Complaint Review: Shenoa And Company aka Shenoa Fine Jewels aka Shenoa & Company

I purchased a ring from Shenoa and Company over the phone on March 2, 2005. I paid $772.00 for the ring and $59.99 for the sizing of the ring. I was told that the ring would likely be shipped in the next day or two, assuming it was in the store, or if it had to be ordered, that it would take at most 2 or possibly 3 weeks.

Instead, after 5 weeks and several phone calls, I was told that instead of the ring I had purchased, their overseas manufacturer had accidentally shipped them the wrong ring and that it contained too many diamonds. I would either have to pay an additional $200+ dollars, or wait until they could reorder the ring from the overseas company. I explained that both of these options were completely unacceptable, and that unless they could come up with a third option I would stop the order and demand a full refund.

A few minutes later the manager called me back and had magically located the exact same ring (what a coincidence) and told me that they would pull it from another order and ship it out within a few days. This made me very leery of the company, but since I wanted the ring I had paid for, I agreed to wait for the ring.

A few days later I received the ring, but not only was it NOT EVEN CLOSE to the ring that I ordered, (I have photos of the rings to show this) I was told over the phone that it contained 0.26 carats of total diamond weight, when the ring I ordered should have had 0.30 total carat weight.

At this point I called the company, explained that the order was completely unacceptable and that I was returning the entire shipment back to them. I explained over the phone that I would expect the refund of all monies I had paid toward the ring because Shenoa and Company had completely breached our contract by delaying shipping time, and then shipping a non-conforming product. The person agreed with me and gave me the address to return it.

After I returned the ring, I was told by another very rude service person named Rudy that they would only refund the price that I paid for the ring. I explained once again that this was completely unacceptable. Additionally, I explained that after personally researching New York contract law I learned that:

1. According to the McKinneys Uniform Commercial Code 2-711, Remedies in General; Buyer's Security Interest in Rejected Goods, and 2-715 Buyers Incidental and Consequential Damages (New York appears to have adopted the Uniform Commercial Code contract laws), I should be entitled to a full refund of all amounts paid toward this ring, and to a refund of the amount that I was required to pay to ship the ring back to you. The law states:

2-711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods
(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (Section 2-706).

2-715. Buyer's Incidental and Consequential Damages
(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach include:

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) injury to person or property proximately resulting from any breach of warranty.

Because I rightfully rejected the non-conforming ring, according to NY law, I should be entitled to not only the price I paid for the ring, but also the price I paid for re-sizing under 2-715(2)(a) because this was a particular requirement I had that the seller knew about, and I should be entitled to reimbursement of shipping fees to return the ring under 2-715(1) since Shenoa was in breach of our contract.

Additionally, ever since returning the ring, I have been treated in a absolutely reprehensible manner, which has greatly furthered my suspicions that I was a potential victim of fraud. This is a list in order of my dealings with Shenoa and Company:

1. I was promised the ring within 2-3 weeks, and it took more than 5 for them to ship the wrong ring.

2. On several occasions, when I have been trying to talk with different customer service persons about my complaints, they have hung up the phone on me. Additionally, I have often called during their advertised open business hours, and been unable after 40 or 50 minutes or pressing extensions and trying to get through to the normal customer service extension, to ever actually get a hold of any body at the store. This happens with alarming frequency.

3. When the ring they supposedly ordered for me came to them, they called me and told me it was the wrong ring, and that my only options were to pay an additional $200.00 for a ring with additional diamonds, or wait for an undisclosed amount of time for them to completely reorder a new ring from their manufacturer in Asia.

4. When I refused both of these options, they called me within a couple of minutes telling me that they had found my exact ring and would ship it within a few days. This made me very suspicious that I had nearly fallen victim to a fraudulent scheme, where by they convince consumers to pay more money so that they can receive their ring on time.

5. When I returned the ring as directed, I enclosed a detailed letter to Shenoa and Company explaining why I felt I should be refunded all monies I had paid toward the ring, and the amount that I was required to pay for shipping to return the non-conforming ring to them.

6. When I spoke with them on the phone a few days later, the sales person refused to refund anything by the sales price of the ring $772.00, even though their company was clearly in breach of our oral agreement, and New York law shows that I should be entitled to, at minimum, a full refund of the price I paid for sizing, and the amount that I paid for shipping.

7. The sales person, Rudy, was incredibly rude to me, and then when another manager, John Roberts, began listening on the phone and talking, both the sales person and manager began harassing and threatening me, and then told me, several minutes into the conversation that I was been recorded and began accusing me of threatening them.

Additionally while I was being recorded they both made several false and malicious comments about me, and also some threatening comments about me, including threatening to take action against me through my university. I believe that they made this recording in order to falsely and maliciously mar my character in case I brought any kind of legal action against them.

8. I was then informed that they had not read my letter because any letters that are included with returned items are immediately SHREDDED by the receiving department and are never read by any person!! I find this to be a very deceitful and unacceptable business practice, and again made me suspicious that I had fallen victim to a fraudulent scheme.

9. I was then informed that if I wanted to pursue this matter further they would not give me a refund, and I would have to send my complaints to the legal department located in the Cayman Islands. This, again, made me very suspicious of Shenoa and Company, however on April 14, 2005 I sent a letter detailing my complaints and required remedies to the legal department of American Dairy and Diamond (the name of the company housing the legal department according to John Roberts), attn: Dr. Pierre Fransoi, as directed by manager John Roberts.

10. This letter was returned to me for containing an address which "did not exist." No surprise there.

11. I have tried to call Shenoa and Company on many occassions to try to speak with John Roberts, and get the correct address of the legal department, however he has not returned any of my messages, and whenever I do get a live person on the phone, that person refuses to allow me to speak with John Roberts. Additionally, the company has threatened to "Call the FBI" on me, if I don't stop calling in... so because I am persistant in demanding a refund of the money that should rightfully be refunded to me, the company is threatening to "have the FBI arrest me."

12. I filed a better business bureau complaint, but Shenoa and Company LIED to the better business bureau and told them that I had accepted the ring, so the better business bureau closed my complaint.

13. At this point I have only received a partial refund for the amount I paid for the ring, but Shenoa still refuses to refund the additional amounts that I have paid out in exchange for nothing but a consumer NIGHTMARE.

As you can see, this company is absolutely reprehensible. If you want to read other complaints about them, check out their ebay complaints. Go to www.ebay.com and look up the seller shenoa_and_co and you will see that there have been many unsatisfied customers of theirs. And don't just read the negative feedback.. check out how many customers of theirs who left "positive feedback" also wrote that the ring was NOT as high quality as advertised, or that the diamond was not as advertised, etc.

This company owes me $92.54 that I paid only to have them completely breach their contract with me. So now I have no product from them, and they have money for nothing. And every time I try to take any action to recover my money, they have threatened me, or sabotaged my efforts.

Whatever you do, do NOT bring your business to this company. I hope this letter can save other consumers from reaching the same horrible conclusion as I have.

Heather
Sacramento, California
U.S.A.

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