Discontinued Brand Name Yarn

[redacted] broke the agreement and retrieved all of her merchandise [redacted]

Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Please add your rejection comments below We did not violate the agreementIt was physically impossible for us to violate the agreementAfter [redacted] , on behalf of [redacted] , retrieved our inventory from South Florida, they remained in complete physical control of our property (though we retained ownership of the property) and the sale on their website [redacted] , [redacted] , DBNY/ [redacted] (not sure who/what to list - [redacted] signed the agreement, [redacted] negotiated/made misrepresentations to induce the agreement, the agreement mentions [redacted] ***, but according to the Vermont Secretary of State’s website, [redacted] ***’s corporate status is “terminated.”).We do not believe the written agreement is validLikewise, we believe that [redacted] , [redacted] , DBNY/ [redacted] never had the right to sell our inventory on their websiteThe written agreement had terms different than those negotiated by email with [redacted] and we were not presented with the entire agreement for signature or a copy until well after the disputes aroseThe agreement is with [redacted] ***, a corporation that doesn’t existConditions for the sale to begin were never completed by [redacted] , [redacted] , DBNY/ [redacted] ***.On April 18, 2016, in an email where [redacted] and her husband, [redacted] , were cc-ed, [redacted] wrote: “We will NOT sell a SINGLE skein of yarn before we inventory everything and send you our findingsAs long as you're confident in the value of it (and we verify this), you will receive the additional $2,advance right when we get back and look it over.”We were not notified when they returned to VermontA complete inventory was not conductedFindings were not sent to usValue of the property far exceeded $5,The additional $2,advance was never sentWe only learned that they arrived in Vermont and started selling our inventory by visiting their website, www.discontinuedbrandnameyarn.comTheir violations were brought to their attention on or around May 27, The above made no corrective measures and continued to sell our property in violation of the agreementWe continued to email inquiring about the inventory, the advance, terms of the sale, items they took from our storage unit that they were explicitly told not to take (of which they sold!)Inquiries were ignored and they continued to sell our propertyOn or around June we contacted the above to end the saleOn or around June we demanded that they end the sale immediately, remove our items from their website, and contact us to see if we could reach a resolutionThese requests were ignored [redacted] , [redacted] , [redacted] (the bookkeeper/contact), DBNY/ [redacted] continued to sell our inventory on their websiteIn addition to keeping the already listed items on their website, they continued to ADD more inventoryFor the duration of the sale, the bulk of the items were listed for prices far below what is commercially reasonableOnce they had notice of our desire to end the sale, they added hundreds of additional items at prices far below what is commercially reasonableWe request the following: $for “freight-in” charges [redacted] , in negotiating the deal, made it clear that DBNY/ [redacted] would be handling the transportation/shipping of inventory and costs associated (see below)Even if it is determined that we should be responsible for a portion of the freigcharges, it should be less than what they charged usIncluded in the expenses were labor costs for their employees for five hours (they were at our storage unit for no more than three hours), expensive meals (an $82+ dinner, other meals averaging $20-$40, and hundreds of dollars worth of “road snacks”), and other extraneous expenses not related to the shipment or transportation of our goodsLikewise, they also stopped off at another consigner in West Virginia on their drive backWe also had to take two days off of work to accommodate them, and performed several hours of labor ourselves to consolidate all of our inventory to one location (per their request)We believe that they should be responsible for the freigcharges; if they are going to be split 50-50, our expenses should also be includedNo mention of the freigcharges were ever made until we made demand for final paymentSeveral times I requested a breakdown and was finally sent [redacted] ’s spreadsheet for reimbursement from [redacted] /DBNY on July 26, No actual receipts were presented and no discussions were made prior to them flying down here to discuss costs or alternativesEverything they said - or didn’t say - led us to believe that they would be handling these costsNot only did they take money out of our earnings checks to cover the transportation, but they included expenses far beyond the scope of “freight-in” costsAlso, the bulk of the costs they allegedly incurred predated any written agreementOn March 22, 2016, [redacted] wrote:“(keep in mind, we'd be flying down, renting a truck, driving all the way back to Northern Vermont, and paying employees to do all of this).” On April 14, 2016, [redacted] wrote:“We'll do ALL the workwe'll fly down and pay you, and then send you simple emails with sales reports (and what sold) every weeks until everything is gone - you'll receive a check every weeks.”On April 18, 2016, [redacted] wrote: “Thanks for the location - that helps a lot with planning out the financials and timelines.”On April 22, 2016, [redacted] wrote: “I'm working on truck rental, flight, and driving plans now.”$1,for retrieval costsDue to [redacted] ’s actions and inactions (and threats to throw away or assume ownership of our property) we were forced to pay premium amounts to retrieve our remaining inventoryOur efforts to coordinate pickup were ignored and [redacted] kept delegating other people to handle discussions with us (Lia, the bookkeeper, for one, who incidentally was on vacation for weeks during the time we were supposed to make arrangements)Even when we were able to get in touch with the delegated employees, they continuously told us that they could not okay anything without [redacted] ’s approval and had no idea how much inventory was left (for us to estimate shipping costs or truck size)***, who supposedly had authority to make decisions with us, did at one point offer to ship the inventory (at our expense, of course) but then emailed us back a few hours later to say that [redacted] refused to help facilitate the shipmentFinally, we had to pay to ship back certain items that [redacted] /DBNY could not sell, i.evintage animal pelts, that [redacted] knowingly loaded onto the truckIf they were unable to sell them, we would have never sent them up to VermontRevenue lost from all promotional discountsThe list prices on our items were already far below commercially reasonable prices [redacted] , [redacted] , DBNY/ [redacted] also offer extensive “promotional discounts” to consumersThe agreement states that they are responsible for all marketing and promotional costsThe promotional discounts applied to our items equaled $10, This expense should be theirs, not oursWe also explicitly asked them not to put our items in the “bargain basement” or allow promotional discountsAccording to [redacted] , he was told to put the bulk of our inventory in the bargain basement and allow it to be eligible for further promotional discountsThis was a violation of the agreement, devalued our inventory, and greatly reduced our earnings from the saleI have observed and documented dozens of examples of products identical to ours that were listed for twice the price of what ours were sold forTo help facilitate resolution, we offered to accept, where possible, replacement inventory in lieu of monetary compensation; this offer was ignored $from [redacted] feeThe initial advance was made via [redacted] as though it were a purchase for goods or services, in violation of [redacted] ’s service agreementThis resulted in us incurring a fee of $Had they processed the payment correctly, either [redacted] / “Potluck Yarn” (the name on the [redacted] account) would have incurred a fee, or there would have been no fee appliedAny and all money they earned from the sale of our inventoryHad [redacted] and [redacted] been honest and forthcoming, this agreement would have never been entered intoBased on what was agreed to, the sale should have never startedWhen we brought their violations to their attention, the sale should have ceased immediatelyIf they felt they had the right to continue the sale, they should not have added more inventoryWe told them that it was ours and we did not want it sold; they listed and sold it anywayThey also continued the sale past the “days” mentioned in the written agreement Regards, [redacted]

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]....

Please add your rejection comments below. 
We did not violate the agreement. It was physically impossible for us to violate the agreement. After [redacted], on behalf of [redacted], retrieved our inventory from South Florida, they remained in complete physical control of our property (though we retained ownership of the property) and the sale on their website. [redacted], DBNY/[redacted] (not sure who/what to list - [redacted] signed the agreement, [redacted] negotiated/made misrepresentations to induce the agreement, the agreement mentions [redacted], but according to the Vermont Secretary of State’s website, [redacted]’s corporate status is “terminated.”).We do not believe the written agreement is valid. Likewise, we believe that [redacted], DBNY/[redacted] never had the right to sell our inventory on their website. The written agreement had terms different than those negotiated by email with [redacted] and we were not presented with the entire agreement for signature or a copy until well after the disputes arose. The agreement is with [redacted], a corporation that doesn’t exist. Conditions for the sale to begin were never completed by [redacted], DBNY/[redacted].On April 18, 2016, in an email where [redacted] and her husband, [redacted], were cc-ed, [redacted] wrote: “We will NOT sell a SINGLE skein of yarn before we inventory everything and send you our findings. As long as you're confident in the value of it (and we verify this), you will receive the additional $2,500 advance right when we get back and look it over.”We were not notified when they returned to Vermont. A complete inventory was not conducted. Findings were not sent to us. Value of the property far exceeded $5,000.00. The additional $2,500 advance was never sent. We only learned that they arrived in Vermont and started selling our inventory by visiting their website, www.discontinuedbrandnameyarn.com.3. Their violations were brought to their attention on or around May 27, 2016. The above made no corrective measures and continued to sell our property in violation of the agreement.4. We continued to email inquiring about the inventory, the advance, terms of the sale, items they took from our storage unit that they were explicitly told not to take (of which they sold!). Inquiries were ignored and they continued to sell our property.5. On or around June 9 we contacted the above to end the sale. On or around June 10 we demanded that they end the sale immediately, remove our items from their website, and contact us to see if we could reach a resolution. These requests were ignored. [redacted] (the bookkeeper/contact), DBNY/[redacted] continued to sell our inventory on their website. In addition to keeping the already listed items on their website, they continued to ADD more inventory. For the duration of the sale, the bulk of the items were listed for prices far below what is commercially reasonable. Once they had notice of our desire to end the sale, they added hundreds of additional items at prices far below what is commercially reasonable. We request the following: $897.59 for “freight-in” charges. [redacted], in negotiating the deal, made it clear that DBNY/[redacted] would be handling the transportation/shipping of inventory and costs associated (see below). Even if it is determined that we should be responsible for a portion of the freight-in charges, it should be less than what they charged us. Included in the expenses were labor costs for their employees for five hours (they were at our storage unit for no more than three hours), expensive meals (an $82+ dinner, other meals averaging $20-$40, and hundreds of dollars worth of “road snacks”), and other extraneous expenses not related to the shipment or transportation of our goods. Likewise, they also stopped off at another consigner in West Virginia on their drive back. We also had to take two days off of work to accommodate them, and performed several hours of labor ourselves to consolidate all of our inventory to one location (per their request). We believe that they should be responsible for the freight-in charges; if they are going to be split 50-50, our expenses should also be included. No mention of the freight-in charges were ever made until we made demand for final payment. Several times I requested a breakdown and was finally sent [redacted]’s spreadsheet for reimbursement from [redacted]/DBNY on July 26, 2016. No actual receipts were presented and no discussions were made prior to them flying down here to discuss costs or alternatives. Everything they said - or didn’t say - led us to believe that they would be handling these costs. Not only did they take money out of our earnings checks to cover the transportation, but they included expenses far beyond the scope of “freight-in” costs. Also, the bulk of the costs they allegedly incurred predated any written agreement. On March 22, 2016, [redacted] wrote:“(keep in mind, we'd be flying down, renting a truck, driving all the way back to Northern Vermont, and paying employees to do all of this).” On April 14, 2016, [redacted] wrote:“We'll do ALL the work... we'll fly down and pay you, and then send you simple emails with sales reports (and what sold) every 2 weeks until everything is gone - you'll receive a check every 2 weeks.”On April 18, 2016, [redacted] wrote: “Thanks for the location - that helps a lot with planning out the financials and timelines.”On April 22, 2016, [redacted] wrote: “I'm working on truck rental, flight, and driving plans now.”2. $1,000 for retrieval costs. Due to [redacted]’s actions and inactions (and threats to throw away or assume ownership of our property) we were forced to pay premium amounts to retrieve our remaining inventory. Our efforts to coordinate pickup were ignored and [redacted] kept delegating other people to handle discussions with us (Lia, the bookkeeper, for one, who incidentally was on vacation for weeks during the time we were supposed to make arrangements). Even when we were able to get in touch with the delegated employees, they continuously told us that they could not okay anything without [redacted]’s approval and had no idea how much inventory was left (for us to estimate shipping costs or truck size). [redacted], who supposedly had authority to make decisions with us, did at one point offer to ship the inventory (at our expense, of course) but then emailed us back a few hours later to say that [redacted] refused to help facilitate the shipment. Finally, we had to pay to ship back certain items that [redacted]/DBNY could not sell, i.e. vintage animal pelts, that [redacted] knowingly loaded onto the truck. If they were unable to sell them, we would have never sent them up to Vermont. 3. Revenue lost from all promotional discounts. The list prices on our items were already far below commercially reasonable prices. [redacted], DBNY/[redacted] also offer extensive “promotional discounts” to consumers. The agreement states that they are responsible for all marketing and promotional costs. The promotional discounts applied to our items equaled $10, 528.69. This expense should be theirs, not ours. We also explicitly asked them not to put our items in the “bargain basement” or allow promotional discounts. According to [redacted], he was told to put the bulk of our inventory in the bargain basement and allow it to be eligible for further promotional discounts. This was a violation of the agreement, devalued our inventory, and greatly reduced our earnings from the sale. I have observed and documented dozens of examples of products identical to ours that were listed for twice the price of what ours were sold for. To help facilitate resolution, we offered to accept, where possible, replacement inventory in lieu of monetary compensation; this offer was ignored.  4. $72.80 from [redacted] fee. The initial advance was made via [redacted] as though it were a purchase for goods or services, in violation of [redacted]’s service agreement. This resulted in us incurring a fee of $72.80. Had they processed the payment correctly, either [redacted] / “Potluck Yarn” (the name on the [redacted] account) would have incurred a fee, or there would have been no fee applied. 5. Any and all money they earned from the sale of our inventory. Had [redacted] and [redacted] been honest and forthcoming, this agreement would have never been entered into. Based on what was agreed to, the sale should have never started. When we brought their violations to their attention, the sale should have ceased immediately. If they felt they had the right to continue the sale, they should not have added more inventory. We told them that it was ours and we did not want it sold; they listed and sold it anyway. They also continued the sale past the “7 days” mentioned in the written agreement.
Regards,
[redacted]

[redacted] broke the agreement and retrieved all of her merchandise. [redacted]