Complaint Review: Tom Ross

We were referred to this company by one of our board members who is (or, "was") a customer of Keys Life. We were looking forward to working with Keys Life for some new WDP merchandise. We already had a design, art, colors, and order details in mind for hoodies. We simply needed them to order the shirts and print the design.

These details were relayed to Tom upon our initial meeting on May 8th. We paid 50% deposit on our Amex for the hoodies. His promised lead time of 4 weeks was perfect since we wanted to have them in hand asap for our summer research trips especially the one in June with the board member aforementioned.

The 2nd thing we were working on with Key’s Life involved their artist’s creativity in helping us design a unique print for leggings. We had an idea in mind but needed their expertise and advise. On May 22nd they charged $1500 on our CC to begin working on the legging design. They also charged the balance due of the hoodies $704 although proofs were not yet received or approved.

On June 4th, Tom emailed/texted approval for art and colors for the hoodies. Disappointed by the delay, I asked Tom to focus on completing the hoodie order rather than spend more time on the leggings. The hoodies were received in 2 shipments the week of June 11th. After only 2 designs for the leggings had been received (1 by email and 1 by text) we asked Tom on June 26th to refund the deposit for the leggings less the cost involved for the artist’s time if need be.

Tom refused to refund any part of the deposit. Only July 3rd Tom and I both agreed to use the legging deposit as an order for more hoodies. The order details were reconfirmed on July 9th regarding quantities and colors. On August 10th Tom confirmed the hoodies would be delivered the following week, August 17 – 21. To date, we have not received the order and phone calls/texts to Tom are being returned.

Timeline

5/8/2018 – Meet with Tom Ross, Keys Life

5/8/2018 – 50% deposit for hoodies $604.40

5/22/2018 – Automatic CC charge for 50% balance for hoodies $704 (50 x $24 plus art)

5/22/2018 – Automatic CC charge for 50% balance for leggings $1500 (100 x $30) lead time=4 weeks

6/1/2108 – Design #1 for leggings (via email)

6/1/2018 – Tom email approval for hoodie colors

6/2/2018 – Tom email art for hoodie print

6/1/2018 – missed deadline for receipt of hoodies

6/4/2018 – text art and colors for hoodies is approved. MW: “don’t spend any more time on leggings”

6/11/2018 – received ½ of hoodie order

6/13/2018 – received balance of original hoodie order

6/19/2018 – Design #2 for leggings (via text – not approved) MW: “hold off on leggings”

6/26/2018 – Request for legging deposit refund. Tom refused.

6/28/2018 – Design #3 for leggings (via text – not approved)

7/3/2018 – Request and Agree to balance of hoodies in lieu of leggings

7/9/2018 – Agree on order details for balance of hoodies

8/10/2018 – Confirmation the hoodies would be received within one week

8/24/2018 – no response to calls/texts, complaint filed with BBB

9/13/2018 – file complaint with Rippoff Report and Florida Attorney General

The latest correspondence from/to Tom was in response to the complaint I filed a complaint with the BBB. Here is the verbiage from the email which summarizes our positiions I suppose. 8/28/2018

Tom is underlined Melissa's reply is in bold 

Quick accounting to bring you up to speed.

Leggings were $3000 plus 500 for art. your email on May 15th states “one of the prints is free art. the second art is 200.00 it includes all the needed edits and revisions.”   We agreed to wave one art if you did 100 pcs. You wanted 2 arts. No art for the leggings was approved. You were never able to work on the 2nd art (the spotted print) as you stated the photos were not high res enough. 

The deposit was charged on 5/22/2018 and we received one design on 6/1/2018 which was denied. On 6/4/2018 I stated “please don’t spend any more time on the leggings. I’d like to hold off on those. Can you refund the deposit we made?”  The design idea #2 and #3 you sent via text on 6/19/2018 and 6/28/2018 was sent after we said to hold off on any further work on the leggings. Technically, you did ONE design, it was not accepted. Any work performed after 6/4/2018 should not be considered to be charged in any way and as you stated earlier it was to be included.  

We actually have done more. I charged a 30% restock fee for all the legging pcs cut that I had to relocate and put back into inventory. There should be no restocking as there was NO acceptance or approval of art nor a proof. As stated above, on 6/4/2018 I asked to stop working on the leggings, it was restated on 6/19/2018, and a refund requested for the 2nd time on 6/26/2018. I’m not sure what part of that made you feel like proceeding with the leggings was a good idea. Again, any work performed after 6/4/2018 should not be considered to be charged in any way.  That is 900.00 in fee plus the 500 for art which we have provided to date.  That is makes 1400.00 owed.  You paid 1500 which gives you a 100.00 credit. Shipping is 20.00 in both directions for shirts, which leaves you with a 60.00 credit. The is good for 2 hoodies.  What size would you like?  

Please reconsider your position here. Our goal simply is to receive the hoodie order in lieu of the legging deposit (in the amount of $1500) as I requested on 6/29/2018 and we agreed on 7/9/2018.