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Dacarli Jewelry Misrepresented item in advertisement, did not honor return based upon customization even though the item was not truly customized. Boca Raton Florida
Seller's case with my comments in parenthesis:
This buyer has simply changed her mind (this statement is his opinion and not based on fact). She ordered a custom made ring, which is stated to be non-returnable (the ring was not customized. Different shaped diamonds were set in uncustomized settings). I have all the e mail correspondence showing that she was told I would modify our stock ring to her specifications as a special order.
Her claim that the ring weighs less than stated is misleading (the ring weighs a third less than is stated in the item description. Sizing down less than a whole size on two very thin bands does not compute to this much of a weight difference).
Our stock item, in a stock size of 6 1/2 does weig 5.5 grams (how can this be proven?). Her custom made set of rings, made in a substantially smaller size, and with altered settings, for the stones shape she desired, does weigh less (if the diamonds are bigger, it would make sense that the settings that hold them would also be bigger - why such a significantly less difference in the weight?).
Please let me know if you want me to send all the copies of our email correspondence. It clearly shows that this reason, was stated after she requested a refund, for completely different reasons (I requested a refund because the setting was not as described, not customized, and the rings did not fit together as they should, either due to poor design or poor craftsmanship).
She claimed that the 2 ring set did not fit together properly, and that she was hoping that the marquise diamonds, which she substituted for the baguette diamonds, were smaller than she wanted (I was not hoping that the marquise were smaller than the banguettes; I was expecting them to larger. Our email correspondence clearly states this). When asked about the size of the marquise diamonds we would use, I clearly stated that we would put in the largest ones that the space would accomodate (he also stated that they would be larger than the baguettes).
As for the rings not fitting together , I informed her that we had numerous images of the ring set fitting together perfectly (I have the ring and they do not fit together well). I will make the images available to you at your request.After being informed of the above, she THEN complained about the lighter weight (a valid complaint).
There was no claim as to what the ring set would weigh (this is true, he didn't state in our correspondence that the rings would be significantly lighter, otherwise I would not have ordered the ring. But, there was a claim that the design was 5.5 grams in the item description on the website), because they were being custom made according to her specs (simply not so). The 5.5 grams is the weight of the set she did not buy (if the diamonds are bigger, it would make sense that the settings that hold them would also be bigger and he said they would be - why the weight difference?).
However she also wanted the set to be in a smaller size (finger size, not design size) than the original set from which she made the modifications (still not enough and not a valid argument for one third less gold).
Please inform me where to send all the documentation. Thank YouHoward Rothauser
(Additionally, the ring was stated to be valued at twice the listed price because I was buying "factory direct." The obvious question would be, "How can a ring weighing less than 4 grams and with no artistic detail such as hand engraving be worth so much? He also stated that the design would be added to their line but would not take the ring back because it was customized. If the ring would be added to their line, a return would simply mean that the store would have one more in stock than it had before. He actually added the design to his website but promptly removed it when this argument was presented in our email correspondence.
Howard Rothauser has an answer for every dispute I presented which indicates to me that he's been at this for quite some time; "this" being fulfilling orders with far less valuable items than advertised.
Beware that anyone can put up a splendid website and include testimonies that are not real. Beware that anyone can say they are customizing the design when they really are not. Beware that if you buy something online, it can differ greatly from the description. Be informed that sizing a ring down .75 on thin bands does not compute to the weight of the gold being >30% less than stated in the description. Beware that disputing on PayPal will likely be decided in the seller's favor, even if the item is NOT as described.
Lucyjava
Sun City, California
U.S.A.
Click here to read other Rip Off Reports on Household Services Plus aka Union Plus aka GM
12 Updates & Rebuttals
tsigler
Corona,California,
U.S.A.
Be Aware - Your Credit Card Company won't protect you from these scammers, regardless of what they advertize.
#13Author of original report
Mon, August 03, 2009
1. The ring I received was not a custom ring. The merchant made one (1) modification to the existing design. The word custom indicates that the design was my own and the jeweler made the ring based upon a design not offered in his standard line.
2. The item listed for $527.00. I paid an additional $118.00 for the ring. There is no reason the ring I received should be nearly 30% less in gold weight. I DIDN'T ask for the ring to be down-sized; I asked for it to be sized down.
3. It was clearly stipulated by me that the center setting needed to accommodate a 1.02 carat diamond. The merchant never claims to have modified the center setting, which the website claims will accommodate a stone 4 to 8 millimeters in diameter. A 1 carat diamond is ~6.5 millimeters in diameter. Dacarli blamed me for not providing him with the diameter of the stone. If it mattered, which it doesn't, as the professional he claims to be, he might have asked me for it.
4. The merchant's statement that the 2 rings are delicate is very accurate. The bands may be 2 to 3 millimeters wide. of a size difference to the bands will not reduce the gold weight of the entire ring by nearly 30% of these two delicate rings but making the setting too small and flimsy to secure my stone could be a contributing factor.
5. Also, Dacarli stated to customer support (MBNA - FIA) that the gold weight was of no importance. Who was the difference in gold weight unimportant to? It certainly was not unimportant to me. My satisfaction, however, was certainly not important to the merchant per this statement.
6. It is my opinion that I was taken advantage of the moment I requested the modification. There is no logic in enforcing return policies based upon the fact that it was modified when the buyer is led to believe the only modifications will be those requested and not those totally unexpected.
I feel that any other differences in the product other than those requested, should be the responsibility of the merchant and fully disclosed prior to finalization of the purchase; they were not. I expected the ring to be modified as per my requests and was not informed of any modifications other than those I requested.
7. In the merchant's summation to customer service, it states that the item being non-returnable was no surprise to me. It actually truly was. I was told the order would be special rather than custom. The ring is not customized; it was the ring I saw on the website with one (1) modification. The merchant stated unequivically that he would add the modified design to his line so his refusal to accept a custom return actually holds no validity.
SO I LOST THE DISPUTE WITH MY CREDIT CARD COMPANY; HAVEN'T YET HEARD WHY - BUT DOES IT MATTER? DO NOT EXPECT YOU WILL BE PROTECTED THROUGH THE CREDIT CARD AGENCY WHEN AN ITEM OR SERVICE YOU RECEIVE IS NOT WHAT YOU EXPECT.
tsigler
Corona,California,
U.S.A.
I didn't win?
#13Author of original report
Sat, July 18, 2009
I didn't win the dispute? Oops, my bad. Guess I'm not as informed as the seller in the 'disputes' arena; sure glad he was able to clear that up for me. Darn, I had hoped this was all over; I suppose that was wishful thinking.
'Obsession' is just a mean way of saying 'driven' or 'ambitious.'
Out of all this, I got a lesson in poor business practices and internet ripoffs. Hopefully someone learned a bit of vocabulary and that lying about receiving disgusting, obscene, crude or WHATEVER emails will not go unoticed or unanswered. Really, and I am called obsessed?!?
Dacarli Jewelry
Boca Raton,Florida,
U.S.A.
Customer did not "win" dispute.
#13REBUTTAL Owner of company
Sat, July 11, 2009
The customer did indeed place a chargeback on the credit card account. The credit card issuer, has just now started the process of asking us for our side of the story.
So much for her credibility. Whatever the reply to this is, I will not answer it. It just feeds the obsesion of the customer.
tsigler
Corona,California,
U.S.A.
Dacarli, Howard Rothauser - RipOff Sales Facts
#13Author of original report
Thu, July 02, 2009
I realize I am very wordy and people are just too busy these days to read a long-winded rebuttal. So, here's my brief version:
I have not been vulgar at all in our email correspondense, guaranteed. Howard would love to present himself as the victom. The only rebuttal to the weight differencial of the ring was his own.
The traditional definition of the term "Buyer's Remorse" actually is when a buyer makes a purchase after being relentlessly coersed into purchasing an item that he/she doesn't need and can't really afford. Buyer's remorse doesn't apply to those who purchase a wedding set after days and days of shopping to find just the right one. There was no coerstion whatsoever in my purchase. I do have remorse however due to the fact that I was simply ripped off. But not because I simply changed my mind.
My credit card company felt I had enough of a valid case to decide in my favor. BBB is not exactly the best resource as they exist only because businesses pay them to exist.
Simply said, be very careful about your purchases online, especially when it's something as important as your wedding set, the ring you will love and cherish for many years to come and don't let it be a nightmare when that's not what you need to experience...
Buyer, just beware.
tsigler
Corona,California,
U.S.A.
update
#13Author of original report
Thu, July 02, 2009
My "disgusting, vulgar, and obscene language filled emails" - Well, here it is. The one I sent after experiencing the frustration of being thought of as a complete fool that almost nearly qualifies (keep in mind, what follows is merely opinion):
"Why I waste my time on this, I have no clue. Dude, I'm not an idiot. I get that your website is a facade. Seriously, you are no jeweler because if you really, really are, that would make you the biggest liar I have ever had the opportunity to communicate with. Most of us don't try to kid ourselves and most of us know when the jig is up and the news is out. You are either senile or seriously crooked.
First off, I'm not 12 years old or even 30 something. I've been around the block and back so many times you'd be amazed. I've made a study of jewelry and diamonds since I was ~16 and I'm nearly 3 times that age. I've bought and sold tons of jewelry (well, not tons but a lot) and have owned diamonds that could choke you (I really have).
I'm not new to this by any means; I have only been trying to be as polite as possible; just trying to be nice. That's it; I'm done. That's what "okie dokie" means in Southern California ease.
I get that things are tough; there's more information out there online than you could possibly imagine and the things that popped up on you actually made me feel bad that I might be being mean. Now, I realize that you are hard-core so no need to tippy-toe.
I can't believe that suddenly the diameter of my diamond came into play and your response to that, had it not been so ludicrous, would have made me mad. Seriously, and get that I'm not trying to negotiate anything at this point, I'm just trying to learn you something and let you know that there are savvy consumers in this world today, meaning that we're a bit more informed than in the olden days. The internet is something you didn't grow up with but it really is a very good thing and we'll make it better and better by putting info out there that reveals a lot of things that you may not be prepared to face...but whatever, it's time for you to retire anyway!
Bubba, I know as well as you do, you seriously ripped me off. You know as well as I do that if a diamond's diameter decreases, the depth increases and vice versa; one carat is one carat, end of story. What? You mean that the prong length need not be increased due to the diameter size? No, but that can't be right and YET, IT IS! What kind of a fool do you take me for...wait, a fool that would give you $645 for a piece of s**t. So, there it is. "
____________________________________________________________
Yes, paypal closed my dispute and (big surprise - NOT!) BBB sided with the business person who pays them... seriously, he used that?!?
Following is the text I sent to my credit card company and guess what; I won that dispute!!!! There is justice in this world, woohoo! I get that there are two sides to every story but sometimes, people should give it up and admit they're wrong...don't you think?
In summary:
1. I ordered a design listed online as being 5.5 grams in weight with one modification, to set marquise on the sides instead of baguettes and hopefully bigger marquise.
2. I received an item I felt was not sturdy enough to set my stone in; I stated that the ring set didn't fit well
together and I thought, based upon our correspondence, that the side diamonds would be larger.
3. I weighed the ring on my food scale and it weighed only 4 grams. That's a 1.5 gram (30% or nearly 1/3) difference in weight that the seller claims is due to a .75 finger size reduction. A jeweler informed me that sizing would only reduce the weight by less than gram.
4. Additionally, after the seller assured me that the setting would definitely accommodate my 1.02 carat center stone, another jeweler said it might fit but the setting is not appropriate for this size of a diamond and he would not recommend it. The seller's answer for this was that the diameter of stones can vary. The fact is, if the stone's diameter is smaller, the stone's depth increases and vice versa. One carat is one carat and the length of the prongs need not be differently sized because of the diameter. The seller then offered me a new larger prong setting at no charge but keep in mind I would still have to have it attached by a local jeweler at a cost to me.
5. Case in point: If the seller ordered 5.5 ounces of gold to fill a set of orders and only received 4 ounces, even if he only needed 4 ounces, he would very likely insist on getting the 1.5 ounces he was shorted.
First he says that there is no problem for the setting accommodating my stone, and then I am blamed because I didn't provide him with the diameter of the stone. He didn't ask for it either.
He offered to sell me another ring with no diamonds, stating it would be 5.5 grams and then he later explains how the weight can vary 10%. My question is that if the jeweler knows this, he/she should account for this in the design and if the setting weighs more than anticipated there would likely be no complaints.
6. The seller called the order custom (or special) even though he had previously stated they would add the design to their line.
____________________________________________________________
In conclusion, either this guy has a twisted sence of reality or maybe we just disagree. Fact is, if I had gotten what I was led to believe I would get, we wouldn't be needing to post it here, right?
Howard Rothauser insists that I have experienced buyers remorse. Granted, I AM REMORSEFUL for having gone through this experience. However "buyers remorse" occurs when you purchase something you don't really need and can't afford after being strongly coersed by relentless salespersons. People don't buy wedding sets because they don't need them and they certainly don't shop on line for days and days to find just the perfect one if they don't need one. That's completely different from the traditional definition of the term "buyers remorse." It's a great catch phrase for sellers in an attempt to excuse themselves for displeasing customers. In my experience, Dacarli tries to hide behind their "custom" and "special order" return policy to get away with selling items that are less than what they're advertized as being. Honestly, now do you see what I have been dealing with? That email, the one where I was vulgar and crude or whatever, surly you see that I held my tongue; I could have been far worse and I wasn't.
You all be very careful, ya hear?
Dacarli Jewelry
Boca Raton,Florida,
U.S.A.
Buyers Remorse
#13REBUTTAL Owner of company
Sun, June 28, 2009
This is the last time I will deal with this matter. The client simply has a case of buyers remorse. Her claims re: gold weight have been rebutted, and she now concurs that even an independant jeweler has confirmed that this is custom made. All else is pure nonsense. Paypay has refused her claim. And Paypal almost always sides with the buyer. The BBB has dropped her case. She has sent disgusting, vulgar and obscene language filled emails.
We have over 780 online transactions this year alone with only her complainy. Enough said.
Dacarli Jewelry
Boca Raton,Florida,
U.S.A.
Buyers Remorse
#13REBUTTAL Owner of company
Sun, June 28, 2009
This is the last time I will deal with this matter. The client simply has a case of buyers remorse. Her claims re: gold weight have been rebutted, and she now concurs that even an independant jeweler has confirmed that this is custom made. All else is pure nonsense. Paypay has refused her claim. And Paypal almost always sides with the buyer. The BBB has dropped her case. She has sent disgusting, vulgar and obscene language filled emails.
We have over 780 online transactions this year alone with only her complainy. Enough said.
Dacarli Jewelry
Boca Raton,Florida,
U.S.A.
Buyers Remorse
#13REBUTTAL Owner of company
Sun, June 28, 2009
This is the last time I will deal with this matter. The client simply has a case of buyers remorse. Her claims re: gold weight have been rebutted, and she now concurs that even an independant jeweler has confirmed that this is custom made. All else is pure nonsense. Paypay has refused her claim. And Paypal almost always sides with the buyer. The BBB has dropped her case. She has sent disgusting, vulgar and obscene language filled emails.
We have over 780 online transactions this year alone with only her complainy. Enough said.
tsigler
Corona,California,
U.S.A.
Update - Impartial Jeweler Comments
#13Author of original report
Wed, June 10, 2009
The ring was advertised to weigh 5.5 grams @ a size 6.5 (as later stated by Dacarli). The jeweler confirmed that the ring does weigh 4 grams at a size 5.75 (size stated by Dacarli).
Because I wanted honest and unbiased advice, I didn't tell the jeweler I spoke to that I ordered the rings on line and was displeased. I only asked for a quote, stating that IF I wanted to down size the ring to a different size, a size 5 (or .75 of a size), how much would the weight be reduced. He told me it would reduce the weight by less than 1/2 gram (both rings), which sounds pretty accurate to me.
I didn't have the gold tested to be sure it is actually 14K as I had no way of explaining to the jeweler why I needed to have that done unless I revealed my purpose for the request.
I do know that .75 size reduction does not equate to 1.5 grams of gold. That would be obvious to anyone who has taken Jewelry Making 101 as I did. I'm not saying that taking Jewelry Making 101 makes me an expert but is does make me informed. An impartial jeweler confirmed this.
I told the jeweler I have a 1 carat diamond for the ring at home and asked him how much it would cost to set it in this ring. He said that the setting was not appropriate for the 1 carat diamond and advised me to use something between .5 and .75, maybe from one of the earrings I was wearing at the time. He stated that is as large as the setting could fit appropriately. The seller's answer for this was that the diameter of stones can vary. The fact is, if the stone's diameter is smaller, the stone's depth increases and vice versa (you don't have to be a diamond expert or a math expert to know this!). One carat is one carat and the length of the prongs need not be differently sized because of the diameter. The seller then offered me a new larger prong setting at no charge but keep in mind I would still have to have it attached by a local jeweler at a cost to me.
First Dacarli (Howard Rothauser) says that there is no problem for the setting accommodating my stone, and then I am blamed because I didn't provide him with the diameter (even though this is immaterial) of the stone. He didn't ask for it either (and we all know why, it's immaterial).
He offered to SELL me another ring with no diamonds, stating it would be 5.5 grams and then he later explains how the weight can vary 10% (.55 + >.5 grams for sizing still only equals ~1 gram). My question is that if the jeweler knows this, he/she should account for this in the design and if the setting weighs more than anticipated there would likely be no complaints.
The seller called the order custom (or special) even though he had previously stated they would add the design to their line. He later back-peddled and stated that they would HAVE to add it to the line as a result of the return. So he planned to anyway but now he would "have to" ???
The jeweler did support Dacarli's assertion that the side settings were made specifically for the marquise. 1 point for Howard.
I really wish that I had gotten what I was led to believe I would be; I would not be posting on this forum. Instead, I would be happy and could get on with other more enjoyable and productive things. What a waste!
tsigler
Corona,California,
U.S.A.
RE: Dacarli's Rebuttal
#13Author of original report
Fri, June 05, 2009
Dacarli: "If they do not like what they themselves have designed, they can simply fabricate an excuse for a return."
My response: I did not ask for the ring to be >30% lighter and too flimsy to hold my stone.
Darcarli: "Just as we completed making the rings for her, in her finger size, at no extra charge, she emailed and asked 'if we had not yet mailed the item out, can she change her mind and order another style, customized according to her specifications. I bit the bullet and agreed. I also stated that it would be non-returnable."
My response: He stated it would be customized, not that it wuold be "non-returnable." I concede however, that his return policy does actually state that a customized item is non-returnable. I do argue that he should have been forthcoming with more detail and informed me that the ring would be much lighter (and therefore less valuable) than the design he had online. I did pay more than $100 extra for the marquise. I'm not saying they're not worth nearly $30 a piece more because I don't really know.
Dacarli: "The style she ordered was a 15 year old design, popular in the 1990's. This was a considerable change. It was not logical, it was so completely different. But the customer is always right."
My response: I did change my mind after browsing his site a bit more. He can not prove that he had already made the ring.
Additionally: In all fairness, I will take the ring to a jeweler to have it weighed on a jewelers scale to get a more accurate weight. I will have the jeweler evaluate whether the reduction of weight is due to the size of the ring set and/or its customization. I will have the jeweler test the gold to see if it is truly 14K. I will also have the jeweler document whether the settings would accommodate either shape (marquise or baguettes) to verify if the ring was truly customized. Regardless of the outcome, I will post the results here to either support my statements or his.
Dacarli Jewelry
Boca Raton,Florida,
U.S.A.
Customer Experienced Buyers Remorse
#13REBUTTAL Owner of company
Thu, June 04, 2009
As the owner of this company, I have been aware this kind of a situation might occur one day. We make special efforts to inform customers that special orders such as customized product is not returnable. It is clearly stated on our site, and we also say so in our email correspondence.
We have completed over 700 online sales since Jan 1 of this year. We had one return. We had 2 pieces returned for an upgrade to a larger diamond. This is our first complaint.
I have been aware that this would happen someday. This forum is available to anyone with a compalint. Valid or not. The client has taken our email to her and inserted comments in parenthesis, which are patently untrue, or her non expert opinion. An example of this is her assertion that we simply sustituted marquise diamonds in place of baguettes. In order to make this switch, required making 2 new ring master models with marquise setting boxes. She is not a jewelry designer. I am. She just does not know.
She does go on and on about a weight difference. I am sure that the set weighs less than the stock size, because it is made in a smaller size. How much less it is, is purely a result of a smaller ring being made for her.
Anyone can file a complaint. WE HAVE A LINK ON OUR SITE TO THE BBB. THERE ARE NO COMPLAINTS. We are accountable and will work with any client reasonably. When someone is unreasonable, we become the victims ourselves. We all know people who use the principle of the squeaky axle gets the grease. This is a case in point.
There is simply no protection for the above type of case. We do what the customer wants. If they do not like what they themselves have designed, they can simply fabricate an excuse for a return. In this case, I had a feeling there was going to be a problem from the beginning of the order process. The customer ordered a wedding set, one of our most popular and newest designs.
Just as we completed making the rings for her, in her finger size, at no extra charge, she emailed and asked "if we had not yet mailed the item out, can she change her mind and order another style, customized according to her specifications. I bit the bullet and agreed. I also stated that it would be non-returnable. The style she ordered was a 15 year old design, popular in the 1990's. This was a considerable change. It was not logical, it was so completely different. But the customer is always right.
We documented the piece with many images, for our own protection.
tsigler
Corona,California,
U.S.A.
Dacarli Jewelry Misrepresented item in advertisement, did not honor return based upon customization even though the item was not truly customized. Boca Raton Florida
#13Author of original report
Wed, June 03, 2009
Seller's case with my comments in parenthesis: This buyer has simply changed her mind (this statement is his opinion and not based on fact). She ordered a custom made ring, which is stated to be non-returnable (the ring was not customized. Different shaped diamonds were set in uncustomized settings).
I have all the e mail correspondence showing that she was told I would modify our stock ring to her specifications as a special order. Her claim that the ring weighs less than stated is misleading (the ring weighs a third less than is stated in the item description. Sizing down less than a whole size on two very thin bands does not compute to this much of a weight difference). Our stock item, in a stock size of 6 1/2 does weig 5.5 grams (how can this be proven?). Her custom made set of rings, made in a substantially smaller size, and with altered settings, for the stones shape she desired, does weigh less (if the diamonds are bigger, it would make sense that the settings that hold them would also be bigger - why such a significantly less difference in the weight?). Please let me know if you want me to send all the copies of our email correspondence. It clearly shows that this reason, was stated after she requested a refund, for completely different reasons (I requested a refund because the setting was not as described, not customized, and the rings did not fit together as they should, either due to poor design or poor craftsmanship). She claimed that the 2 ring set did not fit together properly, and that she was hoping that the marquise diamonds, which she substituted for the baguette diamonds, were smaller than she wanted (I was not hoping that the marquise were smaller than the banguettes; I was expecting them to larger. Our email correspondence clearly states this).
When asked about the size of the marquise diamonds we would use, I clearly stated that we would put in the largest ones that the space would accomodate (he also stated that they would be larger than the baguettes). As for the rings not fitting together , I informed her that we had numerous images of the ring set fitting together perfectly (I have the ring and they do not fit together well).
I will make the images available to you at your request.After being informed of the above, she THEN complained about the lighter weight (a valid complaint). There was no claim as to what the ring set would weigh (this is true, he didn't state in our correspondence that the rings would be significantly lighter, otherwise I would not have ordered the ring. But, there was a claim that the design was 5.5 grams in the item description on the website), because they were being custom made according to her specs (simply not so). The 5.5 grams is the weight of the set she did not buy (if the diamonds are bigger, it would make sense that the settings that hold them would also be bigger and he said they would be - why the weight difference?). However she also wanted the set to be in a smaller size (finger size, not design size) than the original set from which she made the modifications (still not enough and not a valid argument for one third less gold). Please inform me where to send all the documentation. Thank YouHoward Rothauser (Additionally, the ring was stated to be valued at twice the listed price because I was buying "factory direct." The obvious question would be, "How can a ring weighing less than 4 grams and with no artistic detail such as hand engraving be worth so much? He also stated that the design would be added to their line but would not take the ring back because it was customized. If the ring would be added to their line, a return would simply mean that the store would have one more in stock than it had before. He actually added the design to his website but promptly removed it when this argument was presented in our email correspondence.
Howard Rothauser has an answer for every dispute I presented which indicates to me that he's been at this for quite some time; "this" being fulfilling orders with far less valuable items than advertised.
Beware that anyone can put up a splendid website and include testimonies that are not real. Beware that anyone can say they are customizing the design when they really are not. Beware that if you buy something online, it can differ greatly from the description. Be informed that sizing a ring down .75 on thin bands does not compute to the weight of the gold being >30% less than stated in the description. Beware that disputing on PayPal will likely be tsigler Corona, California