Public and private blacklisting policy
PRIVATE BLACKLISTING
Private blacklisting means that we will not accept (further) orders from a customer, in order to protect both ourselves as well as that person. We sometimes make an exception for those with a Derminator machine because they need to be able to buy spares, but if we deem that customer a danger to themselves or our company, we will refund the machine + shipping if they send it back to us. Approx. 1% of (potential) customers are privately blacklisted by us.
Reasons for private blacklisting
1. To protect the customer from health damage, and ourselves from public allegations that our products/information are to blame. One in seven US adults are functionally illiterate and thus unable to understand our dermaneedling guidelines and would therefore cause themselves a (possibly permanent) skin injury and might even blame this on us. When we get the impression that a customer is unwilling or unable to self-educate as to how to safely self-administer invasive medical treatment with our dermaneedling instruments, using the materials on our site, we will decline that person's orders.
2. To protect our company from an unreasonable level of risk, discomfort, time/money expenditure etc. This can be refusing to ship to the same customer, after we had to refund due to a disappeared shipment. Or refusing to serve a customer for rudeness or an unreasonable demand, placed on our support staff. We also decline sales to people who appear mentally unstable, feeble-minded, hostile, severely negligent or paranoid. In order to make it available to home users, we sell a professional medical device worth $5000 for $190 but that means we can not afford the support staff to do any hand-holding, neither is giving personalized medical advice legal.
PUBLIC BLACKLISTING
Public blacklisting means that we will publish the private identifying data (address, phone nr., email address, photo) of the person, including professional details (profession, employer) on a variety of websites, such as badbuyerlist.org and ratebuyers.com. We do this as per the contract we have with the customer. Only about two percent of people have a cluster B personality disorder and fortunately, only a very small percentage of those are unwise enough to do their best to end up on our public blacklists. Public blacklisting is a deterrent to offenses against merchants, to give our version of events in case of libel and as a warning to other merchants. Our customers explicitly agree to getting blacklisted in case they commit an unlawful act against us or threaten to do so. Examples how to get publicly blacklisted are displayed directly next to the checkbox: "I agree to this contract not to (threaten to) cause your company damage". Approx. 0.1% of "customers" (someone who does not pay is not really a customer..) are publicly blacklisted by us.
Reasons for public blacklisting
When a customer explicitly agrees to our T&C, they and ourselves enter into a contract:
Our contractual obligations:
1. Believe the customer on their word, unless we have evidence to the contrary. Example: They say an untracked package did not arrive. We will believe them and re-send or refund.
2. Always replace bad merchandise with DOUBLE the amount of bad items, except for the Derminator machine.
3. Life-long warranty on everything we sell, including the Derminator machines.
4. We ALWAYS refund in case of non-arrived merchandise but the deadline for that is 90 days, but only in case of very severe transit delays - otherwise it's much sooner.
5. Make very thorough written materials available on how to use our products.
Their contractual obligations:
1. Not to commit an unlawful act against us. Examples: Chargeback fraud (enforcing a refund), criminal defamation (seen our excellent customer service, a bad "review" usually is libellous), extortion (threatening someting in order to obtain a refund, incl. threatening a chargeback or defamation).
2. Not to threaten an unlawful act against us.
3. Not to falsely accuse us (priately to us only) of having comitted an unlawful act. Example: "You sold my email to spammers! (violation of CAN-SPAM Act)"
Violation of contractual obligation (1) not to commit an offense will result in immediate, permanent, public blacklisting and only an enforceable court order will remove it. We give violators of (2) and (3) a chance to apologize and retract their threat or accusation. When they persist, we assume they will enact their threat of an unlawful act or make their libelous allegation public and publicly blacklist them as per our T&C. Offenders such as Dejan Gitin (his mug is below, right) have tried every imaginable method to get a public blacklisting removed and that always results in us greatly increasing their blacklisting-exposure by putting them on every page (bottom-right) of our website, for example.
Examples of things that do not work but will get a person extremely prominently blacklisted - we could even make a dedicated website/web page about such customers to ensure there will be maximum consequences for them as well as prominent debunking of their libel:
a. A DMCA takedown request. We'll respond with a Counter-DMCA and two weeks later, the (extra) blacklistings go back up.
b. Telling our payment processor we're criminals. Our payment processor knows we blacklist fraudsters, agrees with the practice and is very happy about the reduced chargeback rate.
c. Telling our web host we are criminals. Our web host knows we blacklist fraudsters, thinks it's none of their business and does not want to lose us as a long-time customer of a dedicated server.
d. Telling our Registrar we are criminals. Our Registrar has heard that story before and knows it is a lie.
e. A GDPR claim. Publicly blacklisting customer data for breech of contract and fraud is not a violation of GDPR and the GDPR authorities know that. We and they have dealt with that before.
f. A police complaint against us with our local Police, telling them we are criminals. Our Police could not care less about some weird foreigners whining about "criminal company, they hurt my feelins, boo hoo". Also claiming we're a huge international crime ring, taking money but never actually shipping merchandise will not capture their interest - but it will open the CUSTOMER up to a prison sentence.
g. Posting fake "bad reviews" and other defamation all over the Internet. We monitor such libel and simply give our version of events in the thread. Often our customers will comment that we only blacklist fraudsters. Our attorney supoenas for the identity chain of the offender and when the offender or publisher is in any other country than the US, we take legal action - first trying to settle, then a lawsuit for damages, penalties and legal costs. In severe cases, we also sue US citizens, but always for a seven-figure amount. We sue in the Czech Republic because Czech court orders are enforceable in the US without appeal or delay - ask any US attorney. Defamation carries a two-year max. sentence here in the Czech Republic. The EU extradites to Czechia without appeal or delay. A Czech court will sentence a non-EU citizen to a fine, enforceable worldwide as per treaty.
h. Filing complaints with official bodies such as the Better Buiness Bureau, a local politician or any other 3rd party.
i. Creating anonymous blogs where our company and its employees are doxxed and accused of heinous crimes. We supoena for the identity and proxy-IP-chain until we know the identity of the libeler - and sue.
j. Letting an attorney threaten us with legal action. We'll add them to the blacklisting, noting how they must be desperate for work when they take small assignments from fraudsters.
k. Suing us and winning. We'll hire a lawyer to represent us in court. When there is a judgment against us, we will try to find a way to legally still be able to have a blacklisting of some kind, under some permissible free speech exception.
l. Persuading Google via legal means to delist the page where they are blacklisted. Google always notifies webmasters of such an enforced delisting and we then create a PHP version of the page that randomizes the URL every few weeks so that an attorney will have to demand renewed delisting constantly. Google will at that stage refuse to delist.
m. Murder threats. We love murder threats because it gives us the opportunity to thoroughly teach that "customer" that crime does not pay. We file a Police complaint with the Embassy of their country here and they are treaty-bound to forward the complaint to the local Police of the "customer" and provide us with the case number. The "customer" will get a criminal record in their own country and be denied entry to the EU forever, as well as publicly exposed as someone who makes murder threats."I know who you are and where you live so it's easy to get this settled" is a thinly veiled murder threat intended to cause great distress - which means it qualifies legally as a murder threat and is a criminial offense.