Complaints

• Initial Complaint

  06/15/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  We were looking for a transfer of our Website 5280Goumet from Magento to Shopify. We reached out to Unleaded , December of 2022, and started talking with them over the phone and via e mail Jan of 2023. We needed a website with the same functionality as we have , and the point that Unleaded is now unable to do without going in tremendous extra cost ( which i warned for in the beginning of the conversations ) and that was not an option. We had lots of e mail and phone conversations and ***** , owner and salesperson had about 2 months to familiarize himself with the old website an how it worked. ***** said he build us that website and the Cost would be about ****** dollars and monthly expenses about $200 ( some apps and shopify fees ) . Now in May he changed his tune and informed me that it would be an additional $ **** for a solution that we are not even sure is going to work. Or an increase to a monthly shopify bill of $2000 plus a 200 dollar a month app, The issue that he said he could build in the original plan was a way to separate our local deliveries from our nationwide shipments in the checkout process. This was a clear bait and switch since now he claims the website is ready ( it does not even have important data transferred about clients and products ) and has no working nationwide shipping options. I have many e mails talking to him January -May. We officially started the project in Feb of 2023 with a Dow payment of $13382.22. We want all of this back. ***** knew exactly that what he proposed was impossible and it has his plan to hold us over a barrel to extort more money from us . We have many ( about 600 ) e mails between us , and many before the Dow payment. *************** "unleaded" has been in business for a long time and was familiar with limitations of the Shopify platform but neglected to inform us. I told him many times during the initial conversations if we were not going to get what we need we would not agree to building the new website.

  Business response

  06/25/2023

  Dear Sirs:
  ********************* has filed a dispute with **************** and the BBB claiming the Goods/Services performed by Unleaded Digital were not as described. He has disputed $13,382.22, a portion of the total contracted amount for his website build.
  Unleaded Digital delivered exactly the website and functionality that ************ contracted to receive.
  ************ signed the contract for services with Unleaded.Digital on February 17, 2023. A copy of the contract is attached. Note that ************ first contacted Unleaded.Digital on Dec. 15, 2022 regarding his desire for a new website claiming that his website suffered myriad problems and was not working in large part. See below highlighted introductory email from ************ to *********************, president and founder of Unleaded.Digital on that date:
  Hey *****, *** has worked with us for about 20 years and as you mentioned the New Magento is too evolved for just one person . Our Relationship has been strained as of late because it and he needs help . Looking froward to your audit.
  So as mentioned , the money maker is ****Gourmet, then ****flowers, but the potential is with ****Market . ***n there is Bitchbouquet and DenverFruitier. Next one on the line would be denverplantpros.  I was flirting with the Idea to make Market a "shopify " website because of Shipping. So you know *** has always done a great job of keeping it going, and we are grateful , but It is too much work for just one person. WOW , yes love both your websites.  Major issues are highly confusing Checkout, Calendar not working properly , Duplicate Charges ( first available refers to dates that are not available for shipping.Lots of extensions are currently not working.
  Looking forward Thanks ****.
  Between December 15, 2022, and February 17, 2023, ************ and ********************* met in person and engaged in just short of 40 telephone conversations and email exchanges to discuss the specific particulars of the website platform functionality (Shopify) and how it would help ************ conduct a more professional online business. ************ then signed the DocuSign contract with Unleaded.Digital to build his website.
  *** contract specified that Unleaded.Digital would build a website using Shopify, an eCommerce platform. *** contract included specific services listed and itemized including a selection of native functionality (functionality included in the Shopify program) plus add-on Shopify Apps, which allow a store owner to add on functionality for a small monthly service fee for the add-on. Unleaded.Digitals President shared minute details of the functionality of each add-on with *********** which he (************) approved prior to signing the contract.
  
  Unleaded.Digital has been building ecommerce websites for customers since ****. We have to our credit some 800 websites during that tenure.
  Unleaded.Digital worked for months on the website for ***********. At several turns, ************ sent insulting outrageous emails to the Unleaded.Digital team, sometimes all, sometimes just **************. Upon receipt of ************ outbreaks, ************** would respond with pleasant and carefully worded explanations to again explain to ************ the functionality that he (************)originally approved for the website build. At one point, ************** stated to his business partners that he sought to make working with ************ a positive learning experience no matter how daunting that was in light of Mr. ********** assaultsconverting ************ from his antagonistic nature into a satisfied client.
  Unleaded.Digital completed the website build for ************ in April. ***n ************ said he wanted to wait until after Mothers Day to launch the siteclaiming he did not want to have any difficulties at launch.
  What is really happening here is that ************ decided not to move forward with this website. It turns out that ************ has been working with another web vendor to build a new Magento website. So while ************ delayed the launch of his COMPLETED website (the site Unleaded completed) so that he could engage someone else to build yet another website on the Magento platform that he, ************, wanted to walk away from when first engaging Unleaded.Digital. Unleaded.Digital learned this when ************ accidentally copied Unleaded.Digital in on an email highlighted below:
  From: **** via **************** <****************************************************************>
  Date: Thu, Jun 15, 2023 at 9:17?AM
  Subject: Re: Re: Follow Up
  To: <*****************************************>
  
  
  This message was sent to the following 5 people: *******************, *****************, Jan, *****************************************, ***********************. Replying to this email will notify them.
  
  Hey Guys
  Sorry it has been a while . We have been "struggling" with the Magento
  platform , and for a while we were looking to migrate to Shopify , but
  that is not going forward. We are close to the new magento where all is
  possible again.
  My question is that we tried to set up reviews to be posted on Gourmet
  FB page and when I tried it did not list that as an option
  LEt me know
  ****
  
  Unleaded.Digital built ************ a great Shopify website that functions exactly as it should and is superior in all facets. We have provided evidence of each contractual line item delivered, per the contract, below in SECTION A of this communication.  It does every single planned line item in the contract flawlessly.
  Please note that Unleaded invested hundreds of hours working on ************ website. And ************ contract specifies that the deposit made for the website build is NON_REFUNDABLE.
  We ask that **************** consider all of these facts,proven facts, established by Unleaded.Digital and refund the $13,382.22 to Unleaded.Digitals bank account forthwith.
  
  Non refundable payment
  Payment #1 of 4 is the payment subject of this dispute in the amount of $13,382.22.  As specifically detailed in the contract, this payment is a non-refundable payment and due prior to the commencement of work.
  This payment is non refundable.
  
  Completion and Additional Payment #2 owed
  *** **** Gourmet site is complete as defined in the contract.  We built a great site that expertly completes each of the planned services. 
  *** contract was organized into 4 planned payments.  *** first payment was a a non-refundable deposit of $13,382.22.  A second payment of $13,382.22 has been due and not paid.
  *** completion of the project is defined as the point in time which **************** and/or project deliverables are ready to be delivered to Client.  Completion under this section is not based on client satisfaction, rather it is based at the point in time which the functionality of a project is deemed free of foreseeable programming and development errors. 
  
  Limitation of liability and Indemnity
  *** limitation of liability is specifically detailed in the mutually executed contract.  *** services and work product of Unleaded.Digital are sold as is.  ***re are no warranties associated with the services or work product of Unleaded.Digitial
  
  Cardholder did not comply with our clearly documented termination policy in the contract
  *** client did not follow the termination guidelines agreed upon in the contract.  *** contract provides two options for termination. 
  *** Termination after commencement of work section in the contract details the termination / cancellation process that was mutually agreed in the contract. Unleaded.Digital is entitled to retain the full amount of the first nonrefundable payment made according to the fee structure.
  Under our contract the terminating party is required to deliver written notice specifying the nature of the material default.  If after 30 days after the notice of default,the default has not been cured, this contract may be terminated.  A programming error or unexpected result stemming from the development of a project does not constitute a material breach under this agreement.

  Customer response

  07/07/2023

   
  Complaint: 20189917
  
  I am rejecting this response because: The response omits a lot of important issues like the numerous phone calls and some mails not shared . Again ***** appears to be a used car salesman , and so by verbally promising me all he could fix via telephone and sharing snippets of conversations. He knew he could not build us what he promised, and took our money anyways . I had told him we Id rather he would tell me ahead that what I needed was not attainable within the said budget , but yet he chose to deceive us and then blackmail us into giving him more money . As another example of his immoral and bad business  tactics was that in the beginning he wanted me to pay faster due to unforeseen extra cost in developing the hierarchy, a total failure that I ended up doing myself, and come to find out he needed money to make is payroll. Several times he told me the website was done with major components not working and not even copied over all produces, texts, inventory status, and a failing checkout and ship / delivery set up . When I finally had enough of all the lies and deceit was when he said in order to get what we talked about the 6 weeks before starting the project he needed additional ( a lot ) more money. So it was either that pay additional money ( and not even being sure we would end up with the website we need ) or accept a USELESS half finished website. Even the final version had numerous flaws and issues. 

  
  *****************

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