Truth Behind Dark Smiley Systems......

Darksmiley, start a legal action against these people that are just ruining your reputation and business without no real arguments. It's a shame what's happening here.

 

maybe he IS making babies behind this business =0

okay cool off, that's a lame joke.

yeah support him if you can. if you're his neighbour, or know him, then order!! haha.. so your 'warranty' is just next door

then come tell us how good his services is.. literally 24/7 service.. 'just a stone's throw away'

but then again seriously, his guy has the guts to take it this far in his business venture.. some adults would even think twice before doing what he has done.

 

If you are going to use life experience, then my original argument still stands. Again, going back to the example I used with Alienware, how much life experience do you think the people responsible for their notebook service department have? I'm guessing they are well over their 20s, yet solving what is clearly a motherboard issue by stubbornly replacing the GPU 4 times is good business (the probability of 4 GPUs being defective in a row is extremely low)? Sorry, but even a 10 year old would realize after 2 GPU swaps, it's not the problem. Point here is that you can have life experience (drivers license, voters registration, legally binding contracts, credit, employment and property), but that doesn't translate to how well one can conduct a business.

And for someone who mentions that last line in the quote, it's kinda hard to see that when you are basically adamant about the experience argument.

 

Strange thread.

Personally I would not mind buying from him assuming I wasn't looking to buy any extended warranties.

 

I think it's quite commendable that young Shane is able to start a business at his age. Bravo! I would say that only in America can such an opportunity be possible. Bill Gates, Michael Dell....We live in an awesome country! However, I think the lesson here for young Shane is something that often eludes the exuberance of youth. That MySpace page has undoubtedly damaged his integrity and puts his honesty into suspect. If I may, Shane, allow me to give you some adult advice. Nothing impress us more that a young person succeeding. It gives us an affirmation of the fighting American spirit! Capitalism rules! But accomplishments alone does not garner respect. Respect and honor must be earned. Conduct yourself always to reflect that. Your business reputation has been damaged. Information about you are now posted all over these forums. It is up to you now to earn our respect. Shane, remember these words, they may be trite and cliche, but these words have been tried and tested true through time. "The truth shall set you free."

Be open about your business, full disclosure, Shane. Be open about who you are. Post pictures of your business operations on your web page. Show everyone what you're all about. Convince us that you're up and up. You'd be surprise how many people will give you a chance. Everyone loves an underdog, and folks are always willing to help out the little guys, as nothing disgusts us more than the corruption and greed of the establishment.

 

When you find yourself in search for a new computer, you'll know where to send your money.

'nuff said.

 

LMAO!

That was a good one...


Just what the thread needed.

 

Wow! Is all this legal? My lord, I would be calling my lawyer a.s.a.p. lol

 

I have, and haven't found anything fishy - nothing like a string of disappointed buyers who saw their paid-for warranties going up in smoke, or an aggrieved landlord suing for unpaid rent where the defendant chooses to not even show up in court - basically, if I recall correctly, I think the most I found were two small-claims judgments - with matching releases by the judgment creditors (meaning the judgments had been paid) - each for around $100 - $200, that seemed to be related to chargebacks (and no, I'm not going to say to whom they related because that sort of stuff is par for the course in a commercial setting, and both judgments were paid, meaning that the debtor honored her or his obligations, unlike some other folks we're all acquainted with).

In terms of Dark Smiley - I've not had the time, or been sufficiently bored, to start poking around on that account, and haven't had any reason to. I'd be more than happy to dig a little and see what turns up in the public record, since that's the sort of stuff that anyone is entitled to see (and, in fact, may be deemed to have seen if it comes to it).

The fact that the business may be run by a 16 year-old isn't that troublesome to me without some other indication that s/he isn't running a good business (I've known 16 year olds who ran multiple newspaper delivery routes in a more business-like manner than many 20 or 30 year olds run their start-ups, so age, standing by itself, is not an infallible indicator that a business is not trustworthy).

The one big concern that it does raise for me is that, since a 16 year-old is below the age of majority (generally 18 y.o.), technically Dark Smiley is incompetent to enter into contracts; however, before anyone goes ballistic, that varies from state to state, and, in particular, every state that I am aware of provides a cause of action in quantum meruit - in the amount merited - that protects a person who provides a minor with money, goods, or services in reliance on the existence of a contractual arrangement.

Thus, if:
(i) Dark Smiley is only 16 years old, and
(ii) is running the business as a sole proprietorship, and not as either an LLC or a corporation (in which case the contracts with the entity would most likely be binding on the entity - LLCs and corporations are always "of age")

then it is likely that a warranty offered by Dark Smiley might not be enforceable as such, although the person who bought the warranty would be entitled to a cause of action in quantum meruit to recover the amount paid for the warranty, plus, possibly, depending on state law, some amount for proximately caused damages.

Now, since some other poster indicated that Dark Smiley does not offer their own warranties, it would appear to be the case that Dark Smiley is acting honorably by not offering something they are not competent to be bound by.

Furthermore, to the extent that the fact that a 16 y.o. is running the business from which you purchase makes you uncomfortable, the simplest solution is to use an appropriate credit card to make your purchase so that, in the event you do not receive the goods ordered, the credit card company will make you whole and then go after Dark Smiley itself.

Anyone want any more?

EDIT: Well, here's more, whether you want it or not.

First, and foremost, the business is actually operated by an LLC, Dark Smiley Systems, LLC, of which Shane Collins is the CEO (very, very smart move by Shane Collins - something that most of his older bretheren, oh, say...Matthew O'Byrne, don't have the business acumen to do - BTW, an LLC is almost always a better entity to use than a corporation, so even on that point, Shane Collins has proved that he's got better business sense than, say, whomever formed PCMW Inc.).

As a result, your purchase and warranty agreements will, generally speaking, be with the LLC, not with Shane Collins, and thus, in general, are completely safe - any issues regarding Shane's purported incompetency to contract will, generally speaking, be a matter between him, the LLC, and its members; almost every LLC formation statute provides that third parties who deal with a person who is held out by an LLC as having the power to bind the LLC will almost always be entitled to rely on that holding-out, and will be protected in the event the LLC tries to undo the contract.

Second, I must have misread the post by someone else whom I thought said that Dark Smiley Systems, LLC does not offer warranties, because the LLC does, in fact, offer warranties.

Also, Dark Smiley Systems, LLC shows up in the BBB database - here.

Just for the really curious (or bored - tired of resorting your sock drawer for the nth time?), here's a link to the Rhode Island Secretary of State's electronic data on the formation of Dark Smiley Systems, LLC. In fact, you can even get a pdf copy of the certificate of formation that Shane filed to create Dark Smiley Systems, LLC, from the RI Secretary of State (how's that for government providing useful services, eh?). Unfortunately, LLCs don't have to file copies of their operating agreements with the Secretary of State, so we're not going to get a copy of that for free.

Now, here's another wrinkle on the 16-y.o. bit; even assuming Shane Collins was under 18 on May 30, 2008, when he signed the certificate of formation, now that it's been accepted by the RI Secretary of State for filing, it's a valid filing, notwithstanding that, as a minor, Shane would probably not have been authorized under RI law to sign the certificate of formation - that is a matter strictly between Shane and the RI Secretary of State, and cannot be used as a ground for any purchaser to try and rescind their purchase agreements, or for Shane to argue that Dark Smiley Systems, LLC is not bound by any agreement it enters into (that used to be a valid ground for complaint, under the so-called doctrine of ultra-vires; however, as far as I know, every state in the Union has gotten rid of that doctrine or severely limited its reach, either by statute or by court decision).

Finally, a search of the Rhode Island UCC database does not find any UCC filings against either Shane Collins or Dark Smiley Systems, LLC, and a search of the Rhode Island list of state tax liens doesn't show any outstanding RI tax liens against Shane Collins or Dark Smiley Systems, LLC. Neither do I find any court decisions for 2008 against either one in either RI Superior Court or RI Supreme Court, although that doesn't really tell you that there were no court actions against either Shane or DSS, LLC, because those were just published opinions and didn't include either unpublished decisions, ongoing cases, or cases/decisions from prior years (if you really want to check it out, be my guest - I've done enough pointing you in the right direction).

Now, about his getting banned for advertising, that wasn't too smart, since presumably he knows the NBR reseller rules. Still, all in all, he seems to have displayed much better business acumen than many small start-up computer resellers. That's impressive by any measure, but particularly if it comes from a 16 y.o. "kid."

Third, even the WHOIS information for www.darksmileysystems.com is correct, something that cannot be said for every other computer reseller, such as the owner of this WHOIS record - go read the registry rules on what information must appear in a registration record - although, at least on this point, PCMW got it right, as their WHOIS information is also correct. Just for the sake of being fair and balanced, here are the WHOIS records for:

Powernotebooks.com and

Xoticpc.com

which both seem to be in order; I imagine that Justin hasn't transferred his domain name registration to the LLC he recently formed to carry on the business of XoticPC largely because (a) there's no need to, and (b) there's probably a fee charged to transfer a domain name registration.

 

Not entirely true. Most 16 year olds can, in fact, obtain gainful employment - or has it been so long since you've visited a fast-food restaurant that you've forgotten how many pimply-faced high-school juniors typically stand on the other side of the counter from you. In addition, in many states, 16 year olds can drive, although many are subject to restrictions, such as only during daylight, or only if accompanied by a licensed driver over 18. As for entering into contracts, that's true; however, every state that I know of also provides a cause of action in quantum meruit that will permit someone who does business with a minor to recover any money, goods, or the value of services they provided to a minor under an agreement that would have been a valid contract had the minor been of-age. Finally, many of these issues with minors (or others who are not considered competent under the law) can be completely side-stepped provided that a parent or guardian has also entered into the relevant agreement.

 

Which is a good idea - a generalized thread containing detailed balanced information on all resellers, separate and apart from Gophn's Clevo Guide thread - that way we could avoid piece-meal threads that, taken out of context, get confused with mere ad hominem attacks on a particular reseller.

How about if you get the thread set up?

 

Always gotta be the voice of common sense, dontcha?

 

So basically his business is tottally legit and there is no known business problems. Wether you mind buying from him or not is entirely up to you

Personally I would if I leaved nearby. Well at a distance of a newpaper distribution route . Nevertheless it seams that warranties are covered by another private company so there might not be a problem there.

I really like the idea that minors can start doing business. If the EU adopted that practice amongst others instead of making up practices that in the end defends people with money maybe. In contrast start letting the market decide if an initiative is valid or not and maybe things would run with less burocracy, less expensive and more people would make more money.

Trance

 

In the example of item a), I did stipulate many states. Item c) was too vague on my part, I should have clarified ie; a loan application or phone service contract. As for having a job, to the best of my knowledge, a minor under 16 must have parental consent, the same is true of a driver license.

So in those two examples, the parents are expected to supervise the actions of the minor, ensuring rules are obeyed and to support a positive learning experience. The use of the term experience (experience and a lack thereof) is not an attack against the person in question but rather an opinion based on relative information available ie: myspace pictures and statements.

Using a credit card is and has always been the single best line of defence a buyer has when purchasing online and from brick & mortar retailers.


The natural conclusion is caveat emptor.

 

As it always is, and always has been for almost three thousand years, ever since they invented ancient latin.

 

shyster never fails to come up with a very LONG and RESEARCHED stand...

wow.

 

Shyster is the unofficial NBR Counsellor.

 

The Truth Behind Dark Smiley Systems is the fact that he is in fact 16. Another fact is the "boy" should be considered a man for trying to create and run a business at the age of 16. Why would we put down someone who is trying to get a head start in life? We should praise a young man who is willing to grow up and start his own business.

Building notebooks and desktops are not hard, determining a problem with PCs are. Maybe Mr. Collins isnt the one physically building them or repairing them. so what? I am sure he is learning as his employed techies handle the situation. Give the "kid" a break as he is attempting to expand his knowledge of the computing world. If anything we should help him out, who knows some of us could end up working with or even for him in the future.

Oh and by the way, his myspace is his personal life. Everyone has fun outside of work. Though he owns a business he is still a child at heart and I am sure he is very professional with his customers and the vendors and distributors that he purchases from. Everyone acts differently in different situations whether they know it or not. Let's just leave the guy alone and let him build his company.

 

This is an automatically generated Delivery Status Notification

Delivery to the following recipient failed permanently:

[email protected].

Technical details of permanent failure:
Google tried to deliver your message, but it was rejected by the recipient domain. We recommend contacting the other email provider for further information about the cause of this error. The error that the other server returned was: 553 553 sorry, mail to that recipient is not accepted (#5.7.1) (state 14).


Can anyone else get an e-mail through or is gmail blocked for some reason?

 

In my opinion, i think he doesn't know the trouble he is entering, as any one at his age. Yes, computer building isn't magic, but customer support is a nightmare.

Being a teenager is a problem? No. But handling a virtual store alone is.

I truly can´t imagine a 16 years old person spending all his free time building/fixing computers. Tbh, let say he gets 10 orders, that means no free time until fulfilled the delivery eta (freaking hard work). Not counting: bank/tax/ mail work for each build.

I think, the natural steps on computer business is: start as a hobby, them slowly building a home shop selling to friends/college people and, at last, open a internet store (if it really comes out to be your profession).

And this doesn't seems the case. I feel a teenager with good faith that believe he can handle a internet store alone as it were a hobby.

My advise, at end, is: i would only buy if i lived near or i know him personally.

 

Okay....let's vote him in...so he can be "Official"! I think he deserves that status!

Man...I wanted to cry after reading this ....But seriously, you are making sense..and you are right w/ all you've said IMO.

 

hmm, I actually e-mailed him this morning via my g-mail account and didn't get that message. But usually when you send an e-mail to that address, an automated e-mail should come from his server saying that he will reply shortly.

 

Mr. Collins,you got another account?

 

Did the admin email address come from the website? If so, I wouldn't put too, too much stock in it being bounced, as I'm guessing that the site itself is hosted as a virtual host on a commercial server provided by a hosting service, and the webpage was probably generated by a WYSIWYG editor that sticks that email address in by default - meaning there's no guarantee that the email address is, in fact, activated on the mailserver that relates to the domain darksmileysystems.com.

Instead, try the administrative contact email that is provided in the WHOIS registration data, in this case: [email protected]

That is much more likely to get you results, or to be a telling piece of evidence if your email gets bounced from that address (keeping in mind that it may be attached to a residential account, which might have very low limits on how many messages the mailbox can contain.

Finally, try the instant chat feature from the contact us webpage. Just for funsies, here's a direct link to the instant chat feature.

EDIT: Yup, running as a virtual host on a commercial server. The IP currently assigned is 72.167.131.52 which, if typed into the browser address bar, leads to a 403 Forbidden error page on a server named AppStuff, which BTW, is running Apache/1.3.33. This webpage shows some of the other websites that share the same IP address.

2d EDIT: Even better is this wepage from whois.domaintools.com, which shows, among other things, that Shane Collins appears to own 24 other domain names. Since that's more than would be accounted for by the .net, .org, .bus, and etc. variations on the .com website, it would appear that he's at least not a naive babe in the woods when it comes to operating on the internet.

3d EDIT: Ok, so this is a little silly, but there's an amusing little online tool available from www.dnsstuff.com called the CSE HTML Validator, which shows the darksmiley frontpage to be reasonably clean; however, the notebookreview frontpage is littered with errors, at least according to the CSE validation tool.o:

 

░▒Thrice ↑

 

I am not mr collins. I am actually someone who deals directly with him. I am actually located in California. If anyone needs a cell phone number to call and confirm then please pm me. I just dont like people picking on someone trying to achieve something. Everyone has gone through that phase and I guess that is why some of you are doing it to Mr. Collins.

 

This thought has crossed my mind as well....an IP √ will tell
(usually)

 

Not that you're whacking on everyone, but just to put my in,

not everyone here is attacking Mr. Collins who, in my humble little opinion, at least seems to have gone to the trouble of setting things up properly and in a very business-like manner.

 

No one is attacking Shane Collins, merely discussing the merits of his business venture(s).

On a side note, "Mr", as a title, seems at odds for a 15 year old child.
Wikipedia
Merriam-Webster

 

i know not everyone is attacking him, but as you know just one person with their massive accusations all over the forums can ruin one business. The only case being made by the people on offense is that he is not 18 which is a very small case but a compelling one. If no one were to exploit his age and none of his customers knew would there even be an issue here?
Is there anyone here who would have mind having their own business at 15? 16? 17? Would any of you with all your knowledge and experience in life not want to go back and attempt to start your own business at such a young age to get a head start?

IP check all you want. I can even back you with my cell phone number if needed.

My honest opinion is we should just let MR. Collins run his business because it is his store. If his business does not survive through a year he will learn from it and if he does survive then he proves a lot of people that stereotypes high school students.

Lets go with an old quote: Can't We All Just Get Along?

Just a note to killernotebooks, to sort of elaborate and help you out. Since you think Mr Collins has the abilities of a young child then why would you get all riled up about how he is running a business at that age? If you're expecting him to fail then just let it happen right?

 

i think only chaz or admins can do that...

and i still think that you are mister Collins... or his dad/friend/relative and he is sitting right next to you-may i know how do you "deals directly with him"?

 

Not at all, at least in English and Welsh society, and more generally in (somewhat) common usage; boys under 13 are generally referred to as "Master" and boys 13 and older (some of whom, might also be men ) are referred to as "Mister" - at least among those who still attend to the niceties of honorifics.

"Mr. Shane Collins" is, thus, an appropriate moniker with the appropriate honorific attached.

 

thank you Shyster for clarifying things up on the title of MR.

I actually sell products to Mr Collins, and I must say, his technique/idea is great. Selling real close to cost and only charge for labor instead of marking up an extra $1,000 per order. I know some of the other system builders/integrators need to make a certain profit, but since darksmileysystems is new and not that big of a company he has the ability to make less money with more sales since he does not have more then a couple employees to pay.

 

I love the different things that I learn from these forums!

All things considered, I am impressed by what he has done, but I would probably not give ANY internet startup an order with a value of 2-3K$.

 

and how old are u?

 

Of course I would...I'd take Google, Yahoo 9/11/2001 with me but the point is he lacks the "knowledge and experience in life" that your suggesting he somehow has.

Unless he completed a slingshot around the sun in a Klingon Bird of Prey, I don't think he has either knowledge or experience in life----YET.

Given he has completed many of the steps required for proper business ownership as well as contacting AMD, Sager and OCZ for reseller accounts, I'm impressed. Impressed enough that my next computer purchase will originate with him? No. I will most likely go back to RJTech and to be blunt, I was ½tempted to order the Criterion but didn't.

 

Let us agree----to disagree.

 

I am 21 and I worked hard to get to where I am. To be working for a multi-million dollar company at such an age is achievable. I can safely say I have a decent resume and I plan to start my own business in a couple of months. Possibly next year, I still have a decent amount of choices that I am still deciding upon.

 

cong!well done! and which mmilion company?

 

i work for a multi-billion dollar company....muhahahahaha...

oh yeah number 2 in their industry sector.... and gaining speed....

 

Agreed. I work for McDonalds, a multi-million dollar concern, and make a mean hamburger! I wasn't able to get this job until I was 34.

 

LMAO

Can I get two Big Mac value meals please?
and a 4 piece chicken mcnuggets with sweat n sour.



No really....can I have my order now?


Oh, your SOOO fired little man!

 

If this teaches me anything, it will be that from now on, if I'm going to lay down $3,000+ ($4k+ in my case) for a product, be it a notebook or anything else, I will demand verification from the seller. It is only natural to become suspicious about a business when you go on their website and not be able to find a physical address or contact phone numbers. I hope that all credible vendors will be more open and have on their websites photos of their facility and operations, as well as photos of themselves and of their staff. I prefer to do business with real people than avatars. Doing so will earn my trust more than any fancy animations.

 

He would also need a Special Limited Permit to work in RI and follow these guidlines:

If you're 14-15, you may NOT be employed:
If you're 16-17, you may NOT be employed:

During school hours.

Before 6:00 am or after 7:00 pm, except during school vacations when work is permitted until 9:00 pm (NOTE: For businesses covered by Federal Law, work is permitted from 7:00 am until 9:00 pm from June 1 until Labor Day.)

More than eight hours per day.
(NOTE: For businesses covered by Federal Law, more than 3 hours per day on school days)

More than 40 hours per week.
(NOTE: For businesses covered by Federal Law, more than 18 hours per week in school weeks, or more than 40 hours per week in non-school weeks.)

EXCEPTION - An exception is provided for minors employed pursuant to a Work Experience and Career Exploration Program (WECEP).

and to drive:

Limited Instruction Permit
If you are between the ages of 16 - 18, you need to have completed a 33 -hour driver education course certified by the Community College of Rhode Island.
The Rhode Island Driver Education Program is administered by CCRI.
If you have completed an out-of-state driver education course it must be approved by the Community College of Rhode Island ( www.ccri.edu). Once you have completed the course and passed the written exam you will be given a certificate. You need to submit that certificate along with a completed permit application to the DMV.
Applicants for permits must show:
A certified birth certificate (not a copy)
Driver Education certificate
A Social Security card
Your parent, legal guardian, licensed foster parent or adult spouse must sign the permit application and have their signature notarized. If your parent, guardian or foster parent accompanies you to the DMV, they must show ID in order to have their signature notarized on the permit application. If you have a legal guardian or licensed foster parent, they must have documentation to verify this.
This permit is valid for one year.
The fee for an instruction permit is $11.50



So in short, he can work but not drive. I wasn't too far off with my guess.

 

I wouldn't laugh too hard; McDonalds can be an invaluable training ground for anyone who takes the time to learn the lessons it provides, in particular about managing people.

The difference between success or failure in almost any business is predominantly linked to how you manage people - even if it's only a matter of managing your clients' expectations - overpromise, and fail to meet those promises, and you'll be doomed, no matter how good your product is (unless, of course, you have a monopoly or quasi-monopoly, like Microsoft, in which case you can shove shoddy product down peoples' gullets for a long, long time).

 

Ahh, but I think you may have missed a point regarding his work. The stuff you reference regarding RI working rules specifically apply to "employment" as in "you may NOT be employed" - but they do not say that "you may NOT work" - and that makes all the difference in the world. Mr. Collins appears to be the owner of Dark Smiley Systems, LLC (either legally, as in he is the only member, or beneficially, as in someone else is the named member but holds title to those interests as fiduciary or agent for the benefit of Mr. Collins) and, as such, when he's putting time into his business, he's not "employed" even though he's working.

The difference may not seem very meaningful to a lot of people, but it can make all the difference in the world, e.g., in respect of payroll taxes - if one is "employed" by a business, that business must both withhold and pay over to the federal, state, and sometimes local governments the employee's portion of the relevant payroll tax, and must itself pay the employer's portion of the payroll tax; on the other hand, if one is merely "working for" a business, for example as an independent contractor, then one is not "employed" and the business has no obligation to withhold and pay over any payroll taxes. Ask anyone who's made the mistake of too aggressively classifying her/his workers as "independent contractors" just how painful that little difference in terminology can be (basically, the IRS makes most debt collectors look like pansies - they're generally politer than the mob, and they don't break kneecaps or use concrete shoes, but after they get finished with you, you will most sincerely wish they had).

Here, since Mr. Collins is the owner of his business, he is almost certainly not subject to the "employment" restrictions you've referenced.

 

Shyster1-

You must be a trip to spend time with. I mean this in a good way...
You remind me of Alex P Keaton...

Oh well...on to the topic.

I had an opportunity to chat with Shawn and I can say, he is ahead of the curve in many areas but behind the industry standard. I went to his web site to check something and was greeted with a pop up prompt requesting a chat session with Shawn. He was knowledgeable, intelligent and articulate but his age was evident during the chat. I have had those same chats with HP reps and Microsoft reps so I have a baseline for comparison. Not knowing the history behind DSS, if I was just a random potential buyer, that chat session would have turned me off. I still would not fund his enterprise but I will watch his growth with anticipation.

 

Um you guys, please understand. This thread is to inform people.

I did not try to attack him in any way. Just letting people know that they are buying from a 16 year old.

There is no problem with 16 year olds (heck, I turned 16 today )!!!

I dont wnat any lawsuits or crap like that. So, I am requesting advice from senoir mebmers whether or not they think that this thread should exist.

I just wanted to help people and aware them.....

 

Sue them all mr smiley!!!!

 

I hope you are kidding. And even if you are, pls dont joke around about stuff like this, a humble request