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Saved: 5/19/14, 9:28:29 PM Printed For: Cyrus Farivar
From: Vic Mathieu vic.mathieu@kleargear.com 1
Subject: Kleargear.com Public Statement 2
Date: May 19, 2014 at 12:38 PM 3
To: duboisl@dboutiques.fr 4
5
Gentlemen: 6
The text that follows is the first and only public statement that 7
Kleargear.com is going to do about the case of Palmer vs. Kleargear.com.
8
With the exception of minority equity positions held by certain creditors 9
during our restructuring of the company between 2006 and 2011, Descoteaux
Boutiques (DBS) has fully owned and operated the Kleargear.com business
(the domain name is leased) since the founding cataloger ceased its
operations in 2004. Our only presence in the United States and Canada has
been via a network of third-party contractors, as DBS outsources several
key business functions of our businesses on foreign markets including
order fulfillment, warehouse operations, customer service, marketing,
legal, payment processing and collections. Any mail that is sent to
Kleargear in care of any third-party vendor, including our fulfillment
centers operated by Amazon Services and Chenal Brands, will be refused.
None of our third party providers are statutory agents that are authorized
to receive service of process.
10
After we first learned on this dispute on the 22/04/14 via an e-mail from 11
Aubrey Broome at Hoole & King, we have requested more information. No
information has ever been provided. Mr. Palmer's attorney, Scott Michelman
of Public Citizen Litigation Group, has since learned that DBS was never
properly served under the Hague Convention and concealed this information
critical of the court to improperly obtain a judgment by default. Once DBS
has been served, we will vacate the judgment and litigate.
12
In written communication to Mr. Palmer on 4 June 2012, we informed him 13
that the disparagement clause in our conditions of sale was present the 22
December 2008 when he has certified to us that he has read, understood and
agreed to it:
14
"The structure of our sales contract, referenced in your order check-out 15
screens which we have on file from December 22, 2008, had three forks
(today there are two): http://www.kleargear.com/help.html,
http://www.kleargear.com/termsofuse.html and
http://www.kleargear.com/tsaddendums.html."
16
Kleargear's Non-Disparagement Clause has never deleted from our online 17
store in November last year, as it has been wrongly stated; it was simply
relocated with other content on the new URLs (the aforementioned clause
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Saved: 5/19/14, 9:28:29 PM Printed For: Cyrus Farivar
can now be found at http://www.kleargear.com/termsofuse1.html). If a 17
customer disagrees with any merchant of policies they are free to shop
elsewhere.
18
John Palmer's delinquent account was written off in October 2013 and, as 19
part of a annual batch, which has been sold to a collection firm which is
not linked to Fidelity Information Corp. DBS then instructed Fidelity to
delete all accounts transferred from credit reporting agencies. It seems
that Fidelity may have, by error, unable to delete one or more accounts
until March 2014. If Mr. Palmer's debt remains unpaid, it will be
re-reported to credit bureaus by subsequent owners of the account.
20
Ironically, if Mr. Palmer had simply approach Kleargear first last fall 21
and requested a stay to finance their new furnace -- we would have worked
with him. We are human beings. Instead, he has chosen a public forum.
22
Regards, 23
Vic Mathieu 24
Kleargear.com 25
26
Descoteaux Boutiques SARL 27
118-122 Avenue de France 75013 28
Paris 29
France 30
31
Phone: +33 (0) 1 82 88 88 18 32
Facsimile: +33 (0) 1 70 61 59 06 33