ComplaintsforGreat Dane's of the Ozarks

• Initial Complaint

  03/14/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On March 6th, 2024, I selected a specific Blue ***** Great **** puppy from Great Danes of the Ozarks. Over the next 3 days, I paid a $750 deposit and $3250 of the total $4000 for that specific puppy. In addition, I paid a $1500 breeding rights fee to bring the total to $5500. 2 days after my last payment and 3 days before the puppy was supposed to be sent to us, *********************** (owner of Great Danes of Ozarks) informed us that all 14 of his puppies were infected with E-Coli and a few hours later our puppy was lost. While ***** claimed the reasoning was "a bad batch of goat milk" he received, upon doing more research and consulting breeders/vets, the most common cause is unsanitary conditions. Regardless of the reason, once I was informed of my puppy's death, I requested a refund of my $5500. ***** rejected my request, calling it a "callous demand", and sited a ****** form pre-application questionnaire that started the deposit will not be returned. My Legal Team informed me that a ****** form is not a binding contract, and nowhere did it request and require our signature. Furthermore, my lawyers highlighted that ***** as the supplier did not provide the product (the puppy) that I specifically selected and the puppy died in his possession without me ever evening receiving it. With that being said, I still offered to forgo the $750 deposit for the 5 days ***** spent taking care of the puppy since the time we reserved him and only requested the remaining $4250. After that request, ***** said he would take the matter to court and his lawyer would continue all communications. As I stated to *****, I was trying to avoid Legal action, but given his responses, a legal lawsuit was the only option. However, as I requested his lawyer's information, ***** blocked me and is still holding onto my payment. Not only are my family and I devastated in losing the puppy that we spent months looking for, but have had our money stolen that could have been used for a future puppy.

  Business response

  03/15/2024

  To whom it may concern, I am writing in response to fabricated dialog included in the complaint above. Client was made aware and agreed in writing in contract that all monies payed are non refundable. If anything were to happen to the pup they chose another from the same bloodline would be provided. The absolute nonsense in regards the his comment about unsanitary conditions isnt going to even be acknowledged as its a complete fabrication and attempt to place blame where there is none.
  

  The client admits (even in this complaint) he agreed to our terms and now is trying to back out on his agreement by claiming the document he signed and agreed to isnt legal and binding. We told him we would be more than happy to test his theory in court.
  

  We would have loved to discuss options with him, however once he started throwing around comments in regard to his legal team and making passive aggressive threats our attorney advised us to suggest his team use the proper legal channels to pursue this matter appropriately and cease communication. This is a matter plain and simple that he changed his mind, made demands of us, and is now throwing a tantrum because we are sticking to the policy we all agreed to from the beginning. 
  

   

  Customer response

  03/18/2024

  Complaint: 21435366
  
  I am rejecting this response because: 

  I find the response from the Great Danes of the Ozarks unacceptable - it is misleading, untrue, factually incorrect and violates my consumer rights.  
  
  I did not simply change my mind. My girlfriend and I wanted and paid for a specific puppy. Unfortunately, the puppy died in the care of the Great Danes, and so we will never see our or hug our puppy. I only requested the refund after learning that our puppy has died.
  
  In regards to the passive aggressive threats, my messages contain no hostility and are simply requesting the refund that I am entitled to. The business initiated the threat of legal action and, as evident by the text message screenshots, and did not provide his lawyers contact details, but instead blocked all communication.
  
  The business is refusing to return my payment to me and is threatening legal action. They defer to a ****** form on their website, which is not an binding or enforceable contract. The terms and conditions of the site and the payment terms do not state that the payment is not refundable, which is the legal requirement for such. Additionally, while the business continues to reiterate the terms of the not admissible form, Great Danes of the Ozarks has changed the verbiage of the last question in their form since the initial compliant was filed (see the attached supporting documentation). This clearly indicates that even they found fault in their own terms and only subsequently corrected the language in change of the website.
  
  The business' website states that they "guarantee a healthy puppy." That guarantee has been breached in regards to our puppy, and yet the business continues to withhold refunding our payment.
  
  Animals, and puppies in specific, are not 1:1 to replacements given their characteristics and what is required/appeals to the consumer. This is evident in the varying pricing of the puppies listed on the Great Danes of the Ozarks website and my own experience of passing on numerous puppies over the past 6 months of searching. We selected a very specific puppy, and we fell in love with it. Now that our puppy has died, it cannot be replaced. Since we will not receive the specific puppy we paid for (through no fault of ours) - my payment should be refunded.
  
  Sincerely,
  
  ***********************

  Business response

  03/19/2024

  We have not threatened legal action as we dont need to, we have a contract in place which is very clear to what our terms are.

  Contrary to their claims this client and his girlfriend/fianc have both been extremely passive aggressive. We have screen shot proof from as early as yesterday where they insinuated we were fabricating a story on our social media account. This type of childish behavior is below us and will serve us well to reflect the clients character if they do feel our contract is not legal and want to pursue this further.

  We will send the BBB a copy of our contract and are prepared to take this matter before a judge to prove in fact that our contract is legal. 
  

  Thank you 

  Customer response

  03/28/2024

  Complaint: 21435366
  
  I am rejecting this response because:
  

  To BBB and Great Danes of the Ozarks,
  
  The business has not addressed the material concerns weve expressed previously and instead continues to act aggressively and baselessly criticizes our character. At no point in our communications have we been rude or made any accusations aimed at the Business. The social media story referenced was a single statement stating that our puppy supposedly died of E-Coli, of which we have never received any evidence or supporting documentation from a veterinarian or animal hospital.
  
  We have and continue to express our desire to reach an amicable resolution to this matter. In the interest of reaching a mutual resolution, we have agreed to forgo the deposit and only request the return of the remaining $3,250 paid for the puppy and the $1,500 paid in advance for the breeding rights of that specific puppy.
  
  We have provided extensive evidence supporting our position, including documentation of the ****** Form that the Business retroactively changed to support its position. Additionally, we note that with respect to this form, the initial email sent by the Business to us refers to the form as an "application" not a contract (see attached) and this form contains no language indicating that it was a binding legal document.  
  
  Again, we continue to hope that we can reach an agreement to this matter, as shown in the attempts to do so in the text message exchange submitted previously. Unfortunately, despite our efforts, the business directed us to talk to their lawyer almost immediately and blocked communications without providing us the name or contact of their lawyer (which was previously requested).
  
  If we receive the refund as requested, we will drop this claim and will not pursue any additional actions. If not, we will honor the Businesss request to move this matter to Legal. 
  
  Sincerely,
  
  ***********************

• Initial Complaint

  03/27/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I purchased a 15-month-old dog from this breeder. He advertised her as house trained, crate trained, and beginning of obedience trained. This dog is very anxious. She has destroyed two crates; she cannot be crated at all. She is very sweet but cannot be contained in any way. I tried to put her in a room with bedding and food and water. She broke through the gates, and scratched up walls to get out. She will not go potty outside unless I take her. I have had two dog sitters to stay here when I work my three 12 hour night shifts as a nurse to help my son let her out. She will go out for my son, but he is twelve so he has to sleep for school. She will not go out for the dog sitter. The dog has accidents everywhere, and although that is annoying, that isn't really the issue. It's that I cannot safely secure her anywhere in my home. Now she is in heat, and my other dog has to be crated 100 percent of the time. I took her to my vet after two weeks of issues, because the breeder said she just needed time to adjust. When I did finally take her, she growled at him because she is so scared. He told me this dog was not a good family dog. The precursor to biting is growling per my veterinarian. When I tried to reach out to the breeder, he stated my vet was an idiot if he was considering medicine for her anxiety and that older pups need 3-4 months of adjustment. It is now 3 months in, and she cannot go out for anyone but me or my son, I've been through two crates, two dog sitters, and she has ripped apart a couch and a love seat in my absence when I have gone to work. She continues to growl at children and men, some women, but I know she is scared. I hate to give her back to this man who seems like a big jerk, but I don't know that I as a single mom, and a person who needs to go to work three nights a week, if I can find a resolution for this dog. The contract he gives says they can always be returned. I have spent 1500 on the dog, 500 in dog sitting, and 300 in crates.

  Business response

  03/27/2023

  To whom it may concern, 

   

  We attempted to speak with this client to help assist in the transition of her dog and were met with passive aggressive language and name calling as you can see in her initial complaint where she calls me a “big jerk”. 
  

  This is a return client who has purchased another pup from us previously with no complaints. We explained that all adults transition differently and she would need plenty of time to decompress and settle in. The client’s vet wanted to put the dog on anxiety medication which is not anything ANY reputable veterinarian would do so soon after transition. When we tried to suggest ways to help ease transition we were only met with accusations and more name calling. 
  

  Our purchase contract is very clear, it states that we do not offer refunds. This is a non-negotiable part of the contract that the client agreed to, signed and initialed her understanding of the terms. We do however ALWAYS accept dogs back if the transition isn’t working and will be more then happy to find a more suitable home. We don’t waiver from the terms of the purchase contract. 
  

  However, despite prior behavior we would be more than happy to consider a possible trade for a puppy instead of the adult she took as long as there is an understanding that moving forward we will demand mutual respect in communication. 
  

  Thank you, 

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