Description of problem: mr. Rogozinski has used deceptive practices to sell us an engagement ring which was misrepresented to us. The diamond was of inferior quality compare to the diamond we had selected. As such, product quality was of concern. We felt that the jeweler had used "bait and switch" tactics.
At the time of the sale (Dec 17), the jeweler engaged in unethical sale practice. The jeweler had me pay for the diamond ring before I could preview it.in addition, the jeweler encouraged services that resulted in additional fees that were not disclosed verbally or in writing before the sale was authorized. Key information regarding refunds as pertaining to "special order" was never discussed or disclosed.
With my dissatisfaction with the merchandise, I tried to void the whole transaction and get a full refund. The jeweler refused and said that the ring mount was a "special order" and nonrefundable - this information was never disclosed prior to the sale.
As previously agreed, the jeweler said he would keep the diamond and charge us just for the ring mount which was previously negotiated at $1600 the night before. But the jeweler reneged on his original price and added fees for services that were never disclosed or agreed upon.
The additional fees were in excess of $400 for services which were assumed to be included as part of the transaction. This is unfair and deceptive practice. As such, we are seeking a full refund for the merchandise in the amount of $10,500 (which includes the ring, the diamond, and tax).
It's been several months now that we've been trying to get a refund from the jeweler for the merchandise (which never left his store and he holds in his possession). We keep getting the run around and no resolution.
The company has so far failed to respond to phone calls and written requests.
WHAT WENT WRONG
No credit adjustment or refunds was made to my credit accounts for the engagement ring. I was so dissatisfied with the product that I refused to take it home with me. The jeweler has possession of the ring and $10,500 of my money.
Mr. Rogozinski never informed me or my wife in writing or verbally whether the mount was a special order since it was an item in the store. Mr. Rogozinski also never disclosed any fees regarding mounting or resizing.
TO MAKE THINGS RIGHT
To rectify the situation, I have made several requests in writing to my credit card accounts and to the jeweler. The credit card companies could not rectify the problem because I had authorized the transaction although it was signed under false and deceptive practice.
I requested a full refund of $10,500 to be credited to my credit card - $5000 to Discover Card and $5500 to American Express.
I have made these requests verbally and in writing via the following methods:
-On December 17, I requested a full refund in person at the store.
-Telephone conversation December 18 resulted in more frustration and no solution to the problem.
-A demand letter was sent on February 14.in response to the Demand letter received March 13, Mr. Rogozinski emphatically denied all allegations as follows:
In response to your letter dated February 14 all allegation are hereby categorically, individually and cumulatively denied. And based upon American Express and Discover's finding on our behalf we see no evidence of unfair or deceptive acts on our part.
-On March 8, my wife called and spoke to Mr. Rogozinski who said he would talk to his attorney and get back to us before issuing a refund for the diamond. He never called back.
-On March 14, my wife followed up with another phone call and Mr. Rogozinski said that he had just spoken to his attorney recently and would call me back the next day to give us an account of charges. Mr. Rogozinski never called.
-On March 15, my wife followed up again and Mr. Rogozinski expressed that he was busy with customers and had not had the chance to pull the file, but he would get back with us sometime today. Mr. Rogozinski never called.
-On March 16, we followed up with a fax to Mr. Rogozinski requesting his prompt attention to this matter. To date, we have yet to receive an answer. Our request so far has been brushed aside.
Needless to say, this is not at all satisfactory.
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