traderforliving
Private
- Messages
- 13
Original FPA Traders Court Submission:
I am submitting the case against: www.fantasydreamteam.com/ea.html
My Case is: I have bought the EA "Two Percent Daily" offered from the website www.fantasydreamteam.com/ea.html. The vendor offered me a money back guarantee if I'm not happy with the results. I asked for a discount and he agree. I asked him, if also with the discount the money back gurantee is stil available and he told me "No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-) Your link: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY“.
After the backtests and live forward tests I see that the results are not the same like claimed from the vendor. He send me new settings or new versions but all this don't make the EA even better and continue to loose... The vendor told me always that I can aks a guarantee if I'm not happy.
After I asked for a refund he deny it, because the terms on his website what I never seen before and told me this is the only thing what count. If you use a discount link the vendor deny any refunds. The only thing was moved to make the purchase was the promise from the vendor, that he offer me the money back guarante also with a discount. It's obvious that the vendor mislead me.
Also I did some more research, and he has just taken the code from funyoo EA and modified it slightly. In such a case, then a “no-refund policy” does not apply to Fraudulent transactions. If I sell you my neighbor’s automobile, with a “no refund” policy, then I can be sued in court for selling something that wasn’t truly mine (even though there may have been a no-refund policy). Also, if there is fraud, in the marketing of the product, then those statements may be considered by an independent court, when deciding on granting a refund.
A no-refund policy does not include a “defective” product (unless the words’ “AS IS” is also included). Clearly, this purchase was not “as is”, and in fact the EA’s performance came with a warranty, and the “name” of the EA suggested what a buyer should expect in profits.
Furthermore, there is the legal term “implied merchantability” of a product, where, a warranty may be “assumed” by the buyer even if not in writing. See http://en.wikipedia.org/wiki/Implied_warranty for more examples and details.
On the other hand, a no-refund policy “would” apply, for example, if I sell you my computer, which you intend to give to your sister for a birthday gift, and she doesn’t like it, or doesn’t want it. THEN, you would not be entitled to a refund, based on ONLY that excuse. However, even in that situation, there may be “other” implied warranties, mentioned above, for example, if the computer was stolen property,etc.
My point is that a contract can be overturned by a court for multiple reasons, depending on the laws of the state or country that you live in. If the terms of a contract are illegal (or non-enforceable) in the State you live in, then they are not enforceable, and subject to other remedies. Contracts are overturned all the time, for example, on the grounds of unconscionability (see http://en.wikipedia.org/wiki/Unconscionability for a better explanation).
I ask now for a full refund of 400 USD. I hope you can help me to receive it.
New thread in the Scam Alerts Folder:
Review is submitted by traderforliving on 02/19/11
The company was first contacted about the issue on 12/10/10 the last contact was on 02/19/11
Details: Von: Richard Swaby [mailto:rich*****]
Gesendet: Freitag, 10. Dezember 2010 21:18
Betreff: Two Percent Daily EA Discount Offer
Hi Nino,
I have been considering your offer and I am happy to tell you that I will take you up on it.
Here is your exclusive payment link with 20% discount: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY
Best Regards,
Rich.
www.fantasydreamteam.com/ea.html
To: rich*****
Subject: AW: Two Percent Daily EA Discount Offer
Date: Fri, 10 Dec 2010 21:45:18 +0100
Hi
Thank you very much!!!
Is the guarantee of 60 days still available ?
Thanks,
Nino
Von: Richard Swaby [mailto:rich*****]
Gesendet: Freitag, 10. Dezember 2010 21:48
Betreff: RE: AW: Two Percent Daily EA Discount Offer
Hi Nino,
No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-)
Your link: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY
Best Regards,
Rich.
www.fantasydreamteam.com/ea.html
________________________________________
Von: Richard Swaby [mailto:rich*****]
Gesendet: Freitag, 18. Februar 2011 13:59
Betreff: RE: AW: AW: Two Percent Daily EA / Refund request
Hello Nino,
Do you understand the terms that you agreed to when you made your purchase? Do you understand that those terms clearly state that the agreement between us when you purchased does not cover a refund when the EA was bought through a discount link. I have the terms on my site for a reason, and unfortunatly you bought through a discount link so therefore are not entitled to a refund. That is what terms are for, and it is the same if you book a flight or buy something that is on sale (discount) and the terms where you buy it from state that there is no refund for sale items. You cannot ignore the terms I am afraid, they are part of the contract and I am 100% entitled to refer you to them, you should have read them before purchasing and you may not have purchased then because you would have known that your discounted purchase would not be covered if you wanted a refund.
From here you still have the EA and I am not stopping you from using it. Just look at the statement that I sent you and maybe you will see it will be worth running it longer.
Regards,
Rich.
________________________________________
To: rich*****
Subject: AW: AW: Two Percent Daily EA / Refund request
Date: Fri, 18 Feb 2011 13:48:50 +0100
Hi Rich
Thank you very much for your offer but I prefer to receive my money back. Please refund me like you promised 400 USD.
Is this EA « Forex Luger » you want offer me for free? Because I have allready purchased this EA in the past from you for about 150 USD ;-)
Please send me the refund to my Paypal account : xxxx
Thanks,
Nino
Von: Richard Swaby [mailto:rich******]
Gesendet: Freitag, 18. Februar 2011 11:53
Betreff: RE: AW: Two Percent Daily EA / Refund request
Hello Nino,
Please find attached graphs of the EA I am offering you ($500) for free. I believe you will prefer this type of trading as it is during quieter market times and has been profitable over a 10 year period. Let me know, I am ready to send it over.
Regards,
Rich.
________________________________________
Date: Fri, 18 Feb 2011 10:35:54 +0100
Subject: Re: AW: Two Percent Daily EA / Refund request
To: rich*****
Hi Rich
I have send you allready all this informations. You have to read the full e-mail ;-)
Please don't search excuses for not refund me. Otherwise I will opne a new claim through FPA.
Thanks,
Nino2011/2/18 Richard Swaby <rich*****>
Hi Nino,
Can you please send me the email where I mentioned that I will make an exception for you even though you were buying with discount? I would like to refund you, but my policy is no refunds if it was bought with discount and is clearly stated in the terms of the contract.
As a compensation, I can offer you another EA that is very profitable and trades during the asian session. It has made consistent profit since 2001 and is worth $500. This EA may suite your trading personality more. Would you like me to send you further details for that EA and a download link?
Also could I see your trading statement please to see why the EA did not perform for you as I could use it to improve the EA even more.
Rich.
Sent from my BlackBerry® wireless device
-----Original Message-----
Date: Thu, 17 Feb 2011 23:25:42
To: <rich******>
Subject: AW: Two Percent Daily EA / Refund request
Hi Rich
I have tried so many versions of this EA and all was not profitable in the long run. I'm now tired to try again a new version and see how he will loose money again. And also you have allready agree to refund me (read correspondence bellow).
So please refund me as soon as possible. I have paid 400 USD. At the beginning of my purchase I ask you for a money back guarantee and you have agree also with the discount price.
My Paypal address :
Thanks,
Nino
Von: Richard Swaby [mailto:rich*****]
Gesendet: Montag, 17. Januar 2011 09:19
Betreff: RE: AW: Two Percent Daily EA / Forward Test
Hi Nino,
Sure, no problem. The multiple pair test is just an experiment, and you should run the EA on a seperate GBPUSD account independantly.
Best Regards,
Rich.
www.fantasydreamteam.com/ea.html
----------------
To: rich******
Subject: AW: Two Percent Daily EA / Forward Test
Date: Mon, 17 Jan 2011 07:38:21 +0100
Hi Rich
Since this is a new version, will you reset the refund time to 60 days again ?
Thanks,
Nino
Von: Richard Swaby [mailto:rich******]
Gesendet: Samstag, 5. Februar 2011 12:19
Betreff: RE: Two Percent Daily EA / Refund request
Hi Nino,
I understand your request for a refund. You will have to wait until Feb 25th however, as my PayPal account has been limited until then due to one complaint. Sorry for the inconvenience and I hope you can understand the situation and I kindly ask that you have some patience with me. The PayPal limitation has been a very stressful experience and I cannot do anything but wait until it is removed.
Regards,
Rich.
----------------
Von: Richard Swaby [mailto:rich*******]
Gesendet: Samstag, 5. Februar 2011 12:19
Betreff: RE: Two Percent Daily EA / Refund request
Hi Nino,
I understand your request for a refund. You will have to wait until Feb 25th however, as my PayPal account has been limited until then due to one complaint. Sorry for the inconvenience and I hope you can understand the situation and I kindly ask that you have some patience with me. The PayPal limitation has been a very stressful experience and I cannot do anything but wait until it is removed.
Regards,
Rich.
________________________________________
To: rich******
Subject: Two Percent Daily EA / Refund request
Date: Sat, 5 Feb 2011 01:08:59 +0100
Hi Rich
Unfortunately I’m not happy with the performance of the new version of your EA „Two Percent Daily EA v5“ too. I don’t have a drawdown in my account but the performance is not so good like you advertised at your website. I think for 400 USD I can expect much more better results. A few EA’s for only 99 USD works even better for me.
Here the weak results from 2 weeks live trading:
http://www.mt4i.com/users/megainvest2
I wish to have my money refunded as per the agreement stated on your webpage. Everything has been adhered to. I am only holding you to your stated guarantee upon which I purchased your EA. I expect to receive a refund having met all the terms for your refund.
So please send me the refund (400 USD) to my Paypal address : xxxxx
Many thanks in advance.
Gesendet: Samstag, 19. Februar 2011 22:17
An: 'Richard Swaby'
Betreff: AW: AW: Two Percent Daily EA / Refund request
Hi Richard
Of course is this a real proof. You have sent me the discount link. I asked you if I use the discount link, the guarantee is still available. And your answer was : „ No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-) Your link: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY“
Every intelligent person in this planet understand that you offered me the guarantee of 60 days with the discount link too. And this is the only thing was count and not what in the terms you wrote. You can ask also your advocate and he will tell you exactly the same. So please don’t insult my intelligence now. Otherwise I have never bought this EA for 400 USD if you don’t offer me any guarantee also not for 400 USD. Your guarantee was the only thing that have moved me to buy your EA. My intention was to keep this EA if the performance are the same like you claimed at your website. But the backtests and the forward live trading don’t matched with your claims. So I asked now for a refund because the EA you have advertised and the EA you sold me was not the same.
If you are a honest man, so you had to communicate it before I make the payment. So if you have told me, « ok, nino , I offer you a discount, but without refund guarantee », this was was the correctly manner how to treat customers. So I could decide if I accept or not. But this was unfortunately not the case. Instead you mislead your customers if you told « No problem! Yes the 60 day guarantee is still available…, your discount link…..» only to sell your EA.
Also in other occasions you still told me that the gurantee is still available until the moment when I asked really for a refund.
Ok, Richard, if you insist that you are in right, although your own advocate will tell you that this is not the case, I will open a new claim and we will see what’s happen.
Thanks,
Nino
Company representatives' emails: <rich******>
I am submitting the case against: www.fantasydreamteam.com/ea.html
My Case is: I have bought the EA "Two Percent Daily" offered from the website www.fantasydreamteam.com/ea.html. The vendor offered me a money back guarantee if I'm not happy with the results. I asked for a discount and he agree. I asked him, if also with the discount the money back gurantee is stil available and he told me "No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-) Your link: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY“.
After the backtests and live forward tests I see that the results are not the same like claimed from the vendor. He send me new settings or new versions but all this don't make the EA even better and continue to loose... The vendor told me always that I can aks a guarantee if I'm not happy.
After I asked for a refund he deny it, because the terms on his website what I never seen before and told me this is the only thing what count. If you use a discount link the vendor deny any refunds. The only thing was moved to make the purchase was the promise from the vendor, that he offer me the money back guarante also with a discount. It's obvious that the vendor mislead me.
Also I did some more research, and he has just taken the code from funyoo EA and modified it slightly. In such a case, then a “no-refund policy” does not apply to Fraudulent transactions. If I sell you my neighbor’s automobile, with a “no refund” policy, then I can be sued in court for selling something that wasn’t truly mine (even though there may have been a no-refund policy). Also, if there is fraud, in the marketing of the product, then those statements may be considered by an independent court, when deciding on granting a refund.
A no-refund policy does not include a “defective” product (unless the words’ “AS IS” is also included). Clearly, this purchase was not “as is”, and in fact the EA’s performance came with a warranty, and the “name” of the EA suggested what a buyer should expect in profits.
Furthermore, there is the legal term “implied merchantability” of a product, where, a warranty may be “assumed” by the buyer even if not in writing. See http://en.wikipedia.org/wiki/Implied_warranty for more examples and details.
On the other hand, a no-refund policy “would” apply, for example, if I sell you my computer, which you intend to give to your sister for a birthday gift, and she doesn’t like it, or doesn’t want it. THEN, you would not be entitled to a refund, based on ONLY that excuse. However, even in that situation, there may be “other” implied warranties, mentioned above, for example, if the computer was stolen property,etc.
My point is that a contract can be overturned by a court for multiple reasons, depending on the laws of the state or country that you live in. If the terms of a contract are illegal (or non-enforceable) in the State you live in, then they are not enforceable, and subject to other remedies. Contracts are overturned all the time, for example, on the grounds of unconscionability (see http://en.wikipedia.org/wiki/Unconscionability for a better explanation).
I ask now for a full refund of 400 USD. I hope you can help me to receive it.
New thread in the Scam Alerts Folder:
Review is submitted by traderforliving on 02/19/11
The company was first contacted about the issue on 12/10/10 the last contact was on 02/19/11
Details: Von: Richard Swaby [mailto:rich*****]
Gesendet: Freitag, 10. Dezember 2010 21:18
Betreff: Two Percent Daily EA Discount Offer
Hi Nino,
I have been considering your offer and I am happy to tell you that I will take you up on it.
Here is your exclusive payment link with 20% discount: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY
Best Regards,
Rich.
www.fantasydreamteam.com/ea.html
To: rich*****
Subject: AW: Two Percent Daily EA Discount Offer
Date: Fri, 10 Dec 2010 21:45:18 +0100
Hi
Thank you very much!!!
Is the guarantee of 60 days still available ?
Thanks,
Nino
Von: Richard Swaby [mailto:rich*****]
Gesendet: Freitag, 10. Dezember 2010 21:48
Betreff: RE: AW: Two Percent Daily EA Discount Offer
Hi Nino,
No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-)
Your link: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY
Best Regards,
Rich.
www.fantasydreamteam.com/ea.html
________________________________________
Von: Richard Swaby [mailto:rich*****]
Gesendet: Freitag, 18. Februar 2011 13:59
Betreff: RE: AW: AW: Two Percent Daily EA / Refund request
Hello Nino,
Do you understand the terms that you agreed to when you made your purchase? Do you understand that those terms clearly state that the agreement between us when you purchased does not cover a refund when the EA was bought through a discount link. I have the terms on my site for a reason, and unfortunatly you bought through a discount link so therefore are not entitled to a refund. That is what terms are for, and it is the same if you book a flight or buy something that is on sale (discount) and the terms where you buy it from state that there is no refund for sale items. You cannot ignore the terms I am afraid, they are part of the contract and I am 100% entitled to refer you to them, you should have read them before purchasing and you may not have purchased then because you would have known that your discounted purchase would not be covered if you wanted a refund.
From here you still have the EA and I am not stopping you from using it. Just look at the statement that I sent you and maybe you will see it will be worth running it longer.
Regards,
Rich.
________________________________________
To: rich*****
Subject: AW: AW: Two Percent Daily EA / Refund request
Date: Fri, 18 Feb 2011 13:48:50 +0100
Hi Rich
Thank you very much for your offer but I prefer to receive my money back. Please refund me like you promised 400 USD.
Is this EA « Forex Luger » you want offer me for free? Because I have allready purchased this EA in the past from you for about 150 USD ;-)
Please send me the refund to my Paypal account : xxxx
Thanks,
Nino
Von: Richard Swaby [mailto:rich******]
Gesendet: Freitag, 18. Februar 2011 11:53
Betreff: RE: AW: Two Percent Daily EA / Refund request
Hello Nino,
Please find attached graphs of the EA I am offering you ($500) for free. I believe you will prefer this type of trading as it is during quieter market times and has been profitable over a 10 year period. Let me know, I am ready to send it over.
Regards,
Rich.
________________________________________
Date: Fri, 18 Feb 2011 10:35:54 +0100
Subject: Re: AW: Two Percent Daily EA / Refund request
To: rich*****
Hi Rich
I have send you allready all this informations. You have to read the full e-mail ;-)
Please don't search excuses for not refund me. Otherwise I will opne a new claim through FPA.
Thanks,
Nino2011/2/18 Richard Swaby <rich*****>
Hi Nino,
Can you please send me the email where I mentioned that I will make an exception for you even though you were buying with discount? I would like to refund you, but my policy is no refunds if it was bought with discount and is clearly stated in the terms of the contract.
As a compensation, I can offer you another EA that is very profitable and trades during the asian session. It has made consistent profit since 2001 and is worth $500. This EA may suite your trading personality more. Would you like me to send you further details for that EA and a download link?
Also could I see your trading statement please to see why the EA did not perform for you as I could use it to improve the EA even more.
Rich.
Sent from my BlackBerry® wireless device
-----Original Message-----
Date: Thu, 17 Feb 2011 23:25:42
To: <rich******>
Subject: AW: Two Percent Daily EA / Refund request
Hi Rich
I have tried so many versions of this EA and all was not profitable in the long run. I'm now tired to try again a new version and see how he will loose money again. And also you have allready agree to refund me (read correspondence bellow).
So please refund me as soon as possible. I have paid 400 USD. At the beginning of my purchase I ask you for a money back guarantee and you have agree also with the discount price.
My Paypal address :
Thanks,
Nino
Von: Richard Swaby [mailto:rich*****]
Gesendet: Montag, 17. Januar 2011 09:19
Betreff: RE: AW: Two Percent Daily EA / Forward Test
Hi Nino,
Sure, no problem. The multiple pair test is just an experiment, and you should run the EA on a seperate GBPUSD account independantly.
Best Regards,
Rich.
www.fantasydreamteam.com/ea.html
----------------
To: rich******
Subject: AW: Two Percent Daily EA / Forward Test
Date: Mon, 17 Jan 2011 07:38:21 +0100
Hi Rich
Since this is a new version, will you reset the refund time to 60 days again ?
Thanks,
Nino
Von: Richard Swaby [mailto:rich******]
Gesendet: Samstag, 5. Februar 2011 12:19
Betreff: RE: Two Percent Daily EA / Refund request
Hi Nino,
I understand your request for a refund. You will have to wait until Feb 25th however, as my PayPal account has been limited until then due to one complaint. Sorry for the inconvenience and I hope you can understand the situation and I kindly ask that you have some patience with me. The PayPal limitation has been a very stressful experience and I cannot do anything but wait until it is removed.
Regards,
Rich.
----------------
Von: Richard Swaby [mailto:rich*******]
Gesendet: Samstag, 5. Februar 2011 12:19
Betreff: RE: Two Percent Daily EA / Refund request
Hi Nino,
I understand your request for a refund. You will have to wait until Feb 25th however, as my PayPal account has been limited until then due to one complaint. Sorry for the inconvenience and I hope you can understand the situation and I kindly ask that you have some patience with me. The PayPal limitation has been a very stressful experience and I cannot do anything but wait until it is removed.
Regards,
Rich.
________________________________________
To: rich******
Subject: Two Percent Daily EA / Refund request
Date: Sat, 5 Feb 2011 01:08:59 +0100
Hi Rich
Unfortunately I’m not happy with the performance of the new version of your EA „Two Percent Daily EA v5“ too. I don’t have a drawdown in my account but the performance is not so good like you advertised at your website. I think for 400 USD I can expect much more better results. A few EA’s for only 99 USD works even better for me.
Here the weak results from 2 weeks live trading:
http://www.mt4i.com/users/megainvest2
I wish to have my money refunded as per the agreement stated on your webpage. Everything has been adhered to. I am only holding you to your stated guarantee upon which I purchased your EA. I expect to receive a refund having met all the terms for your refund.
So please send me the refund (400 USD) to my Paypal address : xxxxx
Many thanks in advance.
Gesendet: Samstag, 19. Februar 2011 22:17
An: 'Richard Swaby'
Betreff: AW: AW: Two Percent Daily EA / Refund request
Hi Richard
Of course is this a real proof. You have sent me the discount link. I asked you if I use the discount link, the guarantee is still available. And your answer was : „ No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-) Your link: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=JF6YJTL9BHTEY“
Every intelligent person in this planet understand that you offered me the guarantee of 60 days with the discount link too. And this is the only thing was count and not what in the terms you wrote. You can ask also your advocate and he will tell you exactly the same. So please don’t insult my intelligence now. Otherwise I have never bought this EA for 400 USD if you don’t offer me any guarantee also not for 400 USD. Your guarantee was the only thing that have moved me to buy your EA. My intention was to keep this EA if the performance are the same like you claimed at your website. But the backtests and the forward live trading don’t matched with your claims. So I asked now for a refund because the EA you have advertised and the EA you sold me was not the same.
If you are a honest man, so you had to communicate it before I make the payment. So if you have told me, « ok, nino , I offer you a discount, but without refund guarantee », this was was the correctly manner how to treat customers. So I could decide if I accept or not. But this was unfortunately not the case. Instead you mislead your customers if you told « No problem! Yes the 60 day guarantee is still available…, your discount link…..» only to sell your EA.
Also in other occasions you still told me that the gurantee is still available until the moment when I asked really for a refund.
Ok, Richard, if you insist that you are in right, although your own advocate will tell you that this is not the case, I will open a new claim and we will see what’s happen.
Thanks,
Nino
Company representatives' emails: <rich******>