New Reviewer

ABSOLUTELY NEW INC. - BREACHES CONTRACT

We are requesting a full refund of our contract "fees". This request is based on the fact that Absolutely New has breached our contract. Specifically, Absolutely New has failed to comply with our agreement with regard to the following sections of our contract: 1) Absolutely New breached our contract according to the Marketing Agreement signed and dated November 30, 2010. Section 3 (sub-section 3.2 titled Installment Terms) is an agreement that requires my partner and I "… to execute a separate agreement allowing ANI to automatically withdraw the payment on the specified due date from a credit card or checking account over which the client has control…" ANI did not offer or require us to sign a separate agreement to pay our fees. 2) "Schedule 1 - Services" (Item #4): We were not given a virtual model within 45 days. We have not been given a virtual model as of the end of the contract. Not making the model available, as part of the package that was sent to the potential acquirers was seriously detrimental to the success of acquiring a licensing agreement. This is a direct material breach of contract. Our concept sheet was not completed until mid February 2011 – this is a breach of the contract limitations. Our assigned Product Manager Christina Lett left the employment of Absolutely New, and delayed the final concept sheet. While Christina was our lead contact she ignored several calls, messages, and requests. In addition, Absolutely New made errors by disregarding changes to the concept sheet that we put in writing. ANI simply overlooked our editing changes; this further delayed the project. Serena Soo took over as our lead contact. We asked her to make changes to the concept sheet and we received resistance. We brought this to the attention of ANI's legal counsel, and we were given an emphatic apology for their oversight and mistakes. 3) "Schedule 1 - Services" (Item #5, #6, #7): In this schedule it states, "...ANI shall perform the following Marketing Tasks beginning forty five (45) days after the Effective Date..." We were told several times by Absolutely New that they would be attending "...several trade shows on our behalf..." and would specifically represent our invention at these shows. As of this day, we have received no written reports that confirm our invention was represented at ANY trade show. The only confirmation that Absolutely New has attended any trade show on our behalf are verbal comments from Absolutely New staff stating they represented our product at one trade show; the "PGA trade show". We explained to ANI during several phone conversations, and in face-to-face meetings that the "PGA" trade show was not an appropriate venue for our invention. ANI agreed, and said that they would be attending several other trade shows on our behalf, however this has not occurred. In your email today you cited two additional breaches that we did not note in previous emails. The first quarterly report we received was in May - this delivery was untimely, and is a breach of our contract. At your own admission, we have not received the second quarterly report as of the drafting of this email. This is an additional breach of contract. Our contract ended June 1, 2011, therefore; ANI breached our contract by not supplying our report.
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4 comments
#445317

Although AbsolutelyNew disagreed with my earlier posts; we were able to work out our differences. I am now satisfied with AbsolutelyNew's resolution of my invention project so that I would retract my earlier posts if this site allowed me to do so.

#416560

"Shortening" - AbsolutelyNew and I have reached an agreement to settle our differences pursuant to which I am shortening my original post.

#413175

My name is Steve

This company screwed me and many people I know. I am tired of writing complaints on line but am offering you my phone number.

818-445-**** If this company has screwed you or you are considering a contract with them give me a call first. I will point you in the right direction to get the information you need before making your decision as to how you will proceed.

#341356

The complaints are mounting. Keep them coming.

If you have been taken by this company you have to file complaints.

Don't under estimate the power of the World Wide Web. USPTO, FTC, BBB, ATTORNEY GENERAL OF CALIFORNIA, UIA, RIP OFF REPORT.COM

PISSED CONSUMER.COM , YELP

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ID
#255730 Review #255730 is a subjective opinion of poster.
Location
Mount Laurel, New Jersey
New Reviewer

Breach of Contract

Absolutely New, Inc. was paid $23,800 January 7, 2008 by ne to market my invention by procuring a license agreement within the forms of the contract. Within 90 days Absolutely New, Inc. was to deliver each 1. 3 dimentional design, 2. basic animation and rendering, 3. CAD Design control/dimentional drawings, 4. presentation package containing each on CD-CD ROM. They were not received until July 21,2008. The finalization of the one page sheet was 2-17-08. The proofs had mispelled words and grammar issues. Absolutely New Inc is a scam company and should be shut down.
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4 comments
#445320

RETRACTION OF PREVIOUS POSTS

Although AbsolutelyNew disagreed with my earlier posts; we were able to work out our differences. I am now satisfied with AbsolutelyNew's resolution of my invention project so that I would retract my earlier posts if this site allowed me to do so.

#413176

My name is Steve

This company screwed me and many people I know. I am tired of writing complaints on line but am offering you my phone number.

818-445-**** If this company has screwed you or you are considering a contract with them give me a call first. I will point you in the right direction to get the information you need before making your decision as to how you will proceed.

#329295

We are requesting a full refund of our contract "fees". This request is based on the fact that Absolutely New has breached our contract.

Specifically, Absolutely New has failed to comply with our agreement with regard to the following sections of our contract: 1) Absolutely New breached our contract according to the Marketing Agreement signed and dated November 30, 2010. Section 3 (sub-section 3.2 titled Installment Terms) is an agreement that requires my partner and I “… to execute a separate agreement allowing ANI to automatically withdraw the payment on the specified due date from a credit card or checking account over which the client has control…” ANI did not offer or require us to sign a separate agreement to pay our fees. 2) "Schedule 1 - Services" (Item #4): We were not given a virtual model within 45 days. We have not been given a virtual model as of the end of the contract.

Not making the model available, as part of the package that was sent to the potential acquirers was seriously detrimental to the success of acquiring a licensing agreement. This is a direct material breach of contract. Our concept sheet was not completed until mid February 2011 – this is a breach of the contract limitations. Our assigned Product Manager Christina Lett left the employment of Absolutely New, and delayed the final concept sheet.

While Christina was our lead contact she ignored several calls, messages, and requests. In addition, Absolutely New made errors by disregarding changes to the concept sheet that we put in writing. ANI simply overlooked our editing changes; this further delayed the project. Serena Soo took over as our lead contact.

We asked her to make changes to the concept sheet and we received resistance. We brought this to the attention of ANI’s legal counsel, and we were given an emphatic apology for their oversight and mistakes. 3) "Schedule 1 - Services" (Item #5, #6, #7): In this schedule it states, "...ANI shall perform the following Marketing Tasks beginning forty five (45) days after the Effective Date...” We were told several times by Absolutely New that they would be attending "...several trade shows on our behalf...” and would specifically represent our invention at these shows. As of this day, we have received no written reports that confirm our invention was represented at ANY trade show.

The only confirmation that Absolutely New has attended any trade show on our behalf are verbal comments from Absolutely New staff stating they represented our product at one trade show; the "PGA trade show". We explained to ANI during several phone conversations, and in face-to-face meetings that the "PGA" trade show was not an appropriate venue for our invention. ANI agreed, and said that they would be attending several other trade shows on our behalf, however this has not occurred. In your email today you cited two additional breaches that we did not note in previous emails.

The first quarterly report we received was in May - this delivery was untimely, and is a breach of our contract. At your own admission, we have not received the second quarterly report as of the drafting of this email.

This is an additional breach of contract. Our contract ended June 1, 2011, therefore; ANI breached our contract by not supplying our report.

#316810

Cammie, your experience with this company is mild compared to mine. After receiving several letters over a two year period I decided to contact Absolutely New to inquire about their services. I had extensive discussions with Dave Stickel about his company, and was emailed a contract to consider on February 8th 2011. The main reason I decided to hire this company was because of their promise to represent my products at trade shows around the country. Specifically I was assured that if I enlisted their services right away they would be able to include my products at the Chicago Housewares Show on March 7th-12th. I was told that this was the most important show of the year for my type of products which are designer beddings for children. www.pantplanet.com

When I made my decision to hire Absolutely New I was asked to sign the signature page of the contract and fax it to them which I did. The following week I took a trip to San Francisco to see the company in person and deliver a check. Dave Stickel introduced me to Serena Soo. She was the project coordinator that would be handling my inventions. I was again told by Serena that she would be taking my products to the Chicago trade show in a couple of weeks and be represented in their booth. She said she would not have time to prepare my marketing materials for the show but would take some samples and brochures that I provided to her. A few days later I received a hard copy of the contract in the U.S. mail which I put in a file.

After the Chicago show Serena sent me an email telling me that the show went well and that she had spoken to several companies about my products and that they were intrigued. She said that she told them she would be following up with them in the next few weeks once she had finished my marketing materials. It was during the preparation of these marketing materials that the problems began. Serena sent me a draft of the concept sheet that looked like it was prepared by a third grader. I know photo shop so I fixed it myself and sent it back. I was then told that this “one sheet” was in fact the entire “marketing package”. I decided to look at the contract I had been mailed to see if Serena was giving me the “marketing package” as promised in the agreement. The contract said that Absolutely New would prepare a “marketing package” that would include the “one sheet” as a part of the package. I also discovered that a paragraph had been added to the hard copy of the contract that was not part of the original contract Dave Stickel had sent me by email. I did some research and discovered that this paragraph was a disclosure required by California statutes as well as the American Inventors Protection Act of 1999.

When Serena sent me a Quarterly Report for March which had no mention of her follow up with the companies she claimed to have met in Chicago I grew even more suspicious. When I spoke to her over the phone about the report she told me that those companies had passed on my products. When I pressed her for the details and asked why this information was not included in the March Report she was evasive and I felt she was lying to me. I decided to call Chicago and discovered that Serena Soo had never attended the trade show. A badge had been reserved in her name but never paid for or picked up.

I took these issues up with Tony Flores, the general council for Absolutely New. He looked into the contract issue regarding Dave Stickels actions. He confirmed that Dave had purposely tampered with my contract by deleting the paragraph with the required disclosures from the original emailed to me and then attempted to sneak it back into the hard copy that he sent to me in the mail. He told me that Dave was a rogue employee and that he had been fired. With regards to Serena Soo and the Chicago trade show, I was told that Serena claimed that she never told me she was going to Chicago. Richard Donat CEO said its a he said she said situation. Even though I presented them with a copy of the email Serena had sent me in response to a phone message I had left her asking how her trip to Chicago went. In her email she said that the Chicago show went well. She said she spoke to several companies about my products and that they were intrigued. She told them that she would follow up with them in a few weeks after she finished my marketing package.

Tony Flores then offered me a full refund of the fee that I had paid or the opportunity to enter into a new agreement. He then told me that his retail division had a serious interest in my products from Bed Bath & Beyond.

At this point I did not know what to believe. Absolutely New was asking me to forgive the fraud by Dave Stickel, Serena Soo was calling me a liar, and Bed Bath & Beyond was supposedly interested in my products. I told Mr. Flores that I had lost all trust in Absolutely New & in order to make a decision as to how I would proceed that I would have to verify all statements from him and the CEO Richard Donat. I requested proof of Dave Stickels termination, proof of the interest from Bed Bath & Beyond, and proof that Serena Soo had done the work she claimed to have done in her March Report. The only document I got from them was the Dave Stickel termination papers. They refused to give me the other documents I requested, unless I entered a new marketing agreement. I was entitled to those documents under the current agreement I had with them, why would I have to enter a new agreement with them to get it. They then attempted to rescind my contract and said they would send me a full refund. The refund check never came. I recently sent them a letter demanding to be made whole by reimbursing me for all monies that I had spent as a result of my association with their company. I wanted reimbursement of the $20,630.00 fee, all samples I had given them, attorney’s fees I had incurred, and travel expenses. I also requested compensation for 6 months of lost time. They haven’t given me a nickel.

I recently discovered that they have been under a suspended status with the Secretary of State since May 2nd 2011. They were under suspended status when they attempted to rescind my contract. This attempt to rescind my contract under a suspended status is likely punishable by fines and imprisonment. This company was formed out of the ashes of a company called IP&R. IP&R has had numerous complaints. Tony Flores, Dave Stickel and CEO Richard Donat all worked for IP&R. It is my opinion, and experience that they can not be trusted and I would advise everyone to stay away. My phone number is 818-445-**** and anyone can call me if you would like more details of my experience with Absolutely New. Thank God the little guy has the internet with sites like this to get the word out about how they have been treated.

:grin :cry :cry :cry

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ID
#213368 Review #213368 is a subjective opinion of poster.
Location
Chicago, Illinois

About

Summary

AbsolutelyNew is an online store that provides a wide assortment of wellness products and products for home. The store is headquartered in San Francisco. The list of products provided by AbsolutelyNew includes pet supplies, health and wellness items, products for home and garden, tools and hardware, novelties and seasonal products. AbsolutelyNew aims to provide not only high quality items, but also well-designed ones. If you are seeking for stylish and helpful accessories for your everyday life, AbsolutelyNew is exactly what you need. AbsolutelyNew is proud of offering innovative products for any taste and budget.

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