Production Media Company

Complaint: [redacted]I am rejecting this response because:
 
I'll accept once product is delivered with the advertising proof I paid for.  The vendor's argument regarding "communication" and their own documented proof provided shows the 3 month gap in communication from early Nov through early Feb when the vendor was unresponsive to inquiries.  The vendor has only been responsive after I initiated these Revdex.com, Yelp, and other complaints.
Both school and myself expected this project in January.  Let's see if product is delivered "no later than March 1" as now updated.Sincerely,[redacted]

It has come to the Business' attention that one item from this Complaint has not been addressed, leading the Complaint to be closed as unresolved.  Please consider this response supplementary and based on the reasoning of the previous response and corresponding supporting documentation.  The Business incorporates that response and documentation as if they were fully restated herein.  The Consumer requested a refund of $375.  Based on the reasoning in the previous response and the falsehoods in her claims, the Consumer is not due a refund.  Therefore, the Business respectfully requests that this Complaint be closed as resolved or, at least, that the Business made a good faith effort to resolve it.
 
The Consumer also provided additional comments claiming that the Business must not be reputable, because it does not have a refund procedure.  On the contrary, the Business' policy in this case was proposed to the Consumer at the time of the purchase.  She accepted it in writing when she accepted the contract.  It reads in bold print and capital letters that "THIS CONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED."
 
The Consumer also refers to consumer sales laws that require a right of rescission in some states.  In this case, the transaction was not a business-to-consumer transaction.  Rather, it was a business-to-business transaction, regardless of the Consumer's position at the business.  The Business provided an advertising service to a business.  The business-to-business character is clear.
 
The Consumer also reiterates her claim that she did not agree to complete the purchase.  Of course, the fact that she provided payment, a written authorization, and artwork and instructions for the advertisement's design all clearly show that she intended to complete the purchase and participate in the service.
 
Finally, the Consumer claims to be due a refund, because she is aware of some other purchaser of the Business' service that obtained a refund.  Of course, the specifics of another purchaser's transaction are irrelevant to the transaction in question here.  Without knowing that other purchaser's identity or the characteristics of the transaction, the Business is relegated to assumptions that the specifics of the other purchaser's transaction are distinct from this dispute, such as perhaps lack of agreement to a no cancellation clause or other terms of the contract.
 
For the foregoing reasons, a refund is not due.
 
With Respect,
Tim M[redacted], Esq.
General Counsel
Production Media Company
800-962-2587 ext. [redacted]
(F) 503-214-8228 attn. Tim
www.realestatefolders.net
 
Click here to report this email as spam.

Hello,My apologies.  I asked for the information to have my lawyer speak with them.  As I mentioned, they submitted a poor quality design that was inappropriate for many reasons to market my profession and for the target audience which is youth.  When I asked to speak with a manager because I was concerned, there was no response.  Now, after months of dispute the charge, this company is telling me that I am responsible for fees.  My main concerns now are that after they have proven so unprofessional that I needed to get a lawyer myself.  The reason that I contact Revdex.com is because this is not a way a consumer should ever be treated.  I was ignored (and they are not denying this by the way), then told to continue being treated this way (which is unprofessional at best)  Please see the response from my lawyer:I have been retained by [redacted] in connection with your breach of contract for services related to internet advertising and hereby demand a full refund based upon your breach of services contract.  Despite your statements to the Revdex.com to the contrary, even a cursory review of the agreement between you and Ms. [redacted] reveals your utter failure to perform under the terms of the contract.  Ms. [redacted] contracted with you to provide advertising services which included, inter alia, the obligation to provide professional design by your “design team.”  The product you provided failed to meet minimum standards of competence.  Moreover, you failed to abide by the terms of the contract related to communication with Ms. [redacted] and failed to address the deficiencies when raised by Ms. [redacted].  I would also point out that the arbitration provision and choice of law provisions of the contract are insufficient to be binding under New York Law and, therefore, in the event we cannot reach an agreeable resolution to this dispute.  We retain all rights to initiate action in New York courts under binding New York law.   I also write, however, in the [redacted]s of reaching a reasonable resolution to this matter.  Please contact me immediately so that we can avoid further legal action and arrive at a quick and fair result.   Sincerely,  [redacted]. [redacted] Legal PLLC[redacted]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted]

The complainant has received the promised prorated refund.  The Business incorporates all previous responses and supporting documentation as if they were fully restated herein to show that the Business does not have a duty to refund any payments associated with the portions of the service that the Business has already conclusively proved to have been performed.  Please close this Complaint and mark it as resolved or, at least, that the Business made a good faith effort to resolve it.

The complainant has received her promised refund via a check in the mail.  Please close this complaint and mark it as satisfied or, at least, that the Business made a good faith effort to resolve the matter.

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
After reading their response, I don't even want to bother with this company anymore. I didn't even realize I still owed them anything as they have not made a single attempt to collect it. Their emails also didn't include 2 other emails I'd sent them asking for a status report and they never replied. Unfortunately since they never responded, I had to call and I don't have those conversations of Corey going back and forth with me recorded. 
I will accept their response and accept that they will not be seeking any further monies from me.  Sincerely, [redacted]

[redacted]DOCUMENT ATTACHED[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
VIA WEBSITE SUBMISSION AND EMAIL TO: [redacted]@theRevdex.com.org
January 24, 2017
Re: Complaint ID [redacted] To Whom It May Concern:
The Consumer initiated this Complaint claiming...

that the printing was tardy. The Business fully performed the service, even though the Consumer failed to timely pay his bill. Therefore, the Business offers to resolve this matter by forgiving the Consumer 's delinquent bill and leaving the advertising service in circulation for the agreed-upon time.
The Consumer purchased advertising to be printed in presentation folders and circulated for two years by real estate agents who work for two real estate groups in his area. The purchase occurred in several parts.
Please find enclosed on pages three and four copies of the contract and transaction receipt associated with the first part of the purchase. Please also find enclosed on pages five through eight a printout of an email string, which explicitly shows that the Business sent an attached copy of the contract to the Consumer at the time of the first part of the purchase . The Business ' email requested that the Consumer review the contract prior to replying "CONFIRMED" to complete the purchase. That same email string shows that the Consumer replied "confirmed " from an email address registered to his name and originating from his business ' domain, and he signed his name and contact information.
The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature.  The Consumer's email reply constituted electronic counterpart acceptance.  Therefore, the Consumer clearly accepted the terms of the contract.
Pages nine and ten are copies of the contract and transaction receipt associated with the second part of the purchase, which was an upgrade of the original purchase.  Please also find enclosed on pages eleven through thirteen a printout of an email string, which explicitly shows that the Business sent an attached copy of the upgrade contract to the Consumer at the time of the second part of the purchase, along with notice that the purchase was complete. Like the original purchase, the Consumer replied "Confirmed . . ." from the same email address and signed his name and contact information.
Like the original purchase, the contract stated that electronic counterpart acceptance of the contract is effective in lieu of a signature.  The Consumer 's email reply constituted electronic counterpart acceptance.  Therefore, the Consumer clearly accepted the terms of the upgrade contract.
The original contract and the upgrade contract combined show that the Consumer agreed to make payments totaling $1,500.  The amount the Consumer disputed in this Complaint corroborates that amount.  The transaction receipts show that the Consumer paid $750 combined at the time of the original and upgrade purchases . Those contracts also stated that the remaining $750 balance was to be paid within 120 days of the upgrade.  The upgrade was completed on February 5, 2016 . Therefore, the remaining balance was to be paid on or before June 4, 2016.Page fourteen is a transaction receipt showing the Consumer's first payment toward that balance.  The payment was timely, because it was prior to June 4, 2016.  Page fifteen is a transaction receipt showing that the Consumer's second payment was delinquent, because it occurred June 23, 2016.  The Consumer has failed to pay the remaining balance and still owes $250.  As of the date of this letter, the Consumer's payment is more than seven months past due.It is startling that the Consumer feels justified in filing this Complaint when his account is so severely delinquent.  More so, the Business has graciously refrained from taking any action against the Consumer to recover the delinquent balance, such as referring the matter to a collections agency, damaging the Consumer's business' credit rating, or otherwise taking legal action to recover damages for the Consumer's breach of contract.
This Complaint claims that the printing is tardy.  On the contrary, both contracts read "Failure to pay any amount due . . . may result in delay of printing of advertisement."  In other words, the Consumer's own delinquency is the actual cause of tardiness.
In spite of the aforementioned delinquency, the Business has fully performed the service.
Part of the service the Consumer purchased was access to the Business' professional graphic design team for assistance creating an original, customized advertisement.  Please find enclosed on pages sixteen through twenty printouts of numerous emails between the Consumer and the Business' graphic designer.  They show that the Consumer submitted artwork and instructions  for the design of the advertisement and that the Business used that information to provide several design proofs for approval or changes.  Most importantly, they show that the Consumer replied, "The artwork is approved" from the same email address as above and signed his name and contact information.  In other words, the Consumer approved this portion of the service in writing.
Pages twenty-one and twenty-two are redacted copies of receipts showing that the Business ordered the printing of presentation folders scheduled for delivery to the same real estate groups as promised on the contracts.  Pages twenty-three and twenty-four are copies of UPS delivery confirmations , which show that the folders were successfully shipped to the real estate agents for circulation.  Inother words, these documents are independent, third-party verification that the Business fully performed the service.
The Consumer's contracts read in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CANCELED."  Therefore, the Consumer is not entitled to unilaterally demand cancellation of the contracts or refunds of any associated payments.
In spite of the foregoing, the Business offers to resolve this Complaint by forgiving the delinquent balance and keeping the advertisements in circulation for the agreed-upon time.
Please forward this response to the Consumer, and advise the Business of his response.

To Whom It May Concern:Please find attached the Business' response to Complaint ID [redacted].With Respect,Tim M[redacted], esq.General CounselProduction Media Company[redacted](F) [redacted] attn. Tim M[redacted]@productionmediaco.comwww.productionmediaco.com
 
Revdex.com...

serving Alaska, Oregon and Western Washington PO Box 1000 DuPont, WA 98327 VIA WEBSITE SUBMISSION ONLY
July 17, 2015 Re: Complaint ID [redacted] To Whom It May Concern: The Consumer initiated this Complaint claiming that the Business sold her an advertisement without authority to do so from the third-party venue by which the advertisement is to be circulated. Because the Consumer's claim is incorrect and based on misinformation from third parties, the Business respectfully requests that this Complaint be closed and marked as satisfied. The Consumer purchased an advertisement for her business to be circulated for one year by real estate agents. Please find enclosed on pages three and four copies of the terms and conditions and receipt related- to the purchase. As the Consumer correctly points out in her Complaint, the Business has performed all of the service that is due to date by designing an original, custom advertisement for her business. The initial portion of the service she purchased is access to the Business' in-house graphic design team for assistance creating the advertisement. Please find enclosed on pages five and six a printout of two emails showing that the Business provided a proof of the advertisement for the Consumer's approval or changes. ·They also show that the Consumer replied "I approve" the design of the advertisement from an email address registered to her name and business. In other words, the Consumer approved of this portion of the service in writing. The Consumer's primary complaint is that she read internet postings, which led her to believe the real estate agents did not give authority to the Business to sell the advertising or to print folders. Please find enclosed on page seven a copy of the contract between the Business and the real estate agents. The contract imposes a duty on the Business to print the folders, and it imposes a duty on the real estate agents to circulate them. The contract gives authority to the Business to arrange for the sponsorships by which revenue is raised to support the publication of the folders. As an aside, the Business wishes for the Consumer to know that the very type of complaint she has filed in this case gave rise to the internet postings she read. Without obtaining all the relevant information and on the grounds that reading internet sites is "research," she reactively filed this complaint. Very possibly, another future customer will read this complaint and be inclined to take the same impulsive action. In that case, the Consumer may have caused defamation damages to the Business. The Consumer should have known by reading the Business' response to the internet postings that the Business sells advertisements only to be distributed by venues that have entered into a contract for their sale and circulation. As to the circulation of this advertisement, the terms and conditions of the sale include a protective clause for the Consumer that the one year of advertising will begin on the date the publications are placed into circulation. All of the advertising space has been sold, and the publications will be printed as soon as each of the participants approve their portion of the design. Because the Consumer's belief is incorrect, this Complaint is moot and should be closed as satisfied. Please forward this response to the Consumer, and advise the Business if any further communication is necessary. Tim M[redacted], esq. General Counsel Production Media Company [redacted] (F) [redacted] attn. Tim M[redacted]
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID .[redacted], , and find that arbitration is necessary. The information in the file
should include the letter offering full
Sincerely,
[redacted]

Complaint: [redacted]I am rejecting this response because:
Hello,
I was originally sent a letter from [redacted]
 
 
Hello [redacted]
This contains the statement that all homework, announcements, permission slips and anything that goes back and forth between parent and teachers.
You said there was a separate announcement folder.  Well, that's not what is stated.
This contains the following statement.  It clearly says announcements, which is what you said the other folders
were for. 
What part of "announcements" don't you understand?
We are providing custom designed homework folders that the teachers will be giving to their students. They will be used to carry the homework, announcements, permission slips, anything that goes back and forth between the parents and teachers all year. On the inside pockets of the folders we're going to feature 8 to 10 local businesses that are interested in reaching out to their community.
·YOU WILL BE FEATURED IN EVERY FOLDER FOR 1 FULL YEAR
·Cost includes everything; graphic artwork, pictures, logos, and any special lettering. It's only $375 for the entire year.
·Folders are full color and high resolution
·Get seen on a repetitive basis in front of parents for the entire year.
·Used to hold daily assignments, permission slips, homework, announcements, etc.
Further the original communication stated
My name is [redacted] with [redacted] and I'm working with [redacted] CA  on a new local project.  We are designing/producing brand new, full color homework folders that all of the students at the school will be using and taking home to their parents.  The folders will be used to carry all of their homework, announcements, permission slips, and anything else that gets carried back and forth frequently between the students and the parents.In these, we would like to feature a local music teacher that the parents would be able to contact directly, as this is related to both the students and the parents. This would be a great way to show how active and supportive you are in the community and gain some local credibility.
 
However, they did not deliver the folders at the start of the school year.
 
But, I was shocked when the school told me there were 2 sets of folders, one with my ad, one without.
 
When I contacted Production Media,  they told me I only bought the homework folder, that there was a separate announcement folder.
 
Well, as you can see, the original email and seller, [redacted] said all announcements would be in the School House Folder. 
 
I sent that information to Customer Support at Production Media, but they have failed to respond.
 
It should be noted that on both [redacted] and [redacted] the vast majority of all customer feedback is 1 star saying it was a SCAM.
 
I was told ALL communications between the school and parents would be in the folders I bought.
 
Here was the very original email.
 
 
Hello [redacted]
I'm glad to hear you're interested.  I'd like to tell you a little more about what I have been brought in to do for the school.
We are providing custom designed homework folders that the teachers will be giving to their students. They will be used to carry the homework, announcements, permission slips, anything that goes back and forth between the parents and teachers all year. On the inside pockets of the folders we're going to feature 8 to 10 local businesses that are interested in reaching out to their community.
·YOU WILL BE FEATURED IN EVERY FOLDER FOR 1 FULL YEAR
·Cost includes everything; graphic artwork, pictures, logos, and any special lettering. It's only $375 for the entire year.
·Folders are full color and high resolution
·Get seen on a repetitive basis in front of parents for the entire year.
·Used to hold daily assignments, permission slips, homework, announcements, etc.
Parents are your customers...
·Middle to upper income households
·Need and can afford your services
·Owners and managers of local businesses
·Perfect way to saturate your business within the community·Great way to get instant local credibility with all of the parents of the school
You can view our interactive Homework Folders on our website at: [redacted](Click on the arrow to the right of the presentation folder to open it up and examples)
Thanks for your time and consideration, I look forward to learning your thoughts.
 
Clearly, this was a lie.
I want my money back.

[redacted]DOCUMENTS ATTACHED[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
VIA WEBSITE SUBMISSION AND EMAIL TO:
July 19, 2016
Re: ComplaintID [redacted] To Whom It May Concern:
The Consumer initiated this Complaint claiming that the Business has not...

performed the service she purchased.  Because the Business has fully performed the service and because the Consumer accepted non-cancellable contracts in writing, the Business respectfully requests that this Complaint be closed as satisfied or, at least, marked that the Business made a good faith effort.
The Consumer purchased advertisements for her business to be printed in folders and circulated for two years by real estate agents and by a school in her area.  The purchase occurred in two parts.  Please find enclosed on pages three through six copies of the contracts and receipts associated with each part of the purchase .
Please also find enclosed on pages seven through sixteen printouts of several email strings, which specifically show that the Business sent attached copies of the contracts to the Consumer at the time of each respective part of the purchase. The Business' emails requested that the Consumer review the contracts prior to replying "CONFIRMED " to complete the purchase. Those same email strings show that the Consumer replied to the first contract "#[redacted], confirm" from an email address registered to her name and containing her full name. She also replied a second time "Account # [redacted], I confirm" from the same email address. She replied to the second contract "Confirm" from the same email address.
The contracts and emails all stated that electronic counterpart acceptance of the contract is effective in lieu of a signature.  The Consumer's email replies constituted electronic counterpart acceptance .  Therefore, the Consumer clearly accepted the terms of the contracts.
Part of the service the Consumer purchased was access to the Business ' professional graphic design team for assistance creating an original, customized advertisement.  Please find enclosed on pages eighteen and nineteen printouts of emails showing that the Consumer provided artwork and instructions for the design of the advertisements and that the Business used that information to create a design proof for approval or changes.  Most importantly, the Consumer replied , "I approve.  Thanks!" from the same email address as above and signed her name.Inother words, the Consumer approved this portion of the service in writing.
Pages twenty and twenty-one are copies of receipts showing that the Business ordered the printing of folders to be shipped to the same advertising venues as promised on the contracts.Pages twenty-two and twenty-three are copies of FedEx delivery reports showing that the folders were successfully shipped to the advertising venues for circulation.In other words, these documents are independent , third-party verification that the Business designed, printed, and placed the folders into circulation. The parties' contracts read in bold print and capital letters, "TIDS CONTRACT SHALL NOT BE CHANGED, MODIFIED OR CANCELED." Therefore, the Consumer is not entitled to unilaterally demand cancellation of the contracts or of the associated transactions. Even if the Business desired to accommodate a request for cancellation , it could not, because printed advertisements cannot be unmade or removed from circulation.The Consumer claims that the Business did not have authority from the advertising venues to sell advertising to be printed on the folders at issue in this Complaint.  Pages twenty­ four and twenty-five are copies of the Business' contracts with each respective advertising venue.  They impose a duty on the Business to print the folders.  They impose a duty on the advertising venues to circulate the folders.  Most importantly, they give the Business the authority to sell the advertising.
The Consumer's false statements and incendiary language, such as "scam," amount to defamation, in addition to other forms of unlawful conduct.  The Business demands that she immediately discontinues them.This case must be closed as satisfied or, at least, marked that the Business made a good faith effort, because 1) the Business fully performed the service, 2) the Consumer accepted non­ cancellable contracts in writing, and 3) the Consumer's claims are false.  Please forward this response to the Consumer, and advise the Business if any further communication is necessary.

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. However, we will not wait indefinitely for the agreed refund. It is not unreasonable to have an expectation for any business to refund monies in a timely manner, which has not occurred. We will not wait longer than 5 business days from today, before seeking other means to resolve this complaint.

Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327VIA WEBSITE SUBMISSION ONLYNovember 21, 2016Re: Complaint ID [redacted] To Whom It May Concern:
This Consumer initiated this Complaint claiming that the Business has not performed the service and that the...

Business did not have authority to sell the service in the first place. Because the Business has performed half of the service, it offers to refund half of the Consumer's payment for the unperformed portion.  The Consumer's claim that the Business did not have authority to sell the service is false and seems to be based on incorrect information from or a misunderstanding with a third party.
The Consumer purchased advertising for her business to be printed in presentation folders and circulated for two years by real estate agents who work for two agencies in her area.  Please find enclosed on pages three through five copies of the contract and two transaction receipts associated with the purchase.  Please also find enclosed on pages six through ten printouts of emails, which explicitly show that the merchant sent attached copies of the contract and both transaction receipts to the Consumer at the time of the purchase, along with notice that her purchase was complete.
Part of the service the Consumer purchased was access to the Business' graphic design team for assistance creating an original, customized advertisement.  Please find enclosed on pages eleven through thirteen printouts of several emails between the Consumer and the Business' graphic designer.  They show that the Consumer provided artwork and instructions for the design for the design of the advertisement and that the Business used that information to provide design proofs for approval or changes.  Most importantly, those emails show that the Consumer replied that the design is "Approved" from an email address containing her full name.By approving the design of the advertisement , the cardholder evidenced her assent to the terms of the contract.  Moreover, a legally-enforceable contract exists whenever parties exchange offer, acceptance, and consideration.  In this case, the Business offered the service.  The Consumer accepted that offer, and evidenced her acceptance by paying and approving the design of the advertisement.  The parties exchanged consideration in the form of payment , promises to perform contract duties, and the performance of services.  Therefore, the parties are bound to the terms of the contract.
Page fourteen is a copy of a FedEx proof of delivery, which shows that the Business shipped the folders for circulation by one of the groups of real estate agents in the same geographic location as promised on the contract and in which the Consumer 's business is located.
The parties' contract reads in bold print and capital letters, "THIS CONTRACT SHALL NOT BE CANCELED. " Therefore, the Consumer is not entitled to unilaterally cancel the contract or demand refunds of her payments . Even if the Business desired to accommodate requests for cancellation, it cannot after advertisements have been placed into circulation, because printed advertisements cannot be unmade or removed from circulation.This Complaint claims that "no one [at the real estate offices] had heard of such a thing." This claim is false. Pages fifteen and sixteen are copies of the Business ' contracts with the real estate agents who ordered this program-the same real estate agents as promised on the Consumer's contract. These documents show that the Business has a duty to design, print, and ship presentation folders to both groups of real estate agents. They show that the real estate agents have a duty to circulate those presentation folders. Most importantly, they show that the Business has contractual authority to the sell the advertising to appear on those folders.Furthermore , any claim that "no one had heard of [the presentation folders] is belied by the fact that one of the real estate groups received the presentation folders approximately three and one half months ago, as shown by the aforementioned FedEx proof of delivery.
The Business believes that the Consumer simply received some bad information from an unknowledgeable agent of one of the real estate groups or, perhaps, that she only visited the one group of real estate agents that have not yet received their shipment of presentation folders.
The Consumer would be correct to claim that printing of the presentation folders for one of the groups ofreal estate agents is tardy.  The Business apologizes for the tardiness and offers to refund half of her total payments as a prorated refund to resolve this matter.  Please forward this response to the Consumer, and advise the Business if any further communication is necessary.

Complaint: [redacted]I am rejecting this response because:
I was NEVER told that we have owed additional money.  On the last payment on 6/23/16, production media ran my credit card without my authorization.  Prior to this, we were told our balance was $250. They ran $250 which would leave zero as the balance.   If there was a balance, why have they not called or emailed or phoned .. I have phoned , emailed and called many times to them.
 
In addition, in my dealings with art department in Feb/march of 2016 and with the salesperson I was told that my folders would be out within 3-4 months .  Upon agreeing that the balance could be paid later, never was it stated that the 3-4 months started after the final payment. Even so, if that were true, they are still lae.  
 
I have been told many times that the folders were coming.  In July, I was told that the folders were to be send in September / October.  I did not like the answer but I had accepted it.  I had been told that a folder from EACH of the 2 offices would be send to me so that I could see that it was being mailed to the offices.
 
I had visited the WEICHERT office in November and January (2017) and were told that they kept calling production media to get more folders but have yet to receive any.   I spoke to Doug J[redacted] on November 2. Doug J[redacted] said he was going to call me back after he looked into it .  He never called. 
 
After many attempts to call and speak to ANYONE.. I finally spoke to Daniel W[redacted].  He said that Weichert would have theirs by December 14 and Avalar by December 23rd. 
 
I told him that I would like a refund due to the horrible customer service and the lateness of the advertsiing. I have attached the email response .  IN WRITING, he said that he would give a refund if I didn't have in my possession the folders by December 23rd.
 
I still don't have the folders and I am requesting a full refund!  I will attach that email thread.  The email serves as a contract based on the confirmation that I would receive a refund stated by Daniel W[redacted].
 
I see that you attached some forms that you ordered your folders in the beginning of January.  Where are they as of this date 1/26. 
 
Based on the ridiculous time frame I wish to have a refund.
 
 
 
 
 
Sincerely,[redacted]

December 22, 2015
Re: Complaint ID [redacted]
To Whom It May Concern:
The Consumer initiated this Complaint on the grounds that the service is tardyand claiming that the Business did not have authority to sell the service. The Consumeris correct that the printing, currently scheduled for the week...

of December 28, isapproximately three weeks later than the print date estimate from the time of the sale.Therefore, the Business agrees to refund the Consumer's payment by sending a checkto the address listed in this Complaint.
The Business vigorously disputes the Consumer's false claim that the Businessdid not have authority to sell the advertisement.,. The Consumer purchased advertising space for her business to be circulated forone year by real estate agents who work for an agency in her area. Please findenclosed on page three a copy of the contract between the Business and Consumer.The Consumer mischaracterizes December 5 as a deadline, rather than aservice date estimate. The contract states, "[The Business] shall deliver folders to [thereal estate agents] within a reasonable time, which [the Business] estimates to beapproximately 120 days from Contract Date." Clearly, the parties' contemplation at thetime was for a delivery estimate, not a delivery deadline. Nonetheless, the Business isable to remove the Consumer's advertisement and desires to maintain positiverelationships with its customers and to resolve this Complaint.
Page four is a copy of the contract between the Business and the third-party realestate agents who are to circulate the advertising publications. It imposes a duty on theBusiness to design, print, and deliver presentation folders. It imposes a duty on the real
estate agents to circulate the folders. Most importantly, it provides the Business withauthority to sell advertising and replace them annually.The Business is very concerned that anyone at the real estate agency wouldfalsely claim that this contract does not exist. Nonetheless, the Business will workseparately with the real estate agents to resolve the source of this misinformation.Because the Business has agreed to the Consumer's Desired Settlement, theBusiness respectfully requests that this Complaint be closed and marked as satisfied.
Tim M[redacted], Esq.General CounselProduction Media Company800-962-2587 ext. [redacted](F) 503-214-8228 attn. Tim M[redacted][email protected]

Complaint ID:
[redacted]This company received my material and made a copy of it... charged me for it and I never saw anything they promised... So they mailed it off to the "OFFICE" they said... Well I went by the office they told me to and I could not find it nor could I talk with anyone that knew anything cause they all spoke Chinese... "LITERALLY" I think there is something going on here that is not right and I do not want this case closed... I am sorry that the previous email got lost.... I just got this response from you an hr ago.... Can we keep this open until it is resolved... it is NOT RESOLVED in my opinion

To Whom It May Concern:Please find attached to this response a copy of an email string resulting from the Consumer's contact directly to the Business' attorney.  The email string contains a copy of a refund receipt showing that the Business already processed a refund to the same credit card used by the Consumer to make the payment.  That refund was processed prior to the Consumer's rejection of the response and prior to the follow-up email he sent.  The refund has been "settled" by the payment processors, which means that the funds have been removed from the Business' account and returned the Consumer.  The Consumer may not see the transfer of funds for several business days, depending on the practices of the Business' merchant payment processor and the Consumer's bank.  The Consumer's claim that a refund has not been processed, like all of his complaints in this case, is simply belied by the supporting documents.The Business wishes the Consumer great success in his future endeavors.  This case should be closed, since the Business has demonstrated that it has acceded to the Consumer's Desired Settlement, regardless of any obligation to do so.With Respect,[redacted]General CounselProduction Media Companyd/b/a School House Folders[redacted](F) [redacted] attn. [redacted]@productionmediaco.com
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

To Whom It May Concern:             The Consumer initiated this Complaint requesting a refund because of the wait for printing of the advertisement she purchased.  Because the Business has fully performed the service and because the...

Consumer accepted a non-cancellable contract in writing, the Business declines the Consumer’s Desired Settlement of a full refund and respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort to resolve the matter.  Please note that the Business refers to the complainant as the Consumer throughout this response to coordinate with the Revdex.com’s nomenclature.  However, this is not a consumer matter.  It was a business-to-business transaction.            The Consumer purchased advertising space for her business to be printed in homework folders and circulated for one year by a third-party school in her community.  Please find attached to the same email as this letter “Contract” and “Transaction Receipt,” which show the terms and transaction details.            Please also find attached “Emailed Contract,” which is an email that explicitly shows the Business sent an attached, true-and-exact copy of the contract to the Consumer at the time of the purchase.  The merchant’s email requested that the Consumer review the contract prior to replying “CONFIRMED” to complete the purchase.  Please also find attached “Electronic Counterpart Acceptance,” which is an email showing that the Consumer replied to the Business “I confirm” from an email address, the heading of which shows that it is registered to her name and originated from her business’ domain.  She also signed her name, business name, and contact information, and included a photograph of herself.  The reply email is time-stamped and dated approximately four hours after the Business’ email, which shows that the Consumer had more than ample time to review the simple, one-page contract.            The Business’ email and contract both stated that electronic counterpart acceptance is effective in lieu of a signature.  The Consumer’s email reply constituted electronic counterpart acceptance.  Therefore, the Consumer clearly accepted the terms of the contract.            Part of the service the Consumer purchased was access to the Business’ professional graphic design team for assistance creating an original, customized advertisement.  Please find attached “Email Submission of Artwork,” which shows that the Consumer provided artwork and instructions for the design of the advertisement.  Please also find attached “Proofing Emails,” which are a string of emails between the Consumer and the Business’ graphic designer.  They show that the Business used the Consumer’s artwork and instructions to provide design proofs for approval or changes.  Most importantly, they show that the Consumer replied “Looks great!  I approve, thank you” [sic] from the same email address as above, and she signed her name, business name, and contact information.  In other words, the Consumer approved this portion of the service in writing.            Please find attached “UPS Order Receipt,” which shows that the Business ordered the printing and shipping of homework folders scheduled for delivery to the same third-party school as promised on the Consumer’s contract.  Please also find attached “UPS Delivery Confirmation,” which shows that the shipment successfully arrived to the school for circulation.  In other words, these documents are independent, third-party verification that the Business fully performed the service.            The Consumer’s contract reads, in bold print and capital letters, “THIS CONTRACT SHALL NOT BE CANCELED.”  Therefore, the Consumer is not entitled to unilaterally cancel the contract or this associated transaction.            The Business acknowledges and apologizes that printing of the advertisement was tardy.  However, the parties contemplated that unforeseen delays do sometimes happen when they agreed to a protective contract clause for the Consumer, which reads, “[The one year of advertising] shall begin on the date of delivery to [the school].”  In other words, the Consumer would receive exactly that which she expected at the time of the purchase—one year of advertising commencing on the first date of circulation.            Because the Business has fully performed the service and because the Consumer accepted a non-cancellable contract in writing, the Business respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort to resolve the matter.  Please forward this response to the Consumer, and advise the Business if any further communication is necessary. With Respect,Tim M[redacted], Esq.Independent Counsel representing Production Media Company, d/b/a School House Folders(Messages) 800-962-2587 ext. [redacted](F) 330-423-0424[redacted]@productionmediaco.com See letter and supporting documentation transmitted to Revdex.com agent via email.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
[redacted]