DO NOT ORDER from Divia Digital

marcuspocus · Post by **marcuspocus** » Fri Aug 22, 2003 7:33 am

Aren't you protected by your credit card contract against frauds?

I think yes! They are going (mastercard, ae, visa) to sue the store, and prevent that anybody else can be ripped by them, specially if using their credit cards...

I think there is laws against that. Then, as a customer, you are protected by the credit card owners right.

[ This Message was edited by: marcuspocus on 2003-08-24 04:36 ]

krizrox · Post by **krizrox** » Fri Aug 22, 2003 9:56 am

You beat me to the punch. I was just about to say the same thing.

Most (if not all) major CC companies offer some level of buyer protection. Seems to me you should be able to contact the CC company, explain the problem and obtain a refund of your money. But I've never actually had to do that so not sure how well that even works.

I'm curious why you guys went through this particular company(?) in the first place? Given the long history and presence of Infinite Vortex around here, I figured they would be one of the prefered vendors of choice for us PlanetZers. Not that it helps your situations but for future reference, IV absolutely rocks!

Nestor · Post by **Nestor** » Fri Aug 22, 2003 10:18 am

On 2003-08-22 08:13, Fatboy wrote:
Hello everybody.

Sad that my first post on Planet Z had to be this one. I was the person that mailed huffcw about my purchase of a PowerPulsar. I have tried to mail them a few more times, but no luck. I have also tried to email Creamware about this, but it looks like their mail server is down at the moment. I really am gutted. I paid by credit card, so a receit is not a problem, but I don't know how my chances of getting my money back. Maybe if those that have gotten ripped of files a complaint to the same place together, the chances will increase?

Peace

This is exactly what I'm hoping for...

One more thing, I think that before going on, representing Planet Z, we should have the agreement of John Cooper, we should not just go, I'm going to send him right away a privite message with this link, so he can read about it, to see what he thinks...

I just hope for everybody to move as fast as posible, cos unfortunately, the links avove posted, DO WORK, and there is still the posibility for someone else to be ripped off.

Nestor · Post by **Nestor** » Fri Aug 22, 2003 10:39 am

This is the Computer Music Contact email:

webmaster@futurenet.co.uk <webmaster@futurenet.co.uk>

General purpose contact address for MidiFarm:

midifarm@midifarm.com

This are Sound On Sound Editorial Team:

sos@soundonsound.com

feedback@soundonsound.com

This is the Keyboard Magazine email address:

keyboard@musicplayer.com

Please, add relevant links to this page, so we contribute to the spreading of this important information.

_________________
Music is the most Powerful Language in the world! *INDEED*

[ This Message was edited by: Nestor on 2003-08-22 11:40 ]

John Cooper · Post by **John Cooper** » Fri Aug 22, 2003 4:45 pm

I just tried calling the Divia guy, thinking I could say "Are you aware that this is happening...", and see what his response is. He wasn't there, and I did not leave a message.

It may be worth getting a response from him before publically roasting him. You could also use his response in your letter. On the other hand, it sounds like he's playing shady, and not being responsive to customer inquiries anyway. (I had really hoped to catch him on the phone!)

So anyway, about the letter:

Sam, on first read, your letter sounds a bit mild ("so they claim to have product in stock, and don't -- big deal, many online vendors do that!") But taking money, failing to ship product, and then cutting off communication when the customer requests a refund is extraordinary, and demands attention.

So perhaps you can add some specific language about the unfulfilled orders with payments already processed, product not received and refund requests ignored. Two cases (Huff and Fat) are enough! I would put this right up front where you currently say "a vendor who has claimed to have stocks of ...".

Also, not to be a legal weenie, but it occurs to me if this makes it into print in various magazines, and then is all exposed as some mistake, the divia guy could sue for libel... so I think you should also add some text to indemnify me as planetz site operator, and creamawre gmbh. e.g. "the views expressed herein are those of the planetz community members only and are not intended to represent the views of John S. Cooper (planetz site operator) and Creamware GMBH."

Sorry if this seems excessively careful, but I think it's probably appropriate.

Proceed!
-John

John Cooper · Post by **John Cooper** » Fri Aug 22, 2003 4:50 pm

these were up-to-date as of april (when orbitone released vorb):

webmaster@harmony-central.com
press@soniccontrol.com
admin@sonicstate.com
charlotte.morgan@futurenet.co.uk
pressrel@prorec.com
redaktion@keyboards.de
insider@keys.de

Nestor · Post by **Nestor** » Fri Aug 22, 2003 5:21 pm

That is why I did not want to push anybody to do anything, before having your agreement. I think your point is fair enough, perfectly understandable.

I have to say that your point there, not rosting this guy up, makes me reflect too. By no means I will defend this guy, but it is true that something like that would vanish every positibility to come back in bussiness. He is certainly commiting a serious mistake, and this is punishable, but he perhaps want to go back, get the money back NOW!!!, finishing this... Cos I can see that we all united can be extremely powerful facing a problem. There are people from all areas and from everyware, from every language and nation, so it really is a power we have to be aware of, and I have not till now, thanks to your words John.

I agree 100% with John's point of view, I think it's more than sensible. Just my two cents...

Post by **garyb** » Sat Aug 23, 2003 3:42 am

well it looks bad...maybe his mother is gravely ill....the creditcard company is the first place to hit for sure.some registered letters for more concrete proof of shady behavior(skipped town?!) would be good,too.

i think the buyer protection clause is a good bet and was a good call.......

astroman · Post by **astroman** » Sat Aug 23, 2003 7:20 am

On 2003-08-22 17:45, John Cooper wrote:
...Also, not to be a legal weenie, but it occurs to me if this makes it into print in various magazines, and then is all exposed as some mistake, the divia guy could sue for libel...
...Sorry if this seems excessively careful, but I think it's probably appropriate.

that's an important point, John.
Recently someone tortured by spam got sued by the spammer and even lost the trial

He published the street adress of the person sending the unwanted mails and published it on the web. People 'solidarized' with him and ordered tons of free stuff in the name of the spammer...

hoping all goes well for huffcw and fatboy, Tom

Willybomb · Post by **Willybomb** » Sat Aug 23, 2003 9:54 am

You can't query you credit card? Normally if you query a transaction, they take the money back or someshit straight away..

Nestor · Post by **Nestor** » Sat Aug 23, 2003 3:01 pm

So what do you finally dicede to do? I still think letters are a great way...

I'm a bit lost now, cos I don't see the follow up of it all. What do you want to do so? Aren't we sending your claim?

huffcw · Post by **huffcw** » Sat Aug 23, 2003 10:53 pm

FYI - Divia Digital now has an Ebay auction for a Pulsar II: http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... gory=41784

As you can see from the feedback rating, there is no reason why someone would think this guy might decide to take their money and run. Like I said earlier, I bought a PowerPulsar card from him without any problems. So, I thought I could trust him, but I was definitely wrong.

[ This Message was edited by: huffcw on 2003-08-24 00:06 ]

Nestor · Post by **Nestor** » Sat Aug 23, 2003 11:56 pm

Ok, so what do you want to do? Do we proceed to send those letters, or are you trying first to gather more information? Please, tell us something about that... Whatever you choose to do, I hope you can solve the problem...

Post by **garyb** » Sun Aug 24, 2003 1:43 am

definitely,contact the credit card company NOW.if he's still doing business,they'll TAKE your money back right out of his account.they'll charge HIM.

Fatboy · Post by **Fatboy** » Sun Aug 24, 2003 10:19 am

Hello again!

I agree that we probably shouldn't jump the gun just yet. The problem is that when they don't reply to our emails, we don't know what the status is. I contacted Visa today, and they adviced me to wait a little more before I make a case out of it. The problem is that if this doesn't turn out good then I really want to use the August offer where I get Vinco and Attacker with the PowerPulsar. If I take the chance and just order another one, I might end up with two PowerPulsars plus my Pulsar I which I think is a bit overkill and way over my budget as well (although 34 dsps would be nice

).

[ This Message was edited by: Fatboy on 2003-08-24 11:20 ]

[ This Message was edited by: Fatboy on 2003-08-24 11:20 ]

huffcw · Post by **huffcw** » Mon Aug 25, 2003 3:23 pm

Just another note... I have heard from Creamware on the status of Divia Digital's web site and selling on Ebay. Creamware have issued warnings to Divia to remove all association with Creamware. However, Divia refuses to respond.

interloper · Post by **interloper** » Tue Aug 26, 2003 2:07 am

I'd also suggest contacting EBAY, since Divia does most of their commerce there.

EBAY would pull the plug on the auctions that are from him in a question of minutes.

interloper · Post by **interloper** » Tue Aug 26, 2003 2:15 am

Check this for options...

http://pages.ebay.com/help/index_popup. ... ction.html

huffcw · Post by **huffcw** » Tue Aug 26, 2003 11:10 am

Thanks for the link.

In addition to Ebay, anyone else who is facing this situation may want to file a complaint with the Better Business Bureau (http://www.bbb.org/) or the Internet Fraud Complaint Center, which is run by the FBI (www1.ifccfbi.gov).

interloper · Post by **interloper** » Tue Aug 26, 2003 10:53 pm

Seems there are a couple of unfortunate people bidding on a Pulsar II Plus. I did buy one from Divia in May, but I did receive my shipment (late, that is).

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 41784&rd=1