The 357 Customs / Zakk Wylde Guitar Offer!

[Drew]

eh, once we have our guitars, they'll be able to sue, but probably won't have the money or clout to sue

Not even then could they sue - I forget the exact legal definition of slander, but the upshot is it has to be a baseless, unsubstianted public character attack. Considering these should have been delivered in March, it's now June, and they've been hostile and uncommunicative, everything they're having directed at them is pretty damn substantiated, IMO.

Will that stop them from trying? Not necessarily, but all that'd accomplish is that their suit would be tossed and they'd quickly get countersued for damages and legal fees...

 

[Shannon]

Big update here.
http://www.sevenstring.org/forum/showthread.php?t=10263

 

[telecaster90]

Hmm, I guess I coulda posted it here.

Whoops.

Ninja-merge?

edit: This was a sticky? Wow, I suck

 

[Chris]

BERSERKERS,

This is Bob Ringe, Zakk Wylde and Black Label Society's manager.

I have been informed that 357 Customs ran a promotion directed toward Zakk's fans, and that 357 has not delivered merchandise ordered during the promotion.

Zakk has not authorized or otherwise been involved with this promotion, and has not received any compensation from it. When I realized, however, that numerous fans were affected by the promotion, I instructed Zakk's attorneys to contact 357. 357 has acknowledged the substantial delay in delivering merchandise ordered during the promotion, and has promised that all merchandise will be delivered.

I do not know when 357 will live up to their promises, but I will continue to have our attorneys monitor this situation and follow up with 357. I will keep the web site updated as new information becomes available.

A special e-mail address has been set up for anyone involved to supply information on this 357 promotion: Zakk357Problems@aol.com

As more information is obtained , I will visit the forums to update you and try to answer your questions.

S.D.M.F.

Bob Ringe
President
Survival Management, Inc.

 

[Dr.Feelgood]

I've already done my chargeback. At this point, I don't give a damn if I ever see that guitar. According to them, I would have gotten my refund and my guitar eventually anyways, so I just sped up the process

 

[Leon]

That's absolute bullshit in every sense. "I have been informed"? Is Zakk JUST NOW trying to imply that this is the first he's heard about it?! The whole world knows about this nonsense, and has since December. For this to be true he'd need to have been in a coma.

what it probably means is, "i have avoided this messy issue for too long, and should probably get off my ass and say something."

 

[mazafaka]

I am actually surprised that Zakk would say ANYTHING. I mean, I understand that people are demanding it from him, but admitting any knowledge of the deal at any time is only going to get him sucked in...

I imagine that all the emails to Zakk's sponsors and news outlets are actually driving this. Fortunately for me, I considered at the time that it was most likely "too good to be true" and only lost $160, which was not essential $$$. I feel bad for all the guys that spend $400+ and ordered multiple guitars or other items.

 

[mazafaka]

I went ahead and called my CC company (Chase) today and disputed the charge. They told me they would credit my account for the full amount (~$160) and contact 357 for reimbursement. They didn't even ask me to fill out any paperwork. So a goes out to Chase for their customer service. I suppose there is still a small chance of the guitars going out, but I'd rather put the money towards a guitar I will actually get to play this year....

 

[Shannon]

^ I may finally do that as well.

 

[telecaster90]

From another myspace bulletin!

Beserkers, nobody is more upset by 357's unscrupulous activities than I am, and I assure you that I did not know about or approve any of these activities. That is why I have directed my attorneys to take all steps necessary to address this situation. I realize it has been frustrating for you waiting for information, and as soon as the attorneys report to me next week, I will update you with a more complete statement.

Strength, Determination, Merciless, Forever.

Zakk Wylde

www.zakkwylde.com

 

[Ibanez_fanboy]

that doesnt explain alot. does he want his fans to get thier guitars or not?

 

[Drew]

Anyone else think it's the tiniest bit un-metal that Zakk's unleashing his attourneys on the 357 guys?

Like, not going over there with a 30-rack of Bud and kicking some ass, not unleashing some biker buddies, or not getting on the phone, finding an attourney, and putting him to work, but sending his team over and waiting to report back? Like the dude actually does have a team of attourneys at his beck and call?

I know, I know, call me naive, but, well... *shrug*

 

[David]

Anyone else think it's the tiniest bit un-metal that Zakk's unleashing his attourneys on the 357 guys?

Like, not going over there with a 30-rack of Bud and kicking some ass, not unleashing some biker buddies, or not getting on the phone, finding an attourney, and putting him to work, but sending his team over and waiting to report back? Like the dude actually does have a team of attourneys at his beck and call?

I know, I know, call me naive, but, well... *shrug*

zakk isn't bad ass, he never has been, never will be. It's a gimmick.

 

[Shannon]

^ Riiiiight...and I'm sure you'll be the guy who'll stand toe-to-toe with him, Emo boy.

He's gotta do things legally. That's all there is to it.

 

[Mastodon]

Who cares how he does it so long as everyone their guitars or refunds and no one gets hurt.

Though, I did picture him being close friends with the owner and going down there to talk to him personally. Or at least talking to him over the phone.

 

[Scott]

I don't think they were really friends, they just built him a bike IIRC.

If it came down to it, Zakk could threaten a lawsuit for using his name and saying he endorsed this offer, and only drop it when the guitars are sent to those who ordered them. Or he could sue, and compensate those waiting for the guitars himself.

[action=Scott]has no knowledge of this part of law, but assumes its feaseable.<--Is that spelled correctly?[/action]

 

[darren]

Zakk no doubt has a team of lawyers handling his business and licensing affairs. Every endorsement deal he has was likely negotiated by his legal team to ensure that the "brand" of Zakk Wylde is used appropriately. If 357 has been using the "Zakk Wylde" name in association with this promotion, whether directly or implied, then he has every reason to go after them, because they've dragged his name through the mud as well.

I find it really interesting that all celebrity references were removed from their site a few weeks ago.

Have you seen their home page recently?

357 wanted to let everyone know who was or is a part of the promotional programs that have been run from December to the latter promotions that the company is simply behind but, will get everyone&#8217;s order filled in its&#8217; entirety. Concerning the promotions specifically everyone will get refunds as well. We are doing this because this was a promotion and we want everyone to feel good about the promotion in the end.

Due to a computer virus in some of our systems we are taking down the shopping cart until all of the orders are completely fulfilled and that this will not cause any confusion regarding orders or continue to spread the virus.

This statement is being made due to excessive emails and phone calls. This statement is for the sole purpose of stating the fact of inevitable delivery and handling of all customers. We are not going to continue to facilitate every email and phone call at this point concerning this promotion. Please accept this statement as to what we at 357 are committed to and will get done. Anyone who does have a change of address or any other question outside of this promotion please email your inquiry. Redundant emails or phone calls that refer to the promotion please refer back to this statement. Each customer will be handled as quickly as possible. However, throughout the month of June this situation should be remedied.

We are sorry for the inconvenience in the delay.

Thank You,

357 Customs

... and now they've taken down the e-commerce part of their site, blaming it on a "computer virus." Is there an excuse they haven't used yet?

 

[Drew]

I know darren, but the reminder that even rockstars known for their cussing and beer swilling have PR and legal teams is always slightly depressing.

 

[Leon]

i'm pretty happy about Wylde getting involved. legal team of lawyers or illegal team of bikers, i think i might actually get a guitar.

 

[Kagami]

Their site doesn't even have an index, geez, it's just a directory.