

I doubt the USPS would even pay out insurance in a case where they claim they delivered the package so that wouldn't help. If it was lost or damaged they would definitely be responsible without a shadow of a doubt but in cases like this I don't know exactly how much responsibility the seller has.

At any rate they'd want to make a claim with USPS about it but I guess the buyer isn't being patient enough for that. Granted they should have at least offered a refund in the mean time if they cared about their reputation at all. Regardless of what the technical legal circumstances of the situation is, it just seems right that they get you the money back and then pursue action against the USPS themselves.

 

[gallymimu]

What do your terms of purchase say? There are standard conventions in UCC (uniform commercial code) that specify where and when buy vs seller responsibility start and end with regard to shipping methods. these would be trumped by any terms you agreed to during purchase. Generally if a buyer elects to forgo insurance, signature confirmation, or more expensive but protected shipping methods they are assuming the shipping risk, but again it depends on the language of the agreement.

For them to be talking about lawyers suggests that they are pretty unsophisticated. Your bank will side with THEM if they show and have documented that they met their contractual sales obligations.

A $300-$500/hr lawyer isn't going to be spending time calling you unless they are on retainer and having nothing else to do.

It doesn't look like they are a US company (even though they have a US warehouse) (i.e. broken english in email and look of website). It would be foolish for a US company to sell flash carts since they are illegal to sell in USA.

--------------------- MERGED ---------------------------

Note their terms of use:

RISK OF LOSS
All items purchased from 3ds-flashcard.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

It's on you if they have proof that they shipped it.

This one also gave me a kick:

APPLICABLE LAW
By visiting 3ds-flashcard.com, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 3ds-flashcard.com or its associates.

Ha, that's the game we play when we deal in illegal goods I guess.

Don't get me wrong, I agree it's super shitty.

 

[Jonathan20022]

Saved the screenshots of the conversations and the lack of correspondence on my computer. Yeah honestly if they were constantly in touch, and reassured me about this I'd feel way better but the entire thing seems like they'll just dip and I won't be able to file a claim later on by the time I realize this.

And yeah I really doubt a lawyer would waste their time on something so small, but if he does I can always refer him to mine for my business. My bank actually thought it was extremely unprofessional of them to not contact the bank about the claim and go directly at me but they noted it in the case.

As far as who's responsibility it is I'm not sure, it's the first time I've dealt with anyting like this getting lost in the mail or potentially stolen off my porch.

 

[askara]

The seller must have sent you the card its not like they could bribe UPS and fake sending something to you. so it is almost certain UPS screw up or a thief, BTW dont you have to sign? and should it not be small enough to put in mail box? for a legit company they should have open a dispute with UPS and covered by insurance. but for these kind of site, they must cheap out and mark it as $1 in value or something to cut cost. what ever the case, unless they can prove UFS has successfully shipped to you, i dont think you will be responsible for anything. that email is just empty threat, shady website like that probably get more trouble than you if they get law involve

 

[Jonathan20022]

Yeah totally, and there was no signature required when I asked at the post office, they just drop off and leave it at that. Definitely an empty threat

 

[Quantumcat]

Not sure if you have the same service in the US, but here, you can register for a parcel locker and if you arrange to have stuff sent to a special address you will receive a text message when something arrives for you with a PIN, and you go to the post office (the parcel lockers will be outside), type the PIN in the computer next to them, and one of the little doors pops open and you can collect your package or letter. This is great for 3 reasons: before these lockers came, if you didn't want your package to be stolen off your porch you could get the seller to write "no dead drops" and the package would be left at the post office. But you would have to get there while it is open and show ID, so you couldn't send someone else. Now you can collect at any hour (reason 1), send anybody to collect it by telling them the PIN (reason 2), and not have your package stolen off your porch (reason 3). And something else, it is good for sellers as there is an electronic record that the buyer definitely picked it up, rather than dodgy contractors marking it as delivered when it wasn't. You should see if there is any similar service in the US and if there isn't, lobby somebody to make it happen. I have not had to worry about stolen packages for about a year now since I discovered the service.

 

[Jonathan20022]

^ That sounds amazing, would certainly be a perfect way to make sure people actually receive their stuff.

I got a reply from their CS after asking for their customer service phone number, that email was actually sent out en mass to people who said they never got their devices. A scare tactic basically lol.