Drop Shipping Company Claims Jezsta Web Productions Statements Libel
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What constitutes libel and defamation against a company? Libel is a written form of defamation. Making intentitional false statements to ruin a person’s/company’s reputation is defamation. |
For the company/person making claims that a company/person is libel by defaming a company by written statements have to prove intentional malice of writing false statements to harm. If a person or company uses a company’s service and is not satisfied by their sub standard services it is that person’s or company’s Freedom of Speech to state anywhere of the sub standard service that they received. They are not making an intentional false statement of malice. They are stating what they feel to be rotten service and have every right to do so.
Earlier this year I wrote an article on the website Jezsta Web Productions - Internet Marketing - Web Marketing - Drop Shipping. I used a drop shipping service Treasure Traders from Nov to Dec 2006. I was unsatisfied with the services that I had received and also was out money because I ordered the products wholesale and sent them to a customer who needed them as it was a gift. It took almost 30 days for my customer to receive her items, these items didn’t ship until almost 3 weeks were past. With more research I found out that the prices were not the best for a drop shipping service. I only got these items shipped once I went to PayPal to intervene and hold the payment. I ordered some items on the 30th of November and my customer received them on the 23rd of December.
The company Treasure Traders contacted me to remove my statement of review.
“Treasure Traders was sold to a new owner some months ago and you have some information here that could bring some legal liabilities to you. We are politely requesting its removal before proceeding with legal action. Several sites have outdated and invalid site information much of which is outdated including old site screenshots of a site that is not even valid and we are proceeding with legal action and seeking damages in every case for false information. The site has written proof that every order has shipped in 3 days or less over several months. No contact at all and we will assume you wish to leave the info and we will proceed accordingly. “
Our Reply:
Hello,
You still have the same address listed as the one before when we used it. The information listed on our site is true and not false, you should be lucky we didn’t state anything on the “Rip Off Report” website. We had a very bad time when we used treasuretraders before and also used PayPal to intervene on holding payment for something to be sent. We had some very unhappy customers from using the drop ship service, not only that we lost some money as we started to purchase our own wholesale items then and received some coasters from the wholesaler that we had ordered to be drop shipped that wasn’t shipped for 3 to 4 weeks. We actually received our coasters that we ordered from the wholesaler and shipped them to the customer before they got the ones that were drop shipped!
What we are saying on the website is an opinion and it isn’t illegal to say it either. You have also not given us any reason to change our mind but have threaten us with legal action, which we also have proof of what we are saying. Also your prices are still by far the highest of other drop shippers. For the Absorbastone coasters you are charging $9.50 for that you can get for $7.95, these cost $5 for wholesale. Truly these are too expensive for anyone to make any profit from as you are charging retail for those and for most of your items.
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It is fair for anyone in a free country to tell the public of what type of service they receive. We will state what we feel about a drop shipping company that we use. If we do not like the service we will state so. If you feel you need to take legal action it is your free right to do so as our free right to state a service that we have received good or bad. Sincerely,Jezsta Web Productions |
Their reply back:
“The address is the same because the business was sold including location, warehouse, inventory, etc. Naturally the address does not change for a physical building. Can’t pick that up and move it.
Also, people who choose to dropship rather than stock their own inventory are going to pay more than if they bought and stocked the items themselves. Dropshipping is a value added service. People expecting to sell an item and never stock it, order it touch it, etc. should never expect to get for the same price as if they did. That is just common business sense.
There IS a legal implication because the site has been transferred and the information you are stating is NOT true of the site at this time. Every single order on that site ships within 3 days or less. No exception. Every item on the site is in stock in the warehouse. And if you choose to continue with this charade, you must realize any proof you THINK you have is not for this site or its owners or the individuals associated therewith. And we will be happy to reciprocate with similar damaging information in return to YOUR company as libel and defamation until such time as our suit(s) have been filed. It is your choice, but please prepare to be held accountable for your actions. People sell business and warehouses and buildings ALL the time. The address point is pretty lame.”
Our Reply back:
Look, you are still using the same email address which is associated with 26 other domains, which is associated to LB. You need to change the “who is” if this is different.
Drop Shipping is suppose to be cheaper than of course retail stores. We use drop shipping and also have our clients do so also. We use drop shippers and test them for the best services and let our clients know the best. Trust me your prices are too high for drop shipping, those same coasters can be found at Wal-Mart for $7.95. One doesn’t need to stock that inventory just purchase them at Wal-mart. We know all about drop shipping since we have many websites that use drop shipping services. We also know prices on the internet and do research in stores. It doesn’t make sense to sell something for someone else and get less profit than they do.
We also review and like we say we will give our opinion of services rendered. We changed it to the date of using treasuretraders, but will not change what we have stated as it was the truth. We will not take threats because this is the service that we received, whether or not it has changed is not the point. So, you are happy to reciprocate with damaging information, to which you have not used our services. We already have many happy clients and you are free to do as you wish, but since you have not used our services then you of course in your own statement will be doing libel as it will be false.
When someone purchases a domain they also take whatever was associated with that domain from the previous owners. This is why someone is suppose to research a domain’s history and practices. You need to be aware of that before you purchase another domain.
Just a piece of advice, if you wish someone to remove something from a website that you feel is wrong you might want to ask more politely instead of making threats. Although you stated you were asking politely you made sure to mention what you thought was legalities. You can not seek legal action for a site that has an old screenshot cached in their system or for what was done in the past with that website as it was the truth of what happened. If you feel you can then fine. You might want to use that money making your site come up in the searches and gain more traffic. That way it won’t be wasted.
Rest assured all communication is kept for further attention in this matter. We might even place it in our site to prove anything you state negatively about our company is false information.
Jezsta Web Productions
They of course emailed back and stated they will resolve this legally. Now can they prove my statement is in fact intentional stating a false statement in malice. Nope they can not because I have documents to prove what I have stated and the customer who can also state that she received the items I had ordered wholesale got to her first before the drop shipped items. I was out money cause I had to send the customer other items and could not cancel the drop shipped items. This was very fustrating which is why I stated that the services I had received was very poor and the worst drop shipper I had used.
Now if Treasure Traders customer service is better than before that is great, it still doesn’t change the fact that when I had used them I had received bad services, even if the company has changed hands. I still find their prices on the high side for a drop shipping company also.
Please also note what was stated on the 2nd email “And we will be happy to reciprocate with similar damaging information in return to YOUR company as libel and defamation”. This company actually states that they will do libel and defamation to our company! Now will not be threatened by someone saying they will give false damaging information, especially when we got proof that they state they will do so!
We have used these drop shipping services below and find them exceptional in shipping, customer services, and pricing!
International Wholesale and Drop Shippers Corp and Sunrise Wholesale Merchandise.