Answering questions you might have.

[Eliza]

My advice to all: CANCEL your orders and order from AMAZON. Also file with you CC for any money you may have give them. Even if the charge is a few months old, your CC may still be able to do something if you give them the background. If you are holding out for Jason, I will be surprised if he is compensated for this venture. All signs are that this is a company that is going downhill and I won't be surprised if they aren't around in a few months.

BTW, even if you do cancel, I will be SURPRISED if you get your money back from AU. You may HAVE to file with your CC.

Let me just second what Jimmy is saying: I did cancel, and just as a preemptive measure, I asked my CC company what I will have to do in order to get a credit on a charge I first incurred in March should AU not come through with my refund. (Since I am now long past the time period they usually allow for disputes.) I said this in another post, but I just want to reiterate: save hard copies of any correspondence, emails, etc. from your order and any communications you've had with AU. You will probably need them when dealing with your CC company. It will also help to get it in writing that Ross has agreed to credit you. A post by him on this website will not be enough, nor will just an email from him -- the written confirmation will have to have your name and credit card number on it and must preferably be on AU letterhead. (I'm just telling you what my CC company told me. Hopefully those of us who've canceled will get our refunds the right way -- banging on wood with great vim and vigor -- and won't have to take it this far.) I'm still waiting on that letter from AU, but Ross assures me it's coming. (Banging, banging, banging hopefully on wood!)

[Jason R]

If you are still waiting for a double charge to be corrected and you did not already do it, please post it at http://www.drygrass.com/mscl

[cerise]

so i would like to cancel my order and go with amazon. (i'm a poor college student who just moved in with my boyfriend, i need the cash). however, i'm worried that i will never get my money refunded and since it has been close to a year, i don't see how i could be assured that i get my money back since that original 100 has long since been paid.

if i cancel my order are they legally obligated to give refunds? it seems like they are since everyone keeps saying they will cancel their orders...but will i actually see my money. are there avenues that can be pursured to get my money back if i have trouble after cancelling my order?

thanks,
jen

I've been lurking here a while myself, counting myself lucky that I haven't had the myriad of problems others have had, and trying to wait patiently. I did want to let you know that legally AU is required to refund your money. The following web site http://www.ftc.gov (search "Mail Order Rule") shows the rules for mail order companies regarding reasonable ship times, the amount of time allowed for refunding money, etc. PeoplePC in California was just fined $100,000 for ignoring this "Mail Order Rule." The basic tenets of the rule are listed below.

Adopted in 1975, the Commission's Mail Order Rule requires
mail-order merchants to:

-- ship orders within the time promised in advertisements
for the goods or in catalog listings or, if no time is
specified, within 30 days of receiving a "properly
completed" order;

-- for orders that cannot be shipped on time, notify the
consumers of the new shipping dates and give them the option
of cancelling for full refunds (for consumers who do not
respond, sellers can presume they have agreed to a delay of
up to 30 days);

-- if a consumer cancels, make a full refund within seven
days for cash, check or money-order sales, and within one
billing cycle for charged sales;

-- for orders where revised shipping dates cannot be met,
send consumers second notices and, unless the consumers
expressly consent to the second delay, cancel their orders
(thus, for second delay notifications, the presumption
applicable to the first notification -- that consumers still
want the merchandise -- is reversed).
(Mail Order Rule--10/01/92)

Final Mail Order Rule Amendments--09/20/93)

The Commission also has amended the Mail or Telephone Order
Merchandise Rule to:

-- include sales where a computer, fax machine or some simi-
lar means is used to transmit an order over a telephone line;

-- delete language favoring first-class mail (over the tele-
phone or other means) for notifying consumers about delays in
shipping their orders and about their cancellation rights;

-- mandate that the clock for shipping credit-card sales
begin ticking as soon as merchants receive enough information
from the buyers to process such sales, rather than waiting
until customers' accounts actually are charged; and

-- with respect to orders accompanied by applications for
credit (as compared to orders to be charged to existing
accounts), extend the time by which shipment or delay notices
must be provided from 30 to 50 days, in instances where the
merchant did not expressly state a shipment time.

Sorry for the length of this, but I wanted to get the bulk of the rule posted here so people could see how the rules have been broken. There is a further fine structure if what is shipped with an order is different from what was promised at time of payment. I don't want to be threatening, but the internet is a good place for us to keep each other informed and take steps if we have too.

And, thanks Jason, for the work you have done in putting this project together. Back to lurking.

[GordLacey]

Sorry for the length of this, but I wanted to get the bulk of the rule posted here so people could see how the rules have been broken. There is a further fine structure if what is shipped with an order is different from what was promised at time of payment. I don't want to be threatening, but the internet is a good place for us to keep each other informed and take steps if we have too.

Awesome work Cerise! That's interesting information to know for anyone thinking about doing business online. Thanks for posting it.

Gord

[Lurker1999]

The problem is if they have no money to refund. While it's only a rumor it appears to be the prevailing wind. Get out while you can.

[Debs]

How can we get out?? If there's no money how are we going to get it back?? At this point does it make much of a difference if we cancel?

By the way, I don't have much of a business-head but could someone tell me where on earth our money went to?

I want to believe Ross will come good but I feel sick.

[phelix]

How can we get out?? If there's no money how are we going to get it back?? At this point does it make much of a difference if we cancel?

Yes, if you can get some documentation from AU that you have cancelled your order and that they intend to refund your money. Then maybe you can give that to your creditcard company and get a chargeback from them.

[Debs]

I used my debit card. I'll check with my bank on Monday but I think I've lost out royally.

I wouldn't care, I was one of the pre-orderers who ordered way back in Feb but wasn't actually charged my deposit until June. I was so worried I'd lose out on the DVDs if AU couldn't get my card to go through. Stupid.

[Richie]

Jason
I've just used your drygrass site to cancel my order.

Now, obviously a lot of people are going to be doing this - do you know what kind of response we can expect from AU and whether we will get offical confirmation of our cancelations and if there's any likelyhood of getting the full refund that Ross promised?

thanks
Rich

[lance]

Jason,

If AU has not payed BMG yet and Amazon is selling the set...might AU never get the discs from BMG since they have not payed them yet?

Just curious

Lance Man

[Denie]

Jason,

If AU has not payed BMG yet and Amazon is selling the set...might AU never get the discs from BMG since they have not payed them yet?

Just curious

Lance Man

In another thread Jason wrote this:

I've already posted this here. If AU does not pay BMG, their entire order of discs will go to Ventura. Ventura retailers will receive the sets first.

[Jason R]

I believe I should add a disclaimer to my site. I have no access to credit card data, or i would be refunding the money myself.

Jason
I've just used your drygrass site to cancel my order.

Now, obviously a lot of people are going to be doing this - do you know what kind of response we can expect from AU and whether we will get offical confirmation of our cancelations and if there's any likelyhood of getting the full refund that Ross promised?

thanks
Rich

[FarrellGirl78]

I said this in another post, but I just want to reiterate: save hard copies of any correspondence, emails, etc. from your order and any communications you've had with AU. You will probably need them when dealing with your CC company. It will also help to get it in writing that Ross has agreed to credit you. A post by him on this website will not be enough, nor will just an email from him -- the written confirmation will have to have your name and credit card number on it and must preferably be on AU letterhead. (I'm just telling you what my CC company told me. Hopefully those of us who've canceled will get our refunds the right way -- banging on wood with great vim and vigor -- and won't have to take it this far.) I'm still waiting on that letter from AU, but Ross assures me it's coming. (Banging, banging, banging hopefully on wood!)

I kept the letter that AU send me as a receipt for my purchase, I saved all the e-maild but my question is: If AU has no intention to pay us back, how can we expect him to send us a letter saying that he will? I don't think I can get a written confirmation. I e-mailed Ross twice today and I understand he may have a lot of e-mails to answer to but he didn't e-mail me back saying he would take care of my cancellation.

I will have to call my CC company!

Dominique

[mercury]

you got a written receipt? lucky duck...

[Eliza]

If AU has no intention to pay us back, how can we expect him to send us a letter saying that he will? I don't think I can get a written confirmation. I e-mailed Ross twice today and I understand he may have a lot of e-mails to answer to but he didn't e-mail me back saying he would take care of my cancellation.

Last week, I emailed Ross and requested a written confirmation of AU's agreement to cancel my order and issue a full credit, and I received it via fax 2 days later. I had to be pretty persistent (sending emails repeating that I had not received it yet), but it came. It turns out I won't even need it to dispute the charge with my CC company (as I was assuming I would have to do) since my money was refunded by AU the next day. So I feel like one of the lucky ones. Good luck to you all!