Our Response to Our Competitors' Slander and Defamation
Two of our competitors are small-time software programmers who don't like our competitive pricing. They think the way to earn your business is to lie about us and to attempt to discredit us while misrepresenting themselves and their products. It is very unfortunate that the Internet is unregulated, allowing such under-handed tactics, and we regret that you've been side tracked by these antics. We sincerely hope that if you have been swayed by these rogues, that you do three things:
1) Please don't allow our relationship with you to be adversely affected by their unscrupulous behavior. We don't wish to be involved but feel we must respond to expose their lies and chicanery. We can't control what others post on their websites or how they conduct themselves, but no doubt their lack of honesty, integrity and professionalism fairly and accurately reflect their worth.
2) Email us about your thoughts so we may present the effects of their public slander to the appropriate authorities. Your contribution will help bring these practitioners their due.
3) Please allow us to present the facts so that you can know the truth. We are honest business people with an impeccable reputation!
The Short Edition
We stopped selling Hawkins' software in February, 2002 because we caught him stealing from us! Hawkins made a demo of his software available to us which we in turn made available to our website visitors. A few months into the arrangement, we discovered that unknown to us and without our permission of course, Hawkins had subversively placed his address, email address, website links, phone and fax numbers in every conceivable place in the demo. Our potential buyers were contacting him directly to purchase his program and he of course avoided asking each buyer if he or she first learned of his program through us, which conveniently allowed him to make sales while avoiding paying our commission.
When confronted, Hawkins denied having benefited from his larceny. When new customers were calling us that we didn't know, he had to admit he had been stealing. He has refused to turn over credit card and bank records (undoubtedly because they contain transactions of money received for sales to our prospects), but we suspect the amount stolen is substantial.
After discovering his thievery, we developed 'Best Consignment Shop Software' and became his competitor. Upon discovering that we had become his competition, Hawkins posted lies about us on his website. Losing hundreds of sales to us makes him 'unhappy'. Yes, he could lower prices and compete fairly, but instead he slanders us publicly and maintains a website fundamentally based upon price deception, hopefully tricking buyers into paying much more than prices advertised on his home page.
Our software has nothing to do with Hawkins' software. We did not "flat out steal" Hawkins' software as he claims. BCSS was written by us. It works wonderfully and as you will discover for yourself, it is very well supported.
Please allow us the opportunity to demonstrate that our business ethics and our products are well above the misrepresentations of this common thief and his cohort opportunist (Wilson of Consignpro). Compare our websites, our business practices - you won't find one misrepresentation anywhere. We don't hide costs. We don't try to trick or trap our customers into paying hidden or annual fees for using our products and we only state the truth about our competitors. Yes, buyers should beware and be aware of how these two conduct business on the Internet. Please read this.
Fair Play
Please help us create a fair playing field by reporting negative comments made by our competitors to us. This information will be used in the future in our actions against them. Please include date, time, method of communication, person's name and direct quotes (if possible).
The Longer Edition
In the Spring of 2001, we entered into an agreement with Hawkins to sell his consignment software program called 'Consignment Success'. We developed the website, bestconsignmentshopsoftware.com, to represent his product. We own the website, bestconsignmentshopsoftware.com, and the name, Best Consignment Shop Software.
Hawkins made a demo edition of his software available to us which we in turn made available to our website visitors. A few months into the arrangement, we discovered that unknown to us and without our permission of course, Hawkins had subversively placed his address, email address, website links, phone and fax numbers in every conceivable place in the demo. Our potential buyers were contacting him directly to purchase his program and he of course avoided asking each buyer if he or she first learned of his program through us, which conveniently allowed him to make sales while avoiding paying our commission.
When confronted, Hawkins denied having benefited from his larceny. When new customers were calling us that we didn't know, he had to admit he had been stealing. He has refused to turn over credit card and bank records, undoubtedly because they contain transactions of money received by Hawkins for sales to our prospects, but we suspect the amount stolen is substantial.
This relationship didn't just "not work out" as diluted by Wilson at Consignpro. We stopped doing business with Hawkins because he's a thief! We developed "Best Consignment Shop Software" which has nothing to do with him or his software. We are now his competitor.
Upon discovering that we had become his competition, Hawkins posted lies about us on his website. Wilson has chimed in lately thinking his sales might benefit from discrediting us as well. He serves his own self interests by refusing to admit that Hawkins stole from us.
We have made special effort to develop a much better product at a lower price. Hawkins and Wilson are over-priced and charge annual for service and/or updates. We don't. Our shipping of hardware is free. Theirs isn't and their shipping charges are hidden at the end of the ordering process. Features included in our program are not available in Hawkins' unless you purchase 'add-on modules', making his program even more expensive. Our service is excellent. We hear continuous complaints that his isn't. Talk to customer rep/programmer/administrator Hawkins and you'll see why people are dissatisfied.
Here are examples of Hawkins' deceptive tactics:
Diversion
It's obvious - Hawkins software is relatively expensive, costing $935 over five years (more for 'Consignment Success') vs. our $395. He hopes to draw your attention away from that by attacking us.
Bait and Switch
Promotion on his home page: "All features, including technical support and the free updates as promoted throughout this website are included in this price!"
The truth on a sub-page: "Support is free for 60 days then $60.00 Per Year."
Price Trapping
If you don't pay $60/year for support, updates are not free!
Moreover, if you don't cave in to paying annually for support you will pay $45 per incident each time you need help!
If you don't ask and/or don't pay attention to hidden details, i.e., if you fail to elect annual support during the 'free support period', you will be forced to pay $45 per incident.
Willful Deception
If 'all features are included', why must 'add-on modules' be purchased to include standard consignment software features (layaways, special promotions, house account and wish list)? Hawkins promotes a price of $395 but the actual five-year cost is $934.80! - $395 + $59.95 +$59.95 + $59.95 + $59.95 + $300 (for support) Our five-year cost for the same features? $395
Proprietary Infringements
Hawkins infringes upon our name 'Best Consignment Shop Software' by calling his product 'Best Consignment Software'. He infringes upon our website name bestconsignmentshopsoftware.com using bestconsignmentsoftware.com, consignmentshopsoftware.net and consignmentshopsoftware.com. He steals copy-righted material from our website.
Unsubstantiated Claims
He says, "The Best Consignment Software we are offering is the complete, full featured program as has been sold to hundreds of satisfied users across [sic] USA and Canada."
This is a totally unsubstantiated claim contradicted by the feedback we receive, and our personal experiences certainly fall far short of his grandiose claims.
False Representation
Lastly, Hawkins and Wilson compare their products to each other and just one other vendor. Representation of our product and others is conspicuously missing. They both claim that their products costs less than all their competitors, conveniently ignoring our significantly lower pricing.
Hawkins' claims are false and slanderous. He was stealing from us. We caught him. In response we developed Best Consignment Shop Software and became his competition. Now he lies to the public, as does Wilson. Their deceptive practices continue on their websites where they attempt to hide costs and misrepresent the truth. (Wilson publicly advertises his software as being 'free'! Overture Google)
Ask Hawkins to put his claims in writing and send them to you. He likes to state his lies by phone (no written record), such as, he has filed 'cease and desist orders' and law suits, suggesting that he has been violated and has legal recourse. Both Hawkins and Wilson have gone so far as to claim that we are 'in jail for stealing software'. Just ask for any allegations in writing. You won't get it. Copies of filings? They don't exist, and we do hope you can see who is 'blowing smoke'.
Finally, please accept our apology for this situation. If you object to people like Hawkins and Wilson and their tactics, please convey your feelings to us so we may use them in the future.
Best Regards,
Steve Henning
Best Consignment Shop Software
Fair Play
Please help us create a fair playing field by reporting negative comments made by our competitors to us. This information will be used in the future in our actions against them. Please include date, time, method of communication, person's name and direct quotes (if possible).
