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1 Timothy Watson  Sun, Nov 17, 2013 3:29:21am

How can a business “fine” someone when the business itself violated the terms of service/contract by not fulfilling the order?

2 John Vreeland  Sun, Nov 17, 2013 4:30:54am

Why would anyone ever want to give their custom to Kleargear ever again?

3 kerFuFFler  Sun, Nov 17, 2013 5:58:24am

This commenter (from the linked article) took the words out of my mouth:

The irony is that this story will probably do more to hurt their business than any kind of negative review on some random website, no matter how frequently it is used.

How many people would have even read her negative review before this story came out? Now people won’t want to do business with a sleazy company that fines you for telling people that the company does not deliver and has no customer service to speak of.

4 scottslemmons  Sun, Nov 17, 2013 6:08:00am

re: #3 kerFuFFler

All hail the Streisand Effect…

5 Dark_Falcon  Sun, Nov 17, 2013 7:12:27am

re: #1 Timothy Watson

How can a business “fine” someone when the business itself violated the terms of service/contract by not fulfilling the order?

It’s in the sales contract, which people almost never read. If they fail to deliver, then the customer has the right to their money back (except for ‘Acts of God’ such as earthquakes or hurricanes), which the lady did get from Paypal. So while it was a flub by Kleargear, it was not actually a violation of the contract on their part.

Disclaimer: The foregoing was legal analysis. I don’t like when the law produces results like this and I do not condone or defend the actions of Kleargear.

6 FemNaziBitch  Mon, Nov 18, 2013 12:08:11am

I learned a long time ago that only 1 of 10 unhappy customers will complain, thus giving you a chance to rectify the situation and keep a customer.

Thus, a complaining customer is a gift, an opportunity. You will never know why you lost those other 9 customers —forever.

Any business that would make their contract in such a way that prevents negative feedback from any forum is a business that is going to fail.

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