So, after my mother wanted to buy some gifts for my brother found this site, she did what she always does - asks me to research it before using the site!
Guess what I found!
(((link redacted)))
After reading around the internet, and seeing mostly positive reviews from the blogosphere (and hardly any from consumers), I got even more suspicious. So, I dug into their site. I looked at the site index - where all sites should post all of their pages within their site. Couldn't find any agreements listed anywhere! Then, I went to their help page, to find a very strangely worded sales agreement from the below link:
http://www.kleargear.com/help.html
"Klear Gear retains ownership of all products until the point of payment has been received and product delivered, at which time ownership is given to the said customer. Shipping charges are applied to orders irrelevant to weight, size and destination of shipment. Klear Gear can ship US mail, therefore we are able to deliver to PO, APO, and FPO box addresses. Klear Gear reserves the right to choose the shipping carrier."
The strange part is that first line. They can receive payment but the product isn't yours until they deliver it. They will probably say that this so that the customer is not responsible for any damages in shipping, but why not just write it that way? So, first red flag directly from the site itself.
I click on the "About Us" link at the bottom of the page - also listed below - and find that there is no information on that page. Maybe they don't want to tell us they won't deliver our items and then report a $3500 fine to credit bureaus for a policy that is clearly unethical and probably illegal.
http://www.kleargear.com/info.html
I go through the process of picking an item, adding it to cart, and then clicking on checkout. No information available until after you give them your name and credit card number and I am NOT doing that. So, I am unable to find the clause that is listed in the article from theblaze.com (the article states that it's in the terms of sale), but it is not.
I advised my mother not to purchase there. I only post here to advise people of some of the information that is not easily visible on Google. I recommend people decide for themselves.
Kleargear has hidden deep within their terms and conditions (difficult to find) a non-disparagment clause that says quite simply if you buy from them and complain in any way or for whatever reason, they are allowed to bill you for $3500, if you refuse to retract your complaint within 72 hours of their notification. Quite absurd!
This has failed in American courts and will continue to do so, but these scumbags continue to pursue their legions of dissatified customers through their third-party collection agency under the pretense of legal proceedings.
Fortunately, third-party debt collectors are powerless to do anything at all if you file a timely dispute (within 30 days of notice). Simply send a dispute letter, certified mail with return receipt, stating that you dispute the alleged debt in its entirety and demand strict proof of lawful obligation to Kweergear Collection Agency (or whatever). The truth is, you have no lawful debt to any third-party collection agency unless you consent to it or ignore their demand for payment, in which case the debt will be assumed as lawful.
If all people were educated to this legal truth, third-party debt collectors would no longer exist.
KlearGear has a clause in the terms of use that is a first amendment violation. Avoid this company at all costs!
Non-Disparagement Clause
In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com, its reputation, products, services, management or employees.
Should you violate this clause, as determined by KlearGear.com in its sole discretion, you will be provided a seventy-two (72) hour opportunity to retract the content in question. If the content remains, in whole or in part, you will immediately be billed $3,500.00 USD for legal fees and court costs until such complete costs are determined in litigation. Should these charges remain unpaid for 30 calendar days from the billing date, your unpaid invoice will be forwarded to our third party collection firm and will be reported to consumer credit reporting agencies until paid.
KlearGear.com Reviews
So, after my mother wanted to buy some gifts for my brother found this site, she did what she always does - asks me to research it before using the site!
Guess what I found!
(((link redacted)))
After reading around the internet, and seeing mostly positive reviews from the blogosphere (and hardly any from consumers), I got even more suspicious. So, I dug into their site. I looked at the site index - where all sites should post all of their pages within their site. Couldn't find any agreements listed anywhere! Then, I went to their help page, to find a very strangely worded sales agreement from the below link:
http://www.kleargear.com/help.html
"Klear Gear retains ownership of all products until the point of payment has been received and product delivered, at which time ownership is given to the said customer. Shipping charges are applied to orders irrelevant to weight, size and destination of shipment. Klear Gear can ship US mail, therefore we are able to deliver to PO, APO, and FPO box addresses. Klear Gear reserves the right to choose the shipping carrier."
The strange part is that first line. They can receive payment but the product isn't yours until they deliver it. They will probably say that this so that the customer is not responsible for any damages in shipping, but why not just write it that way? So, first red flag directly from the site itself.
I click on the "About Us" link at the bottom of the page - also listed below - and find that there is no information on that page. Maybe they don't want to tell us they won't deliver our items and then report a $3500 fine to credit bureaus for a policy that is clearly unethical and probably illegal.
http://www.kleargear.com/info.html
I go through the process of picking an item, adding it to cart, and then clicking on checkout. No information available until after you give them your name and credit card number and I am NOT doing that. So, I am unable to find the clause that is listed in the article from theblaze.com (the article states that it's in the terms of sale), but it is not.
I advised my mother not to purchase there. I only post here to advise people of some of the information that is not easily visible on Google. I recommend people decide for themselves.
Kleargear has hidden deep within their terms and conditions (difficult to find) a non-disparagment clause that says quite simply if you buy from them and complain in any way or for whatever reason, they are allowed to bill you for $3500, if you refuse to retract your complaint within 72 hours of their notification. Quite absurd!
This has failed in American courts and will continue to do so, but these scumbags continue to pursue their legions of dissatified customers through their third-party collection agency under the pretense of legal proceedings.
Fortunately, third-party debt collectors are powerless to do anything at all if you file a timely dispute (within 30 days of notice). Simply send a dispute letter, certified mail with return receipt, stating that you dispute the alleged debt in its entirety and demand strict proof of lawful obligation to Kweergear Collection Agency (or whatever). The truth is, you have no lawful debt to any third-party collection agency unless you consent to it or ignore their demand for payment, in which case the debt will be assumed as lawful.
If all people were educated to this legal truth, third-party debt collectors would no longer exist.
KlearGear has a clause in the terms of use that is a first amendment violation. Avoid this company at all costs!
Non-Disparagement Clause
In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of this sales contract prohibits you from taking any action that negatively impacts KlearGear.com, its reputation, products, services, management or employees.
Should you violate this clause, as determined by KlearGear.com in its sole discretion, you will be provided a seventy-two (72) hour opportunity to retract the content in question. If the content remains, in whole or in part, you will immediately be billed $3,500.00 USD for legal fees and court costs until such complete costs are determined in litigation. Should these charges remain unpaid for 30 calendar days from the billing date, your unpaid invoice will be forwarded to our third party collection firm and will be reported to consumer credit reporting agencies until paid.