Joshua Yi
2096 Hibiscus St.
Corona, CA 92882
(951) 220-2703
February 15, 2022
To:
Nick Rafael Mocuta
Chief Executive Officer,
Happy Smiles, LLC
9120 Double Diamond Parkway
Box H271
Reno, NV 89521
Dear Sir,
Re: DEMAND FOR PERFORMANCE OF CONTRACTUAL OBLIGATION
On 10/12/2021, we entered into an Account Management Services Agreement in which you were to manage my Walmart seller account, Amazon account, Walmart Drop Shipping Business and Amazon Wholesale/FBA Business. I fulfilled my obligation in the contract and wired the required fee of $23,000 as consideration for provision of your services. On the other hand, you have failed to honor your contractual obligations.
You have not given any substantial reason as to why you have not performed your contractual obligations 4 months after execution of the contract. Seeing that I will not be receiving the services I contracted you for, I asked you to refund my money but you declined stating that the contract does not provide for refunds. It is untenable for you to refer me to the same contract whose terms you have refused to uphold.
As a result of your failure to set up my online stores and provide management services for the same, I have suffered and continue to suffer economic loss as I am not able to conduct my business via my online stores.
I have the right to my stores and your management services that I contracted, and I will pursue any legal and equitable remedies available to me against you if you fail to set up my online stores and accounts and manage them as agreed upon in the contract. These remedies include, but not limited to, suing you civilly for damages I have incurred as a result of your actions.
I hereby demand that you start and complete the process of setting up my accounts, managing them and performing all your contractual obligations. You risk incurring legal consequences if you fail to comply with this demand.
This letter will act as a final warning to you to comply with my demand before I pursue legal action against you. At this time, I am not filing a civil suit against you, as I hope we can resolve this matter without authoritative involvement. I am not under any circumstances, however, waiving any legal rights I have presently, or future remedies by sending this letter.
I expect to hear back from you in a timely manner of no more than 14 days from the date of this letter. If my demand is not met within this period, I will seek appropriate relief before a court of competent jurisdiction for full payment of damages plus all costs and interests.
Yours Sincerely,
___________________________________
Joshua Yi
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