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Kids.com.au?

tuanng

Member
I'm the retard that "won" this name which I thought was kids.com.au - ( listed as Klids.com.au ) - especially when the domain was ordered so high in their list??

Before drop time, I tried to contact them to retract the bid but all I could find ( from google, not their site ) was a number for netregistry, which owns netfleet, spoke to a guy and said he cant help, I have to talk to netfleet, and he didnt have a number either, just the support@ email. Knowing that they won't reply until the auction is over, I sent them an email anyway.

This is what I got from them today:

--
Our company policy is to never retract bids. I will check and see if I can lower the bid amount on the invoice so you would have bid only $10 higher than previous bidder - I wouldn't be able to reverse the registration of the domain though.
---

Surely, no one else would have bidded more than 10 ( if any ) for this domain, anyone bid anything higher probably thought it was kids.com.au too.

Any lawyers in here? I would rather pay the $1500 to a lawyer than to netfleet.
 

findtim

Top Contributor
don't "knee jerk " to a lawyer, we all know each other so best to continue with contacting NF

tim
 

helloworld

Top Contributor
Problem with a chargeback is obvious that you might black ban yourself from future regs. I really think Netfleet should come to the table here.
 

tuanng

Member
Can never retract bids due to company policy
It's a fair policy. But given it was a mistake due the similarities in the words and use of their fonts, and not a change of mind.

Problem with a chargeback is obvious that you might black ban yourself from future regs. I really think Netfleet should come to the table here.
I haven't been charged yet ( need to update my card details ) - however, if they do charge me for this, I'll never use them again anyway, so I don't care about the ban. I catch with them quite often, they'll lose more than the $1500 if I stop buying from them.
 

snoopy

Top Contributor
I'm the ****** that "won" this name which I thought was kids.com.au - ( listed as Klids.com.au ) - especially when the domain was ordered so high in their list??

Before drop time, I tried to contact them to retract the bid but all I could find ( from google, not their site ) was a number for netregistry, which owns netfleet, spoke to a guy and said he cant help, I have to talk to netfleet, and he didnt have a number either, just the support@ email. Knowing that they won't reply until the auction is over, I sent them an email anyway.

This is what I got from them today:

--
Our company policy is to never retract bids. I will check and see if I can lower the bid amount on the invoice so you would have bid only $10 higher than previous bidder - I wouldn't be able to reverse the registration of the domain though.
---

Surely, no one else would have bidded more than 10 ( if any ) for this domain, anyone bid anything higher probably thought it was kids.com.au too.

Any lawyers in here? I would rather pay the $1500 to a lawyer than to netfleet.

I'd go at them pretty hard, because they would 100% know that the listing looks like kids.com.au and that the bidders wouldn't have known. The name itself is worthless I would say.

First thing I thought of legally was misleading and deceptive conduct or perhaps some kind of false advertising claim in terms of how the listing looks. If you are not planning on using them again I'd tell them you are going to file a dispute with your bank unless they refund ASAP.

If you are going to use them again I'd probably hound them for the next week. I'd also look at filing a dispute with consumer affairs in your state, most business hate getting chased by government bodies and will often "see things with more clarity" when they've got someone from a govt department onto them as well. That is going to cost nothing versus using lawyers, just depends on whether the consumer affairs people can follow it,

eg

http://www.consumer.vic.gov.au/shopping/refunds-and-returns/refunds-repairs-and-replacements

Keep a good record of all correspondence.
 

findtim

Top Contributor
Problem with a chargeback is obvious that you might black ban yourself from future regs. I really think Netfleet should come to the table here.

black ban seems silly in this particular case, i seem to remember a few instances where NF have been able to change their mind so that email response from them in harsh given the amount of threads in the past on DNT about this exact problem.

before the nf tender system there is one instance on a dnt thread that suggests the guy accidentally added an extra zero to his bid and nf negotiated with the under bidder, there is another one where the top bidder claimed they didn't mean to bid and nf contacted the underbidder to make the sale.

so given those lessons if i was nf i would not make the sale, what i would do is go back into the logs and ask the top bidder " do you want to pay for the domain" , if they say no then let them out of the deal, then go to the underbidder and ask " do you want the domain" if they say no then ok because they got fooled as well, and keep going down until you get the the person that wanted to buy KLDS......... if you can find one.

THEN, nf, post on here that you do have a problem and "caveat emptor" is not part of your marketing strategy and change that font problem.

tim
 

findtim

Top Contributor
as snoopy said
Keep a good record of all correspondence.

"copious notes" i had a problem with brissie council 15 years ago and i typed what they said on the phone to me and in the end they fixed the issue because i read back to them what they had said 3 months earlier, so not just correspondence but record words over the phone.

and we all have to remember that this could happen to any of us with this font issue.

tim
 

Joel

Top Contributor
This is what I got from them today:

--
Our company policy is to never retract bids. I will check and see if I can lower the bid amount on the invoice so you would have bid only $10 higher than previous bidder - I wouldn't be able to reverse the registration of the domain though.
---

This is truly poor form by NetFleet. It's deception plain and simple.

They absolutely could have reversed the registration as per auDA policy, they simply chose not to.

All this would have been avoided had they been using a serif font!
 

findtim

Top Contributor
I haven't paid, but they're not retracting the bid, and issued the final invoice, stating that if I don't pay, it'll be passed onto collection agencies.

nothing to do with me but i advised a client on this the other day
http://www.accc.gov.au/consumers/co...epair-replace-refund#replacements-and-refunds

not sure if it has anything to do with auctions though !!

i actually posted the link instead of PM'ing it so NF and others can read it not for domains but for general knowledge, i think it has notihing to do with auctions but someone may find something???

in then END i am sure this issue it will be NOTED along with all the others.

next step will be that anyone that speaks out about there business techniques will be bared from bidding, thus nobody does speak out.

HEY... its a game and we currently have 1 referee ! and referee's call the shots or send you off the field !!!

bugger

tim
 

sasha

Top Contributor
It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales.

Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve got from a business have expired.

You're actually entitled to a refund as the goods in this case "the domain was clearly advertised as "kids.com.au and is unfit for the purpose" and under the Australian Consumer Law, you have certain rights to cancel a service.

http://www.accc.gov.au/consumers/consumer-rights-guarantees/cancelling-a-service

If you have a major problem with a service or a minor problem that can't be fixed within a reasonable time you have the right to cancel a service contract, when it is:

1. provided with an unacceptable level of care and skill
2. unfit for the purpose you asked for
3. not delivered within a reasonable time when there is no agreed end date.

You can also ask for compensation for damages or loss caused by the problem.
 

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