MrGray

I think you might want to run that idea that you have no contract past your lawyer. Once you take the money, I'm betting there's an implicit contract.

And that's from a strictly legal point of view. A lot of folks, me included, are going to feel that regardless of what the law says, taking people's money for ordered goods, ignoring them for months, and then sending out a hostile email like that is scummy behavior.

Arguing that you've got the law on your side and that you're justified in doing what you've done really doesn't do much more than entrench the view that you're in the wrong, know it, but refuse to admit it.

Most businesses who delayed orders, neglected to respond to customers inquiries about delays, etc. would be attempting to figure out a way to compensate those customers by delivering to those customers MORE than what they ordered, without any additional cost. Instead, you're sending out email attempting to coerce those customers into settling for less than what they ordered.

You're a really bad businessman. Your future customer base ought to keep that in mind.

Good luck with the hybrid holster thing. Too bad Crossbreed and Comp-Tac seem to have that market segment sewn up, especially since those two companies have earned well-deserved reputations for under-promising and over-delivering.

SwollenGoat

How in the world do you make that assumption from that post?!? In fact Brock, you can eat a little crow as here was a post I made back in early June within the "Where's my holster?" thread.


So there you have it Brock, I really only want my holster. However, since you can't really tell me even an estimate of a completion date - I can't help but wonder if you'll take me down the same path again. Can you even admit as to how many paid customers are currently waiting for a holster? How many are waiting that ordered ahead of me? *I checked my records and placed my order the last week of October 2008. If there are other orders ahead of mine then you need to get them taken care of ahead of me. Stop with the excuses, stop with the drama, don't posture and do what is right. Your reputation is on the line here.

QKShooter

Sorry but, I really don't have the time or the volition to go to your website and review your original terms and conditions but, they are probably not posted there anymore anyway.

Actually, when you own a business and a customer pays for a specific mutually agreed upon product and they are told that they can expect delivery of that product within a certain period of time...that IS a contract.
There does not have to be a "signed by both parties" dated, sheet of paper.
It is an understood contract and it is legally binding and enforceable.

When a customer pays in advance for goods and or services there is an understood normal expectation that they will receive their product within a reasonable period of the originally promised or specified delivery date.
Even if that original delivery time was approximate - For example:
No reasonable person would assume that "approximately" 3 weeks was in any way equal to an actual waiting time of 4 or 6 months.
If this customer was promised a delivery date sooner than 4 months and your company has subsequently made itself unavailable to all forms of communication related to his order AKA not available to answer questions as to when the customer can expect delivery then that is "unethical business practice" no matter if you want to believe that it is not.

Also basically you have held onto his money for 4 months which is money that he could have already spent someplace else if he was able to get some sort of communication or honest answer earlier.

I don't have any dog in this fight and I'm nothing more than an outside observer.
Certainly though I believe that this member is being truthful and that his post is factual.
After so many years as a forum moderator I can pretty much always sort out the truth from the prevarications and exaggerations.

The point that I really want to make is that YES! Unexpected Stuff happens.
And I (for sure) am getting absolutely no joy at all in hearing that you have had health related problems.

Friendly advice though...The E-mail that you sent out came across as being harsh and rude and basically it reads like: "It's My Way Or The Highway"
Trusting customers that have stuck by you during a prolonged illness do not deserve that at all.
You cannot fault them for wanting answers to questions about the status of their order or the whereabouts of their dollars.
Your illness caused frustrations for you and so you should be even more able to understand how THEY feel.

What they deserve NOW is to be treated in an extra nice fashion with you going the extra mile for them.

My suggestion to all holster buyers is to pay with a major credit card.

That way if your order does not arrive near when it is supposed to then make one phone call to the credit card company - (phone answers 24 hours a day)
Dispute the charge and your credit card company will refund your account immediately & then they will go after the other party for the money but, you will already be out of the loop and can go shopping someplace else.

"Oh, and the SOL remark...kind of harsh."
And concerning my SOL comment. Read the letter you sent out...that's harsh.
The member paid for something - he never got it - he was never able to find out why - then out of the blue he gets a rude whole new "playbook" and still no definitive answer as to exactly when he will get exactly what he paid for....I dunno...sure smells like something vaguely reminiscent of SOL to me.
But, then again...what do I know?













.

Bluegrass Holsters

As I have stated....

send me a PM with your name and info and I will process a refund for you.

My apologies that I did not serve your needs.

__________________
Brock Morgan
Bluegrass Holsters
Bluegrass Hybrid Holsters

Bluegrass Holsters

Qk...

thank you for your input and please understand that I have no need to further "defend" myself or my actions. Both parties can cancel contracts in most cases....my customers have always been able to cancel their order even after receiving the holster and trying it out...something that many holster makers do not allow.

Regardless, all customers (with only a rare exception for a repeat customer or so) pay by credit card...that is how refunds are processed, too...back to the card used in payment.

While I respect your input, I have not changed my mind on how I am handling this situation. I have offered customers more than they ordered in some cases and if they do not like the situation then they will be compensated for their order. Period. Reminds me of a tale told by my grandpappy....no way to please everyone, just pick a course, do what you think is right and move forward.

Again, my apologies for those who are not happy with the situation. Amazing that the folks that had orders shipped overnight, expedited orders when the original seemed to have been lost in transit, the various upgrades given when I stated a time frame only to choose to remake a holster because I didn't like the fit...knowing I cost myself with my own standards....funny how nothing like this ever makes into these kinds of threads.

I know how I have tried to treat my customers. The path I have chosen to notify my customers and to set things back on track were done with the best of character and determination. I frankly don't care if you don't like my efforts....I am sure that you, or someone would be incensed if I handled it in some other way, too.

I am done responding in this thread. As stated to the OP....once you identify yourself I will process a refund.

Again, my apologies.

__________________
Brock Morgan
Bluegrass Holsters
Bluegrass Hybrid Holsters

cvhoss

Have not purchased a Bluegrass product but the emphasized (emphasis mine) portion of the quote below would prevent me from doing business with them or any business that sent out a bulk email to customers containing that type of language.
To the OP -- I would select option 1 -- immediately. There are plenty of reliable holster makers out there. Bluegrass holsters may someday rebuild a good reputation for customer service, but it won't be by sending out letters such as the one above.

Hoss

__________________
I ain't as good as I once was, but I'm as good once as I always was
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retsupt99

I'd take Options-#1, but keep it civil...never burn your bridges.

We all can learn from our mistakes...but WE should choose the ones we want to learn from...

(I know it can't always work that way.)

__________________
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"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."


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Stealie

Take option one and move on.

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dr_cmg

I'm not going to get into what the OP should do because I think he has gotten excellent information on that. What I want to briefly refer to is the word "contract". Kentucky is, along with every other state, covered by the Uniform Commercial Code and according to the UCC a contract was made and is enforceable. Like it or not, want it or not the contract exists. What the OP and Brock do about it is up to them, but don't doubt that a contract (and not an implied one) exists.

That said; I, too, wonder about the integrity of someone who stops making deliveries and stops responding to customers at one business while advertising and delivering products from a new business.

I also question the integrity of someone who claims to have have a number of names trademarked, but none actually are trademarked according to the US Patent and Trademark Office.

Even more questionable is the statement: "This attachment design on the custom holsters are trademarked, too." Why is this questionable? Because the USPTO says the following about what can be trademarked: A quick check of the USPTO website explains that the word "design" in the above statement means something that can be used as an identifying mark. Examples of "designs" would be:


Nike


Chevrolet

The design of an attachment is not something that distinguishes the source of the goods of one party from those of others and therefore cannot be trademarked.

When two separate websites belonging to the same person both make the same fallacious statements I have to question the validity of any and all other statements contained in those sites. Now it appears from the events recorded in this thread that there were ample reasons to doubt the accuracy and validity of any claims made on the sites.

__________________
George

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

Bumper

I would get my money back and never look back....

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Coimhéad fearg fhear na foighde; Beware the anger of a patient man.