Dimple Records

Review: Using the business website on 4/17/2015, I "pre-ordered" a vinyl record that the site said was going to be released for sale on 4/8/2015. (I have never purchased anything from this business before so I had no knowledge of their practices.) Shortly after my order was placed I received an email confirming my order:[Dear Valued Customer-Your order has been received and will be shipped promptly to the address below. If you have any questions about the status of this order, please reply to this message.Thank you,[redacted]United StatesOrder Information: Shipment from: DimpleWill ship via: USPS Parcel SelectUPC Title FormatA-Ha - Take On Me [LP] 1Shipping Charge: 2.75Total Price of Shipment: 19.06Tracking Number: Not AvailablePlease check here for your order status: http://www.dimple.com/rel/v2_orderstatus.php?s=391&o=4574110&c=8253216]I also have screenshots showing the confirmation of this order. No where on the website did it state that the item would be subject to availability and that the order would be cancelled, however, on 4/19/2015 I received a cancellation email:[Order[[redacted]]This is an update regarding your purchase of: A-HA/TAKE ON MEDear Valued Customer-Thank you for placing an order with Dimple Records. Unfortunately this item is no longer available and cannot be shipped.You will not be charged for this order. If you have any questions or concerns about your order, feel free to email us at [redacted].Thank you,Dimple Customer Service]On 4/18/2015, I checked the status of the order and it was supposedly forwarded to the fulfillment department. I assumed it was being prepped for shipment.I went to several physical locations searching for this product and no product was available for purchase. Employees would not confirm or deny that product was or had ever been available for purchase. The listing was an elaborate hoaxDesired Settlement: This product may or may not have ever been available online or at the physical locations owned by Dimple Records. As of yesterday this product is now being re-sold on the secondary market "ebay, amazon, etc.". I would like Dimple Records to go to this secondary market, purchase the product and sell it to me for the price I originally agreed to pay-taking any losses onto itself AND I would like an apology posted on dimple.com directed towards the customers who may have also been effected.

Business

Response:

Dear Ms. [redacted]-We apologize that we were unable to ship your order, but unfortunately we will notbe able to acquire this title for you.The item you ordered [redacted] was a limited edition Record Store Dayrelease. Only 6,500 copies of this item were manufactured for the entire world.You can read more about this item and its availability on [redacted]'s website,linked below:[redacted]It is the nature of limited releases like this one that demand is often far greaterthan supply, and many people like you across the world who wanted this itemwere not able to get it. We don't get to decide how many copies of these itemsare manufactured, and have very little control over how many copies we as aretailer receive.On this title, we received a total of seven units across our seven stores from ourdistributors. Those were units sold-out in less than an hour on release date.We had far more than seven customers who wanted this item, but like you, mostof those customers were not able to buy it because we didn't have enough copiesfor everyone. We would have liked to have had one copy for every customer whowanted one, but with limited edition releases like this one, that simply isn'tpossible.Again we apologize that we were unable to complete your order, but unfortunately thereis nothing we can do for you or our hundreds of other customers who were notable to buy the limited edition Record Store Day releases they wanted. Thatexperience is unfortunately just the nature of the beast when it comes tolimited edition releases like this one.Feel free to email us at [redacted] if you have any further questions.Thank you,Dimple RecordsCustomer Service

Consumer

Response:

I am rejecting this response because:The business website did not state the limited availability of the item nor did it state that orders received may not be fulfilled. Furthermore, Dimple Records attempted to withdraw funds from bank account 1 day after informing me that the order had been cancelled. Stating the fact that the item was essentially never available for purchase on their website AFTER I filed this complaint is not acceptable. My opinion is that this item should never have been offered online, pre-orders should never have been accepted by this business due to the fact that Dimple Records was well aware before the title's release that the likelihood of their being able to fulfill orders was slim to none. I feel that I have been the victim of fraud and that this was nothing more than a planned out deception to boost internet traffic to their website and to boost traffic to Dimple Records physical locations. I traveled to all outlets on 4/19/2015 searching for the title that was discussed and staffs refused to answer my questions regarding whether they had received copies of this title. Admitting after the fact that they had only a scant few copies in no way makes up for the fact that I have been manipulated and frauded. I spent a tanks worth of gas driving from one location to another. Out of consideration to it's customer's the staff at Dimple Records locations should have informed me that the item was no longer available at ANY location.

Review: I am complaining against Dimple Records company in California for business neglect that cause unreasonable business cost; as you will see enclosed two letters in exhibits 1 and 2, will explain my complaint they never response to me; from dates 4/22/15 and 7/30/15.

Their advertise slogan claimed they are insanity of finding music requested old rare ones.

This is rare to find but it does exist as exhibits 3 will show...etc. The unnecessary forward my bro., three of easy finding [redacted] soundtrack for Ron 'Oneal Superfly and NOT WHAT I ORIGINAL had my bro., to request to buy..etc.

For exhibit -3 show the version I requested called Superfly TNT music by [redacted] of the soundtrack...etc.

My bro, live in California Citrus Heights, CA where this Dimple Records store located.

Three times he ordered [redacted] soundtrack music for Superfly TNT not returning it for better business hope wise he forward them to me. [redacted] directed this movie which did real poor in our United States HBO i.e. Home Box Office, and many did not buy the [redacted] recording like original/superfly [redacted].

This have made a problem for me with my Warden who ok it to come in by one of my family members mailing it to his office as for we are allowed company store to mail CD's and cassette tapes.Desired Settlement: RELIEF SOUGHT that Revdex.com request Dimple for better business wise to get [redacted] by ([redacted]a) and price it to me that I will order it. If not I hope Revdex.com, can take action for better business for behalf of Dimple unfair deceitful business. For this is questionable law suit or small claims court.

Business

Response:

Dear Valued Customer-We would like to get the CD you asked about for you, but unfortunately it has never been released on CD. This album ([redacted]k) was originally released on vinyl record in 1973 on the record label Red Steel Music, but no CD version has ever been released by that record label or any other. The person or company that owns the production rights to this album has never released it on CD, and unfortunately we have no control over those circumstances.We have searched for a CD version with our own vendors, as well as online retailers including Amazon and eBay, but we could not locate a CD version of this release anywhere. In addition, the Wikipedia article for the film Super Fly T.N.T. (quoted below) specifically states that the soundtrack has never been available on CD:"The soundtrack was done by Ghanaian band [redacted] and charted at #159 on the Billboard charts and #41 on R&B albums.[4][5] It has not been re-issued on CD". This Wikipedia article can be found here: https://en.wikipedia.org/wiki/Super_Fly_T.N.T.We apologize that this item is not available on CD, but unfortunately it is not legally or physically possible for us to obtain this item for you. A CD version may become available at some point in the future if the copyright-holder decides to release it, but unfortunately we do not have any information about when, if ever, that may happen.If you or someone acting on your behalf did purchase other items in one of our stores and would like to return those items, please contact us at the phone number or email address listed below for further assistance and we will see what we can do for you. We offer a standard 14-day return policy for most products we sell, but we may be able to extend that return policy further in this case, depending on the circumstances.Thank you,Dimple Records[redacted]

Consumer

Response:

Sir, I thank you for assign number to my complaint in your respond. Sir, I must rebut Dimple Records and Revdex.com have material factual evidence why:First: The exhibit 3, copy of [redacted]l show that this records company done manufacture to remaster the [redacted]T music by [redacted] in 1998 as the exhibit 3 shows. It was remaster on CD (RMC CD 0196) by [redacted]l in 1998, which possible now out of business.Second: Two other overseas companies haveLP flashback[redacted]

[redacted]Third: Yes, amazon, mistake and had outfit called Bill Beckett, 10 Pearl Street Basement NW Haven, CT 0651, to mail me the LP (album) which I can not accept in for we can only have cassette tapes or CD only the company stores can send them.Final: my suggestions: By your Dimple Records company expertise you should locate the copyright-holder as it was recorded by Buddah Records.Buddah 231807 CD released 1998 by [redacted]lBuddah BDS 5136 Remaster RMC CD 0196Buddah BDLP 4020 Buddah once was in United StatesOr, I suggest and believe it is legal for you to order this LP (album) on my behalf of payments and since it is my album you can CD or cassette tape it and forward it to me from Dimple Reords store.I also pay for you to mail the album to my brother in Cirtus Heights, CA or another one of my family members. Last suggest, I will buy the album and you put me on notice you sending to our radio station called kicking it behind the bricks.91.7 KLSP[redacted]

[redacted]For our radio station can receive LPs from company stores.Or else my position remain in complaint.

Business

Response:

Dear Valued Customer-Unfortunately we are still not able

to obtain a CD version of this item for you. To be clear, this is not a

question of willingness or desire, but a simple fact that we cannot legally or

physically obtain a CD version of this item in the United States. If we could order

this item for you, we would. Unfortunately, we simply can’t.In your most recent response you

identified several overseas record labels that have released vinyl LP versions

of this title at some point in the past. Unfortunately we do not have access to

any vendors that distribute those vinyl versions, and as you indicated some of

them aren’t even in business any longer. Even if we were able to obtain a vinyl

LP version of this item and then record it to CD or cassette as you suggest,

selling that copied version of a copyright-protected work to you would be a

violation of United States copyright law, something we cannot do.Your message also identified the

copyright holder of this title as ‘[redacted]’, and suggested that we

contact them. Under further researching that label, it appears that the rights

to [redacted] and their catalog was acquired by BMG Rights Management in

1993. BMG is yet another company that is no longer in business, and all former

[redacted] copyrights are now owned by Sony Music Entertainment. This

information was sourced from the Wikipedia article for ‘Buddha Records’, which

can be found at the website link listed below:[redacted]Sony Music Entertainment is one of

our vendors, however they have not as of yet released a CD version of this

item. Since the legal copyright holder has made no CD version available in the

United States, we have no legal access to one. If Sony does ever manufacture

and release a CD of this title in the US, we would be able to order this item

you at that time. Unfortunately as of right now however, no such option is available.You also identified a CD version of

this release that was manufactured by ‘Red Steel’ in the United Kingdom in

1998. Unfortunately that release is not currently (and may never have been) available

in the United States. Due to the nature of copyright and trade laws, an artistic

work such as a musical compact disc recording that can be released and sold legally

in one country may not necessarily be sold legally in another. In other words,

just because this CD may have been legally available in another country at some

point in the past does not mean that it can be legally acquired in the United

States today. All research we have done of this title on your behalf leads us

to conclude that this is unfortunately the case for the item you have

requested. Finally, although we always do what

we can within reason to help our customers find the items they are seeking, we

make no guarantee that we are able to meet every needs of every customer. In

this particular case we have done far more research than we normally would in

an effort to find this item for you, and unfortunately we have concluded that

at the present time your request is simply not one we can perform. Perhaps a CD version will be available at some point in the future, but for now we just cannot assist you with your request.Thank you,Dimple Records

Consumer

Response:

This rebut remand again for the remainder of 10/15/2015 petition. Why? (1) Only one not in business possible is Red Steel. (2) [redacted]n is an U.S. Company that avail world wide as I stated they sent me LP (album) even I had order i.e. my sister order the CD. (3) the outfit called [redacted]11, sent the LP (album) on behalf of [redacted]n. Now my family in Citrus Height, CA, step in to help my sister by Dimple Records. (4) Dimple did not show [redacted] good saleman-ship selling Curtis Mayfield Superfly 3 times, instead of letting him know they do not or can not get Osibisa Superfly TNT. Only the third time they sent with Superfly Curtis Mayfield – on celebration Osibisa, muh! (5) GET THIS RIGHT I REQUESTED TO BUY THE LP MYSELF; YOU OR ONE MEMBER OF YOUR STORE WILL BE RECORDING MY LP NOT THE STORE! (6) IT IS GOOD TO CITE THESE LAWS AND COPYRIGHT STATUTES, for instant I do not know if your store can not order from another vendor…etc. Your slogan advertise great efforts to locate old music, rare music…etc. This why [redacted] chose your company. (those overseas company have internet). (7) Most of all your business blowing my chance to get Osibisa Superfly TNT in. for our warden [redacted] was allowing this in through family or friend. For we had just got CD’s players in early ‘200’ and was back log for them under another warden who ok that our family or friend could send us. One cd on that account. However warden [redacted] ok this for me personally. I was not in the main prison when [redacted]n had outfit [redacted] to mail me the LP album, which warden [redacted] could not go get. (open for discussion, for it is in part of court action can be made). (8) Your neglect sale conduct cause my chance to have this music. It is hard for me to overseas order!Now Relief SoughtFirst get in touch with [redacted]n again or if you can get in touch with [redacted]. Secondyou should be willing to donate the album to our radio station send me an notice, KLSP 91.7 kicking it behind the bricks Louisiana State Prison Angola, LA 70712. When you mail it that my request to hear it will be played. (9) If not have for me and an copy to send [redacted] how to order from [redacted]n again for this LP. If not I continue my Revdex.com action.[redacted]