Move Loot, Inc.

Initial Business Response /* (1000, 5, 2015/10/14) */
Move Loot understands that you are disappointed that your couch was not accepted for consignmentPlease understand that Move Loot adheres to its quality control standards to ensure that its reputation for quality furniture is maintained and
that it does not disappoint consignors nor ultimate buyers of consigned itemsWhen an item is proposed for consignment by a website user, Move Loot's personnel review the description and pictures from the user to provisionally decide whether the item is salableObviously there are costs associated with sending a pickup crew to the user's home and Move Loot must make a preliminary decision whether the likely sale price justifies going out to the user's homeWhen Move Loot goes out to the home, if the actual condition of the item is worse than was evident in the description and pictures provided by the user, its options are to either refuse the offer of consignment on the spot or accept the offer of consignment and risk that the item won't sell at all or won't sell at a price that satisfies either the consignor or Move Loot (and that may not even cover Move Loot's costs for transportation, warehousing, etc.)If such a lesser quality item is sold, Move Loot incurs an additional cost of delivering the item to the ultimate customerMove Loot's buyers have the right to refuse delivery of any items that do not meet their expectations when they arrive to the buyer's home for no additional fee, in which case Move Loot has not only disappointed its buyer but also must truck the item back to its warehouse
Those are the business reasons why Move Loot does not accept certain items proposed for consignmentSuch a policy, while disappointing to you in its application to your specific proposed consignment, is intended to benefit users, buyers, and Move Loot alikeWe hope you are convinced by the above business reasons that Move Loot acted appropriately without moreHowever, because you threatened legal action, we feel we must at least respond preliminarily regarding the terms of the parties' agreement
As an initial matter, we note that your use of the Move Loot website was governed by our Terms of Use Agreement (https://www.moveloot.com/terms) ("Terms of Use") and that your offer to consign was further governed by our Consignment Agreement (https://www.moveloot.com/consignment_agreement)We note that you are foreclosed from pursuing a case in small claims court by Section 17.Bof the Terms of Use, which contains a mandatory individual arbitration that requires the use of arbitration to resolve disputes
We further note that Section 4(e) of the Consignment Agreement provides in part:
"Upon or before Consignor's delivery to Consignee of any items of Consigned Merchandise, Consignor will provide a reasonably detailed, complete, and accurate written inventory list of and information relating to all such items that will be subject to Consignment hereunder, including without limitation the number of each type of such item, photos and other images thereof requested by Consignee, the name/description of each such item, the brand (if known), and the suggested sales price for each item (collectively, "Merchandise Information")Such list shall be signed by both Parties upon Consignee's acceptance, if any, of such items for Consignment hereunder, at which time such list shall be deemed incorporated by reference into these Consignment Terms solely for purposes of that specific Consignment (emphasis added)."
Thus, under the Consignment Agreement, your uploading the couch to the website was an offer to consign and until Move Loot accepted your offer by receipting for your couch (i.e., signing the inventory list), such the list was not incorporated by reference and the couch was not Consigned MerchandiseGiven that you rather than Move Loot offered to consign your couch, Move Loot cannot have any liability under a promissory estoppel theoryAnd, of course, given that there is in fact a contract between the parties, promissory estoppel does not apply and any recovery is based on the contract itselfWe note that Section of the Terms of Use contains a prominent disclaimer of warranties and Section contains a prominent exclusion of consequential damages, including related to your inability to use our consignment service
Even if promissory estoppel did apply, the measure of damages under promissory estoppel would be based on the benefit that you conferred upon Move Loot, which we would argue is nothingIndeed, Move Loot incurred a cost going out to your home to pick up your couchIn any arbitration proceeding, to the extent that your description was inaccurate, Move Loot reserves the right to pursue recovery for its pickup costs under your indemnification obligation in Section 4(e) of the Consignment Agreement, which provides: "Consignor shall indemnify Consignee from and against any and all claims, liability, costs, or expenses incurred by Consignee, arising from or relating to any inaccurate or incomplete Merchandise Information."
In short, your claim is without foundation in the law or the parties' agreementWe understand that you were counting on Move Loot to get you a good price for your couch and are disappointedBut perhaps you would have been even more disappointed had Move Loot accepted your consignmentUnder the governing agreements, you would have been required to leave the couch with Move Loot for a minimum period of days (Consignment Agreement, Section 4(d))By refusing to accept your offer to consign the couch, you were able to immediately pursue other sale channelsIf Move Loot had accepted your offer to consign the couch but determined the sofa lacked the requisite quality, Move Loot (i) could adjust the sales price for your couch in an effort to increase the likelihood that it would sell (Consignment Agreement, Section 4(b)), (ii) could return the couch to you at any time (Consignment Agreement, Section 6(a)), and (iii) could, if the couch didn't sell within days, abandon efforts to sell it and require you to pick it up personally, arrange for its pickup at your expense, or authorize Move Loot to dispose of it in Move Loot's sole discretion (Consignment Agreement, Section 6(d))
Again, Move Loot wants all of its customers to be satisfied and believes the manner in which it acted was appropriate under the circumstances and consistent with the parties' agreementWhile Move Loot understands your disappointment, we hope the foregoing helps you understand Move Loot's position in this matter

Initial Business Response /* (1000, 5, 2015/09/11) */
On Move Loot's behalf, we have purchased the beds that have been damaged in our possession, as well as the dresser that was not posted within our 15-day posting periodBefore buying the items- for the beds that were marked down in
pricing- I've adjusted the price points back to the original listing price to properly pay her the original consignment share of 50%
The dresser was listed for $295, and she received a payout for $
The twin bed was listed for $400, and she received a payout for $
The queen bed was listed for $500, and she received a payout for $
In total, she now has $$The nightstand was not damaged in our possession, so its current listing will stay as-is
Initial Consumer Rebuttal /* (2000, 7, 2015/09/16) */
(The consumer indicated he/she ACCEPTED the response from the business.)
The company handled my complaint quickly and in an appropriate manner

Initial Business Response /* (1000, 7, 2015/08/18) */
Contact Name and Title: *** ***
Contact Phone: XXXXXXXXXX
Contact Email: ***@moveloot.com
We have received the customer's complaint, and resolved the matter by paying the consignment rate the customer agreed for in the event of the item
selling
This is in accordance with our terms of service that is noted on Move Loot's website
Initial Consumer Rebuttal /* (2000, 9, 2015/08/20) */
(The consumer indicated he/she ACCEPTED the response from the business.)

Initial Business Response /* (1000, 8, 2015/07/28) */
User's items did take an exceptionally long time to post due to an unexpected increase in submissions, but nowhere in our Terms of Service do we guarantee a number of days in which the items will be posted after pickup due to these many
variables in demandThe Customer Service Manager cited in the email was attempting to provide an informational guideline for the customer
I can see that the customer accepted Venmo payment for both posted items on 7/8, so the matter is resolved with positive outcomes for both partiesPlease contact me for any additional information
Initial Consumer Rebuttal /* (2000, 10, 2015/08/03) */
(The consumer indicated he/she ACCEPTED the response from the business.)
We have accepted the payment to resolve this issueHowever there needs to be a system to where it should be guaranteed posting of furnitures to your site within certain amount of daysIt is unfortunate that you have unexpected increase in submissions but perhaps you should hold off on accepting more until you have posted any of the furnitures you have acquired from othersFirs in first out system can work

Initial Business Response /* (1000, 5, 2015/09/02) */
[redacted] never had a Move Loot account, and her bed set was consigned with Move Loot under her acquaintance - [redacted] account.
The ownership of the bed set was switched to [redacted]'s friend- [redacted] Move Loot account. We have found the item...

that needs to be returned to [redacted]'s friend, [redacted], and it is scheduled to be delivered on Saturday, 9/5 in the morning.
Initial Consumer Rebuttal /* (2000, 7, 2015/09/07) */
(The consumer indicated he/she ACCEPTED the response from the business.)

Initial Business Response /* (1000, 5, 2015/10/27) */
Contact Name and Title: [redacted]
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@moveloot.com
-Mutually agreed settlement reached on 10/27 with Move Loot issuing a check for $2,500.
-Customer has agreed to withdraw Revdex.com...

complaint
Initial Consumer Rebuttal /* (2000, 7, 2015/11/02) */
(The consumer indicated he/she ACCEPTED the response from the business.)
We have reached the settlement and please withdraw this complaint.
Thank you!

Initial Business Response /* (1000, 5, 2016/03/25) */
[redacted] placed order #XXXXX on March 6, 2016. She requested a delivery time of 3/17 between 1pm and 6pm. Her order total was $585.08.
The morning of her delivery, before the delivery took place, one of our Customer Support associates...

informed [redacted] via email that we were unable to deliver the Country Lattice Patio Chairs from this order and fully refunded her for these pieces (a total of $63.08) at that time. Unfortunately, at this time, we were unaware that several other items were missing from her order.
[redacted] spoke on the phone with us on 3/18 and received follow up from our customer service manager in an email on the 18th as well. The warehouse location where the items were stored at that time was in the process of shutting down, and we had several warehouse sales during which the tags for many items were removed and items were sold accidentally to other customers.
After hearing back from the warehouse, customer support agents were informed that the warehouse employees were unable to locate the remaining items to deliver to her. We notified [redacted] on Monday via both email and voicemail that the remaining items were not found and that we refunded her at that point fully for the items we did not deliver to her. The following pieces were refunded to [redacted] from order XXXXX:
White Steel Filing Cabinet from Century
Dashiel Tanker Desk
Tufted Leather Queen Bed
Country Lattice Patio Chairs (2)
[redacted] was refunded a total of $334.96 for the items she did not receive. Her remaining balance of $250.12 was not refunded for the items she did receive:
Everett Dining Chairs: 2 at $52.20 each
Blueberry Nightstand Pair: $145.73
While we regret [redacted]'s order was not able to be completely fulfilled - this is certainly the exception, not the rule - these issues do occur in the delivery business at times. We understand the customer's frustration and have done everything in our power to resolve - however paying for lost wages due to a customer initially choosing a delivery window that required her to miss work is not something we can accept liability or responsibility for. Further more
Initial Consumer Rebuttal /* (3000, 7, 2016/03/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Move Loot has not responded to my request satisfactorily.
I asked for one of two things to happen: I wanted my paid for items to be delivered at a specific time on a specific date, or a full refund via check hand delivered by an employee with a full apology for the inconvenience, lost sleep, lost wages and poor customer service I was subjected to. I received neither.

Over 50% of my order was "lost". I did NOT receive an explanation from Move Loot. I was NOT informed before my delivery date that the company was unable to fulfill their contractual obligations before the scheduled date of delivery. Had I been so informed I would have cancelled the entire transaction.
Move Loot has a growing reputation for dishonesty, poor business practices, communication obstruction, and misrepresentation of goods and services.
The employees of Move Loot have lied to me, insulted me, wasted my time, left me scrambling for options and misrepresented themselves both on the phone and via email. The experience I had with Move Loot in March 2016 is NOT the "exception". It is how they are engaging in dishonest business practices as a business model.

I want a full apology from Move Loot, in writing, accepting responsibility for their failure to meet the terms of the contract we engaged in. I want to be compensated for lost wages as I sat, shivering and miserable in an empty apartment waiting for them after five 12 hour night shifts in a row, only to have two uninformed and powerless delivery men show up with a fraction of my order at the very tail end of a ridiculously broad delivery window.
Move Loot is dishonorable and should cease operations immediately. The repeated service failures they have engaged in and then refused to acknowledge are egregious.
Final Business Response /* (4000, 9, 2016/04/01) */

[redacted] S. (Move Loot)
Apr 1, 6:26 AM
Hi [redacted],
This customer was fully refunded, $271.88, for the canceled items on Mar. 21st. I've attached a screenshot.
Best,
[redacted] S.
Customer Support Associate
Move Loot, Inc.
Final Consumer Response /* (4200, 11, 2016/04/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I ordered and paid in full for several items in good faith from Move Loot. They failed to deliver 75% of my order, they wasted my time, they caused me considerable emotional trauma and left me scrambling to find replacements for the items they "lost". At no time did they try to find replacements for the items I purchased. Move Loot employees lied to me, repeatedly. I believe that Move Loot is deliberately defrauding me and the public at large. I want Move Loot to deliver my items with a written apology or I want a full refund plus $850.00 in lost wages that I sacrificed while Move Loot failed to deliver on their promises. I spent an entire day in a cold empty apartment, having been awake for more than 36 hours when they delivered me a fraction of my order. Move Loot is engaging in fraudulent business practices, cheating the public and someone needs to stop them before anyone else is abused by Move Loot the way I have been.