traderforliving_vs www.fantasydreamteam.com/ea.html

traderforliving

Private
Messages
13
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 me 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 Implied warranty - Wikipedia, the free encyclopedia 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 Unconscionability - Wikipedia, the free encyclopedia for a better explanation).

I ask now for a full refund of 400 USD. I hope you can help me to receive it.
 
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traderforliving

Private
Messages
13
To simple understanding I summarized the facts as follows:

1. No person in his right mind would ever “waive” a right to a refund on a $500 purchase, on an “unproven” EA, just to save $100. That is why I asked for his “assurances” that a refund would “still” be available “before making the purchase at a discount”. This was not my first EA purchase, and I knew better than to not ask this question first. It was based on his “pre-sales” assurances, that I went ahead and made the purchase. Even then, he repeated that not only would a refund still be available, but that I would not even need to make such a request, because his EA performance was so impressive.

2. Then, even “after” the purchase, when the EA was failing, he continued to “assure” me that I would get my refund if I would only give him “another” chance to modify the product, again and again. The EA still continued to lose money (See corroborating experiences of Galina_K). So, now, instead of receiving an “instant refund”, I was being delayed so that I could become (what amounts to) a “beta tester” on a losing EA that should have “never” been marketed, without the proper testing. It just wasn’t and isn't ready to be sold to the public, at ANY price. But, I went along for awhile, because of his friendly assurances, and his “insistence” that he was making money with “no problems” on his live accounts.

3. Even now, he claims that the EA is performing very well, and that he is making daily profits with it. But, when asked for proof, he only offers “DEMO” accounts in his documentation. So, he is not demonstrating that he is risking his “own” money on the product, yet wants others to risk “their” money on the product. This hair-splitting refund process that he has generated, in order to avoid making a refund, brings to question ANY statements that he makes.

4. By his own statements, his EA is so great, that he is making plenty of money (where have we heard that before?), but yet he will not offer a refund over a $100 technicality, that didn’t even exist until AFTER he ran out of delay tactics. And, his objections and “delay tactics” to Galina were almost identical to what I am experiencing, even though she DID pay the FULL PRICE. So, hopefully, you can see a pattern here in his business practices, yet his more recent inferences to this forum is that he has now “seen the light”, and will stop playing “word games” with people who trusted him, and laid out their hard earned money.

5. I will be happy to provide any other information requested, if needed, regarding this unfortunate purchase. It is sad that I need to go through such lengths for a refund, even though I complied with his daily requests to delay the refund, only to be thanked by his 180 degree change of personality “after” he realized that he is OUT of excuses. His PayPal account is frozen, and that is yet another reason he gives for not issuing the refund. Why is his account frozen if “I” am the one that’s unreasonable? Even so, at his request, I agreed to further delay receiving my refund, until he could “fix things” many weeks ago. Now, I am being thanked for my patience by him “changing his mind” about the refund. Yet, if his $500 EA is so “prolific” with its profits, and he has been using it for at least a year, why is he always “short on cash”? The answer is obvious, and in “sync” with all his other behavior with other buyers. Simply said, the EA is a DUD, yet he continues to market it to unsuspecting customers.....
 

Galina_K

Private, 1st Class
Messages
52
Read here:

https://www.forexpeacearmy.com/forex-forum/not-guilty-verdicts/13651-resolved-case-2011-002-galina_k-vs-www-fantasydreamteam-com-ea-html.html

and then let Richard know you have read this thread on FPA and ask for your refund again so we don't have to open up another thread against him...
Thanks, vincam, you have been faster than me.

Public exposure and pressure is the only way to move Swaby.
He stopped communicating to all those who got losses only with his EA
and kept their money.

He stopped sending them updates of his EA and stopped supporting them although a support guarantee was given on his website together with a 100% money-back-guarantee.

He claims that his updated versions are profitable.

How in the world can he justify to either not supporting his customers or sending them their money back ?
 

richard swaby

FantasyDreamTeam
Messages
40
The terms of my site state:

Your purchase of two percent daily serves as your acknowledgement and representation that you have read and understand these TERMS OF USE and that you agree to be bound by such TERMS OF USE ("Agreement").

Refunds are not valid if the Two Percent Daily manual system or automated system is purchased through a discount link, including but not limited to one off promotions.


This buyer used a discount link. End of story. Even if the guarantee was valid, we are past 60 days (day 73).

Also I did some more research, and he has just taken the code from funyoo EA and modified it slightly
What? I coded the EA from scratch! You dont even have access to the code unless you decompiled it without my permission. If you did and you compare the code to ANY other EA, you will see that my code is unique. Stop throwing accusations around. You are upset that you did not get a refund but you should have read the terms. I am 100% entitled and right to refer you to the terms as you agreed to them upon purchase. You purchased on Dec 10th 2010, 73 days ago.
 
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Equalizer

Private, 1st Class
Messages
45
So are you saying that you "did not" promise a refund guarantee to this buyer BOTH before AND after the purchase?

Also, are you denying that it was YOU who made "multiple" requests for him to "delay" his refund application until you could try to "fix" the defective product?

Are you also denying that you expressed a "willingness" to give him a refund, after the purchase, "but" asked him to WAIT because your PayPal account was "frozen" and as soon as it was "unfrozen" he would get his refund?

And now, because he accepted your "sob story", and agreed to wait for the refund, you are pulling the old "too late" line? REALLY???? Is "that" how you show your appreciation to "patient" customers who try to "work with you in your time of need"? Do you treat all your paying customers like "the enemy"?

This "speaking with a forked tongue" sounds like a rerun of the Galina case. Are you "really" going to drag this out again, and deny that you treat your customers like "suckers" to be scammed by "technicalities and doublespeak"?


The terms of my site state:

Your purchase of two percent daily serves as your acknowledgement and representation that you have read and understand these TERMS OF USE and that you agree to be bound by such TERMS OF USE ("Agreement").

Refunds are not valid if the Two Percent Daily manual system or automated system is purchased through a discount link, including but not limited to one off promotions.


This buyer used a discount link. End of story. Even if the guarantee was valid, we are past 60 days (day 73).
 

richard swaby

FantasyDreamTeam
Messages
40
So are you saying that you "did not" promise a refund guarantee to this buyer BOTH before AND after the purchase?
Not once was the buyer told that they "would receive a refund if using a discount link". BUT, they were CLEARLY told in the terms of the site that THEY WOULD NOT GET A REFUND IF USING A DISCOUNT LINK. You lot over here are always trying to twist my words, but there is no twisting the terms!

Also, are you denying that it was YOU who made "multiple" requests for him to "delay" his refund application until you could try to "fix" the defective product?
Whenever a vendor tries to offer help, there will be a bunch of ignorant people that connsider it "delaying". I call it "offering support and help". If someone buys the product with the intention of getting good results from it, they will accept this support.

Are you also denying that you expressed a "willingness" to give him a refund, after the purchase, "but" asked him to WAIT because your PayPal account was "frozen" and as soon as it was "unfrozen" he would get his refund?
The PayPal account is limited with the payment in there. Once I checked the purchase and saw that it was using a discount link I reminded the buyer of the terms (which I assume they read upon purchase - or should have read upon purchase).

And now, because he accepted your "sob story", and agreed to wait for the refund, you are pulling the old "too late" line? REALLY???? Is "that" how you show your appreciation to "patient" customers who try to "work with you in your time of need"? Do you treat all your paying customers like "the enemy"?
Sob Story?! Jesus, people around here are quick on the draw to shoot off accusations and turn on the vendor. If your going to make these assumptions how will I ever get a fair judgement. If your going to be biased and not believe my side then please leave your opinion at home. I am pulling the "too late" line because it seems as though some people around here are either too stupid or too ignorant to understand the point of TERMS OF AGREEMENT. SO, because I do not give a refund I am treating the customer as the enemy. This forum is so biased it is unreal. I cant believe I have to defend myself when I have terms on my site. Seriously, mods sort this mess out, the credibility and integrity of the FPA has to be put in to question if vendors are not even protected by their terms.

This "speaking with a forked tongue" sounds like a rerun of the Galina case. Are you "really" going to drag this out again, and deny that you treat your customers like "suckers" to be scammed by "technicalities and doublespeak"?
Galina paid full price and got her refund. Believe me, after the death threats of last time I do not want ot drag this out, but I have the right to stick by the terms of my site. What you refer to as "technicalities" and "doublespeak" are actually THE TERMS OF AGREEMENT. Nothing complicated there! I have bought sale items that do not have refund policies many a time. I dont expect to go back to the shop and get a refund.
The bottom line is this: The terms on the site that the buyer agreed to upon purchase state that there are no refunds for discounted links.

What is said after and what is said here on the FPA is secondary to the terms that the buyer agress to upon purchase. They are set in stone and I am 100% in my right to use them. The buyer (and everyone else) should learn to read terms.

Why dont you go after real scammers?! Infact, if you take this any further I have the right to call you scammers for trying to force me to breach the terms of our contract. I would have a real case, especially when the product has made 33% in the past 3 weeks and there is still a refund request that was made with a discounted link that for the 100th time is not covered as per the terms. I am the scapegoat at this time, so everyone wants a piece.
 
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richard swaby

FantasyDreamTeam
Messages
40
If the logic of the FPA is that "it does not matter what the terms say", then anyone could put a claim against anyone else! Infact, I may just open an account with every single broker and blow all the accounts. I will then blame the brokers who will refer me to their terms that state "we are not responsible for your losses". But wait, not a problem, I know how to get my money back! I will open a case on the FPA and you will have to give me back all the losses because what you say in your T&C's means absolutly nothing. Will you guys back me?

GameStation: "We own your soul"
In a bid to prove that nobody reads the T&Cs of an online sale, GameStation added a new clause of their own...

http://www.bit-tech.net/news/gaming/2010/04/15/gamestation-we-own-your-soul/1
 
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