Ben Lawler, Wendy Fick, ProActive Advisors, Inc.

Marketing Strategies

In December of 2006 Wendy Fick purchased two rolls of custom wrapping paper from Trixy Pix Graphics for $251.

Wendy Fick received one email from the company with what they refer to as a printing proof which was a digital picture of the paper as it was being printed (photo to the left). As you can see, it is not a traditional printing proof but judging from the picture the paper looked fine and it was approved.

When the paper arrived a few days later, one whole side of the paper was shredded and torn. The paper also had pink dots splattered on the edges; generally speaking the product was of poor quality, with inconsistent coloring which caused lines through the 2”x2” graphic. When we contacted customer service to request a replacement there was an email exchange, which is below. You can read the exchange and decide for yourself.

(Personal contact information has been edited out to protect privacy.)

----- Original Message -----
From: Wendy Fick
To: TrixiePixGraphics Forms
Sent: Monday, December 12, 2005 7:29 PM
Subject: Email Submission

Your IP Address: 70.XX.XX.XXX

First Name: Wendy
Last Name: Fick
Email: wfick@
Message:

Hello,

I just received my wrapping paper and am disappointed and cannot use it.

1. One whole side of the paper is shredded
2. Some parts of the print has lines through it
3. Print is not black
4. There are pink dots on one side of the roll.
To be frank, the product you provided is unexcitable. I have
been working in the printing industry for many years and have never received a product in this bad of shape especially considering the cost. I need the product by Wednesday.
Please call me to discuss how we can resolve this issue
310-XXX-XXXX.

Best regards,

-----Original Message-----

From: TrixiePixGraphics Forms
Sent: Monday, December 12, 2005 8:11 PM
To: Wendy Fick
Subject: Re: Email Submission

We've received your email. It seems there is not one single aspect of our product that you're happy with. That is more than a little curious since we sell hundreds and hundreds of these rolls, and over nearly a decade have not received a single (not a single) complaint. Not one. not ever. For there to be this many things wrong with your product seems utterly impossible. You're going to have to provide a good deal more information so we can sort this out:
(1) The "shredding" you're referring to -- was there damage to the shipping tube? If yes, it's a UPS problem. If no, be advised that on our master rolls we occasionally DO find a stretch that is crumpled. We let the crumpled area run as it's easier than starting and stopping the printer, but we count that area as "free", meaning that we don't count it as part of the product the customer pays for. We cut the crumpled area off the edge and still run it through the printer, but we provide far more extra paper than existed in the crumpled area. In fact, someone has just pulled up your order and we do now recall your roll. It was actually 6 rolls, run together as one. The first ten feet or so of that roll had exactly such a crumpled area. You have been supplied FAR more paper than you paid for, to account for this very flaw. There is another section inside the roll, of about five feet, with a similar problem. Again, you were supplied MORE THAN ENOUGH extra paper to make up for this. These master rolls come from an industrial warehouse, and sometimes are handled roughly. Rather than cut out the damaged areas we just let them run but don't charge for them, figuring that the customer will use the "bad" area anyway, as it seldom accounts for more than about 3 or 4 % of the paper in the damaged area.
(2) What part of the print has lines through it? You supplied
No picture whatsoever.
(3) Print is not black. First, we state clearly on our product page that this media (gift wrap) is subject to color shifts. Second, we actually sent you a proof, which was an actual photograph of the product, which you approved.
(4) Pink dots on one side of the roll. We assume you mean the
inside of the paper -- the side which goes against the package and is not used. It is entirely possible that pink dots DO exist on the off side. We have no idea, and no idea what might have caused such a thing. We simply don't care about the inside of the paper, and have never examined that side of any wrapping paper. And exactly how does that affect the useability of this product? Please supply a picture and an explanation.

While we strive to provide the very best possible product, we also find your complaint a little hard to swallow. We find ourselves asking, "My God -- is there anything this person does NOT complain about?"
We're going to ask you to demonstrate exactly how this product is
not useable. You were supplied a good deal of extra paper to make up for any flaws that can (and usually do) show up in a re-worked product like this. You ordered the paper from a website page which clearly states you may see color shifts on the media.
And you were supplied a proof that you approved. You're stating that there may be (or may not be) pink dots on the back of the paper,
which is impossible to account for since no colored ink was used in creating your paper -- but even if the pink dots do exist, they do not affect the usability of the product in any way whatsoever.

We really get the impression that you saw a couple of things you didn't like, and simply adopted a mind-set against this product without actually thinking it through or first inquiring about what you were seeing. This product is created by printing OVER wrapping paper that has already been rolled and packaged for sale, which is the only way to produce custom gift wrap in small quantities. It's not going to look like it just came off the shelf at Walmart.

We await your pictures.

----- Original Message -----
From: "Wendy Fick"
To: "'TrixiePixGraphics Forms'"
Sent: Tuesday, December 13, 2005 12:18 PM
Subject: RE: Email Submission

Thank you for your quick response to my email. I have attached pictures of the paper showing the problems I addressed in the earlier
email.

As you will see, I have not received a satisfactory product.

I need a new roll of paper printed and sent to me for arrival tomorrow.
This is a very important client to me and I would like to continue to do business with you as well.

Best regards,
Wendy

-----Original Message-----
From: TrixiePixGraphics Forms
Sent: Tuesday, December 13, 2005 12:49 PM
To: Wendy Fick
Subject: Re: Email Submission

We're looking at your pictures as we write this.

First, understand that this order required about 20 hours of printer time. If we started reprinting your order at this moment,
it would not be completed until Wednesday afternoon.

Second, we would never, ever provide another product for you. In
tens of thousands of orders, over nearly a decade, we have never recieved a complaint such as yours. No one has ever trashed our product as you have. Not even close. Not once. Not even remotely.
There is no product that we (or probably any other business in the free world) could produce that would make you happy.

Third, in looking over your pictures, your complaint becomes even more ludicrous.

The "lines" you refer to are merely the beginning of the next set
of images. Since the printer reached its prescribed length it stopped printing there without finishing that particular row of images. There are not lines throughout the roll -- only at the very end of the roll. That you would attempt such subterfuge is outrageous.

The pink dots you see are on the edge of the paper and constitute nothing more than overflow. There are no pink dots in the useable portion of the print, and even if there were, we have told you that you received a good deal extra paper to make up for any such irregularities. You will find this kind of thing on almost every commercial roll of paper you will ever obtain. We always provide
more than the customer pays for. In some cases, like this one, we deeply regret that kindness.

You have included another pic (SUC50021) that demonstrates......WHAT? We have no idea.

Wendy, your complaint is outrageous. It is utterly and wholly
unfounded. It demonstrates......well, let's not go there.

Here's what we'd like to do. We'd like to offer you the following
deal. We'd like you to file suit against us in small claims court. We feel you would learn much from such an exchange.

When you first tendered this complaint we thought you might actually have some kind of legitimate complaint. We were willing and eager to help you settle it in some appropriate way. After reviewing your pics, we have reversed that sentiment. You need a better grasp of reality. We're going to research the name of your CEO and make sure he/she has a copy of this entire exchange.

You have been blocked from ordering from us in the future, and you are herewith directed not to contact us again except through counsel. Good freaking grief.

In disgust,

TrixiePixGraphics

----- Original Message -----
From: "Ben Lawler, CPA"
To: <forms@
Cc: "'Wendy Fick'"
Sent: Tuesday, December 13, 2005 1:20 PM
Subject: RE: Email Submission

Hello,

I am the CEO of Proactive Advisors, Inc. Wendy forwarded this e mail to me so I can help to expedite the issue.

I took a look at the Wrapping Paper that was sent and there are a couple of defaults in the product.

1. There are white lines going through the actual Print and Logo.

2. The print part is a Gray color rather then the requested Black
color.

3. The end of the paper is shredded.

I manage over 40 Corporations and LLC's as we have clients in most states including yours. If a client is displeased with a product we
always try to clear the issue as the client is our most important asset.
I know it was unintentional but the product does not conform to the
specified request.

Call me to rectify the issue. I think it is fixable and all parties will be pleased. (818) XXX-XXXX.

ProActive Advisors, Inc.
Ben Lawler, CPA

-----Original Message-----
From: TrixiePixGraphics Forms
Sent: Tuesday, December 13, 2005 1:41 PM
To: Ben Lawler, CPA
Subject: Re: Email Submission

Ben,

We explicitly state on the product page that colors may shift and/or be dulled. It is due to the nature of gift wrapping media.

In addition, we sent your employee an actual photograph of the printed product. She approved it.

The side of the paper was shredded, as it often is. To compensate for this we added a good deal of extra paper. We always do this.
Have you even unrolled the product beyond the short shredded area? The shredding of the margin does not in any case affect the useability of the paper. This is gift wrap, designed to be cut to size. The margins of gift wrap are never allowed to remain exposed anyway.

We could not see any white lines in any image that was sent us. It is possible that occasionally white lines do appear. However if so, they will be small -- almost beyond human vision. We doubt even then that there are many rows with this problem. Again, we always supply more product than the customer pays for to automatically comnpensate for any flaws or irregularities. This is disposable gift wrap -- NOT an art statement..

You state that the images are gray rather than the "requested black". We're aware of no such specific request. We print the images as they are supplied to us.

We're not sure you've seen all emails in this case. We steadfastly refuse to provide any additional or other product to your company. There is nothing we could ever manufacture which would satisfy you. At this point our efforts are dedicated to extricating ourselves from you. Are you requesting a partial refund? If so, how much? If we feel the request is equal to or less than it would cost us to fight this issue formally, we will perhaps issue a credit for that amount on the condition that you never attempt to order from us again, and never contact us again.

Please advise.

----- Original Message -----
From: "Ben Lawler, CPA"
To: "'TrixiePixGraphics Forms'
Cc: "'Wendy Fick'
Sent: Tuesday, December 13, 2005 1:55 PM
Subject: RE: Email Submission

Hello,

I have never received an e mail like this as I have launched and advised over 100 companies and formally manage over 40.

It is unprofessional and very defensive.

The purchase price of the paper was $251. Go ahead and Credit half back today and we will move forward.

Let me know what your decision is so we can take the appropriate steps.

Regards!
Ben Lawler

-----Original Message-----
From: TrixiePixGraphics Forms
Sent: Tuesday, December 13, 2005 2:10 PM
To: Ben Lawler, CPA
Subject: Re: Email Submission

We're not willing to credit half back. In actuality, you received more usable product than you paid for. At this point we're willing to go the distance on this.

Be advised there is no need to send three identical emails -- one will suffice.

-----Original Message-----

Hello,

I wish your decision was different as I think we have been tremendously patient with your unprofessionalism and insults.

Take a look at our website. My business partner and General Council is Gary Slavett. He will be contacting:

1. The Better Business Bureau;
2. The Secretary of State and;
3. The Credit Card Company.

Let me know if you would like him to move forward as there is a better way to do business.

Regards!
Ben Lawler

Portfolio: www.proconceptdesign.com

Ben Lawler, Wendy Fick, ProActive Advisors