Here is the last email from the gentleman...

Thank you for the email.

Maybe you did not understand my position.  You were advertising the two decks and at the time of my purchase it did not state you would not ship the Embassy deck.

I have the ad and before you changed it and I really do not care how many decks you have sold without a complaint.  You have violated more than one law.

This is an issue that will need to be decided between your corporate attorney and my attorney since we do not agree on anything.  My point is that I purchased something from you and your switched the item and then changed you ad after my complaint.  I do not want a refund, I want what both you and I agreed upon when I, in good faith paid you in US dollars.  This was a contract and you have violated the contract.

Thank you.

D.B.



At 08:20 PM 10/9/03 -0400, Newt's Playing Cards wrote:

THIS IS OUR THIRD EMAIL TO YOU!!!!  Maybe this one will make it through.  I will attempt to send it a couple different ways in hopes that you will get it.  I would like to first of all suggest that you read our policy page at... http://www.newtonsnovelties.com/policies.htm
 
I would also like to suggest that you call our store at 1-866-834-6398 and talk with Bill. 
 
As stated before, we will refund your money but you must return it first.  That is our obligation and not to worry, we are NOT breaking any laws.
 
Here is what was sent to you yesterday...
 
==========================
Thanks for the email.
 
WOW!  I'm very sorry you were so confused.  We have sold TONS of these cards and you are the first one to complain. All together we have sold over 25,000 decks of Iraqi playing cards. The second deck you are seeing there is from the manufacturer and is used by Liberty to give "authentic" value to the Iraqi deck they made.  It is impossible for us to sell the second deck.  That was a deck that was private labeled for the military AFTER the release of the initial 200 decks.  I would love to have one of these decks for myself, but have been unable to even get a hold of one!  The picture you see on our website is the "official" photo that Liberty Cards sent us to use.  We have now been using that photo since April 25 without one complaint.
 
Please just send your cards back to us and we will gladly refund your money. 
 
I will have the site updated so that it will be EXTREMELY clear.  (Of course this has already been done because you do not seem to get your emails from us).
====================================
 
We are willing to take your product back.  That is ALL we are obligated to do.
Jim E.
Customer Service, E-Quiver, Inc.
custserv@e-quiver.com

----- Original Message from D.B. -----

 

Since I sent you an email yesterday (see below) and I have not had a response, I decided to go to your web site and noticed that you have changed you advertisement for the two decks of Liberty cards.  You are now telling people that you do not sell the Embassy deck of cards. 

When I purchased my two decks you did not state this fact.  You mislead people to believe they were purchasing the camo and Embassy decks.  As I stated yesterday,  I copied your ad (in color) and now I have you ad from today in color also. 

What plans do you have to honor your obligation for filling my order?  If you do not plan on doing anything, please advise.  I would suggest that you speak to your attorney on this matter prior to disregarding this obi ligation.  It seems that it is false advertisement, bait and switch, and it does cross state lines.  This is just something for you to consider while trying to decide if you are going to ship my double deck of Liberty manufactured cards that include the camo deck and the US Embassy Kuwait deck to me.

Thank you for your assistance in this matter.

D.B.



This is where Newt's Playing sent emails, but he did not receive them.


Here is D.B.'s first email to Newt's Playing Cards...

I have received my order from you (#1***** 6****) that I ordered on Saturday. 

I just wanted you to know that I am very disappointed.  This is not what you picture in your ad for this item.  You show two decks of cards and they are in a holder of some sorts but the main thing wrong is they do not look anything like you picture.  They are made by Liberty but they are not two different style decks like you picture.

If you are advertising a picture of something, I would think that you would either put a disclaimer or change the picture if the item you are selling is not the same.

Take a look at the picture for two decks of Liberty cards and you will see one camo and one Embassy.  No where does it say you are going to get two camo decks.  I did not order two camo decks but I was charged and shipped two decks of camo cards.

This is just misleading and boarding on false advertisement.

I have read you statement about returns and now I must go out find a box( I threw yours away) package up the two separate decks, go to the post office, stand in line (take time off from work), pay to ship this back to you, wait for it to get to you, and then wait for you to credit my credit card but use my money for approximately three weeks since you ship items that your customer does not ask for.  This really is bad. 

I just went and copied your site and the picture of the two deck Liberty Cards for a Special Price of $16.00 and no, it does not state that the customer will receive two deck of camo cards.  It says you will receive a double deck and show the picture of the Embassy and Camo.  I went on and re-read about fakes and originals and it does not mention anything about you changing decks.

I want the Embassy deck.  I ordered it in good faith from your advertisement.  Please advise if you are going to hold up to your part of the bargain.

Thank you.

+++++++++ END OF EMAILS+++++++++

Again, we cannot seem to get this gentleman to understand that if he is unhappy to please send the cards back and we will refund his money.  Second, we have ALWAYS stated that what we are selling is the Liberty Brand Iraqi Most Wanted.  Nothing more, nothing less. He apparently read into it.