Originally Posted by johnjen
Mr. COB do you remember in my PM where I told you what to say and even to copy and paste the exact sentence and send it to Poolside?
If you had sent that simple one sentence, none of us would be discussing this right now.
I even explained why it was necessary. And if those e-mails I saw were the the full exchange, you didn't actually state that you accepted the terms and conditions.
And I can see from your position where you believe you accepted them, but the actual words used didn't SAY that. Your words implied, and pointed at, and seemed to say what you imply, but you never said, and this is the clincher,
I AGREE TO THE TERMS AND CONDITIONS OF SALE.
This, as was pointed out in a previous post, is a consequence of bypassing the paypal ordering process.
I'm sorry for the confusion or misunderstanding or whatever you want to call it, but implying agreement and stating it in writing are NOT the same thing, no matter how much you want to believe them to be the same.
I have met you, I have not met poolside, all bullshit aside, take your lawyer hat off and be human, can you in all HONESTY state that in my emails and PM's that I didn't write in words that ANY reasonable person could understand that I accepted the terms of sale? If you can HONESTLY state that I didn't know what I was buying, the terms under which it was sold, and that I had no recourse after the sale, then I'll have misjudged your ability to understand plain English. Like I said, I am NOT a fuckin lawyer, I am an honest man and deal with others as if they are honest, I don't hide behind words or legalities.
Read my signature, I have been modifying and selling modified Ural clutch disks for close to five years, I have sold them all over the USA, in Canada and a few have even made it to Europe. In all the time I have been doing this I have never had a complaint on the product, I have ASKED that I be paid with a personal check from folks I'll never meet and have never been burned. I don't have any disclaimers, I don't ask people to sign any type of "click-thru".
I ship the parts as soon as they are ordered, in short I "TRUST" people, I don't fuck with them. The way I look at it if someone writes to me and orders something from me, we have a contract it might not be legal but if a person is worth a shit their word or sense of honor is worth a HELL of a lot more then a piddly sum of money such we are talking about here. My sense of self worth means a whole lot more to me then $72.50 including shipping, if "YOU" or "poolside" gave me their word on something I would take you or him at his word until proven otherwise.
I fulfilled my end of the contract, poolside reneged on his, as I know you I asked that you intercede on my behalf. John I offer to YOU
my sincere apology for having gotten you involved in an affair that was not of your making, that was a mistake on my part and I accept full responsibility for having made it.