Again, we are really trying to be patient.
Although you reside in Australia, we have attempted to communicate professionally with you.
You state in your complaint that we “offered to take on my product with no expense to me”. If that was the case then why would you consider paying and then pay a contract service fee for us to conduct a patent search and competitive product search for you if we said there was no expenses for you? Also, you received a disclosure statement when you submitted your idea that informed you in writing that we charge fees for our services and what those fees were.
You also stated, “Yet next call congratulated me for an upcoming sale to an interested buyer.” It’s hard to even figure how you could possibly gain this impression. No such call was ever made but, even more important, how could our staff possibly have any manufacturer interested in your product idea when it wasn’t even developed into anything more than an idea you had described? All you submitted to us was an idea for a product. You do recall that don’t you?
Furthermore, the first section of the service agreement states “Davison will not communicate with any Licensee concerning details of Client’s product nor may such communication be required, until Client and Davison agree upon the final design of the product.” There was no design, there was no discussion.
Mrs. Kenzig, you don’t even have a finished product to a manufacturer and we didn’t provide a name for a possible buyer prior to you purchasing the services so why are you claiming we already had in interested buyer?
Your description of our company and the events that you claim took place are untruthful and actionable under defamation and slander laws. You’re probably wondering why we are so absolute in the previous sentence. Besides the above examples of inaccuracies on you part, here’s why.
1. You need to recall that our policy is to record all phone call conversations. Let me repeat that, we record all phone conversations.
2. Our phone system and computer system are linked - providing a very good record of our customer service quality.
3. In addition to our phone recordings and computer records, you signed an Affirmative Disclosure Notice - disclosing the risks of inventing.
4. You received an American Inventors Protection Act disclosure - which included risk disclosures and an outline of all services and fees we charge for those services.
5. You received written agreements that outline the services and discuss further service offerings and how there are additional fees associated with those services. You were and are under NO OBLIGATION to purchase those services. However, if you wanted us to represent your invention to manufacturers you needed to provide a prototype and retail packaging for our team to use.
You have chosen not to respond to numerous emails or phone messages asking you to contact us so we could get to the bottom of this. You continually attempt to frame yourself as some type of victim. We truly want to settle this matter with you because you don’t seem to grasp fact from fiction. We even had our legal counsel contact you via email to resolve this matter.
It’s astonishing how our attorney offered you a complete refund and you chose not to accept it and now you continue to blog misrepresentations.
In addition to the above inaccuracies you assert in your complaint, you claim that we did not offer you a refund. You must think that companies don’t track correspondences and keep accurate records. Let me assure you – we do. Our attorney made a very good faith refund offer to reasonably resolve this issue prior to this online complaint. Here is a portion of his email to you dated February 28th 2011. . . “I am legal counsel to Davison Design and Development, Inc. Your request for a refund has been forwarded to me for resolution. While the company does not agree with your claims, I am authorized to resolve this matter as quickly as we can agree on the terms” . . . “After you sign and return the agreement the refund will be immediately processed.”
You definitely received his email because you responded to his email on February 24th 2011 stating that you want a refund, can’t feed your children, need fuel for your car, and so forth. This is bafflingly to us. We offered to return your money, which you now claim you could not afford to spend in the first place, but you turned it down because we asked you to remove your slanderous comments prior to receiving a refund. You could have removed those comments on blogs in less than an hour and your VISA account would have been credited the entire amount you spent.
Come to think of it, our attorney didn’t even ask that you return the patent search and competitive product search data. You have been offered a complete refund while keeping the work we provided.
Please consider your actions, our offer and your situation.
If you accept a refund then everyone can simply go their separate ways. You remove blogs and we end this relationship by refunding you the entire amount you paid while you are keeping the work you originally paid for. We simply want to go our separate way.
On another issue—please be advised that Complaintsboard.com and many other “gripe-sites” do not offer a corporate advocacy or mediation program to help companies and consumers resolve customer care issues. Complaintsboard.com’s site is registered in a foreign country, they don’t verify if the complaint is legitimate or from an actual consumer or user of a service, competitors can post false and defamatory information, they don’t disclose who actually owns and manages their site and their primary concern is getting advertising revenues from those who pay to run ads on their site. So, you should probably do some research on “gripe-sites” and what they are all about before you further place yourself in legal jeopardy. Here’s a link for you to learn a little about these gripe-sites and what gets posted on them: http://www.youtube.com/watch?v=LUFDeDrbNyw
For over 22 years, we have helped people prepare and present their ideas to corporations and manufacturers to see if they would be willing to license the product ideas. Our exclusive idea to product method is responsible for more products on the store shelves than any other competitor in this industry.
Quick facts about our company and our process:
• We are based in Pittsburgh, PA and work with clients from around the world.
• We have been in business since 1989.
• Our company’s products have been sold by over 700 stores & online retailers.
• Our staff designs products for both individuals and corporate clients.
• We have over 250 staff members.
• Our staff has won numerous design awards for innovative product designs.
• We are a member of the Online Business Bureau.
• Our services include research, prototype development, and packaging design.
Please understand that companies are taking legal action against bloggers that defame their reputations and staff members. We are simply asking that you remove your comments, accept a refund and, if you would like, contact us so we can have a meaningful dialog about how or if we can help. Please call or feel free to email us at firstname.lastname@example.org or use the email address of our attorney, which you have, and he will speed up the process to get you your refund.