To ALL the 6 respondents who made reference(above) to the terms of the contract and the wisdom of reading and understanding them:
I invite you
1.Please DO READ the deposit policy which Ms. Demello has published on her website and which is still there as of this date(10/10/11).
http://www.jandemellobordercollie.com/Puppy_purchase_info.html. Under the heading of"Deposit Policy", you will find the words"All Deposits are NON-REFUNDABLE with very few exceptions such as not enough puppies in a particular litter, etc." This educated person DID read those (Jan Demello's) words. They aren't so very hard to understand and they do describe a different concept of NON-refundable, don't they? So when does non-refundable become refundable? Let's get that clear first!
2.Ms. Demello seems rather vague about the email exchanges which occurred. She alleges a number of exchanges which did not take place or were not received. In particular she does not recall that when I initially asked her via email about a puppy, she specified she'd accept my deposit if I was "willing to accept a puppy from the summer litters." I retain this email because it is crucial to my complaint. A summer pup suited me, at any rate. At the time, I presumed she thought she might have a real bumper crop of pups, and wanted to assure herself that supply and demand would be equalized.
3. I sent $300, in good faith (not having a written contract), and I say good faith because I purchased a Hob Nob dog 3 years ago and currently enjoy this dog in competitive agility. I did have faith in Ms. Demello.
4. When it was clear there was no pup for me, I looked at the summer drawing to a close, and sought out a pup from another breeder (Sept.4, 2011). This is clearly what provoked Ms. Demello .
5. Despite the grand show on her blog--http://hobnobbordercollies.blogspot.com/--of "Paying It Forward"(an expression which she has surely twisted out of its original meaning), the breeder truly must be hard pressed to justify why she must punish me by gobbling that deposit. How have I caused her to lose $300? How have I inconvenienced her to the extent of $300? What damages has she sustained to the extent of $300?
6. Consumers who are newly considering applying for a Hob Nob pup, OR, evidently, even current Hob Nob owners, should be aware of this contract dispute and review their own situations carefully!