Complaint Category: Non-delivery of products
Complaint: I had ordered merchandise in the amount of $38,000 from the store. They have not provided updates and will not provide tracking numbers.
Order placed on 9/5 for invoice 762. Called and e-mailed store as the items had not been delivered and they had not provided any status. They refused to provide tracking numbers or order numbers and still do. They have also threatened me over e-mail and because I put 3800 of the items I had in dispute with them through my visa they have threatened me. They have also stated they would refuse to deliver any items until I removed my dispute. However, when I asked the store owner if I should remove it or let the bank remove it she did not respond. They tried to deliver a piece last Friday 10/26, but the piece still smelled like wet paint. They had sent me a picture of what the white laquer finish looked like but then the piece they delivered did not have that finish, was the wrong color, had no vents for the media cords to go through and looked like it was not the correct dimensions. I sent a note on 10/29 stating I would remove the disputes for the undelivered items but would not accept delivery of that item. ****** ****** sent me a threatening e-mail and said I could not dispute undelivered items on my visa. She also stated she would not give me items I had paid in full for. I have two items that remain in dispute with her which she refuses to discuss which are the media center as mentioned above and two lamp shades which have taken already 7 weeks plus she is quoting an additional 6 weeks for them to be done. I asked to cancel them as I have waited to long for those. She also is tring to charge me for a laquer finish when her definition and mine are different. I assumed the picture of the finish they labled white laquer finish was the finish. She claims no laquer is shiny and will not discuss this with me. I have refused the piece for now. She is also threatening me as she said I had worked with a vendor she knows and is making false statements and committing slander.
Business' Initial Response
From: ****** ****** <*****@me.com>
Date: November 9, 2012, 3:21:41 PM CST
To: "******, ******" <*****@******.com>
Cc: ************* <*****@*******************.com>, Better Business Bureau <*****@bbb-email.org>
Subject: VIVID HOME ISSUES - BBB Complaint Case#XXXXXXXX(Ref#REDACT37email@example.comfirstname.lastname@example.orgREDACT)
The headboard is beautiful.
The sofa is the incorrect size, and looks nothing like the **** Sofa. There is something really off as well it is 52" wide in the back and 55" in the front. It just looks weird and the front is uneven. It does not look at all like the ****** sofa either. This will need to be addressed. Primarily because I ordered a 58" sofa, not a 52" sofa. I was also told it would like exactly like the ****** sofa which it does not. ***** and I also discussed that I wanted it to be as wide as the headboard plus a few inches on each side and we agreed it would be 58" long since the bedding would puff out on the end of the bed.
The media cushion also does not fit in the media stand. This will need to be redone. All of the seems are crooked so I would like to select a different fabric and have that redone. I should also not have to pay for fabric that did not work twice since this was again a measuring error.
***** read me the riot act on the phone which I did not appreciate. That was the most unprofessional call I have had during this project. ***** from ********** said he has also not been paid for the work he has done. That is between you and him.
The sofa will need to be redone or significantly discounted in order for me to keep it.
Lastly, with the sofa in here nothing else fits and there is virtually no walkway. It does not have the amount of room on your design outlined, which I had to pay for. Again we seem to have measurement issues. Those measurements must have been incorrect or you did not plan for walking around the pieces.
As for the list of items that remain unaddressed:
Chandelier has no instructions with it and the beads need to be correctly installed.
I need to be reimbursed for the light bulbs and the plug adaptor kit. $17.58.
The rug pad is not the correct size. I paid for the correct rug pad to be cut to size. That is what was quoted, contracted for and paid for.
To note: the curtains tab broke and was repaired. I would like that noted as that happened before they were hung. They don't go with the room in any way especially now that the headboard has been delivered. Nor can you make out any pattern on them. They are wrinkled and look awful. I am sure you will do nothing about that but again, such a disappointment.
Please advise what we will do with the sofa and media cushions as soon as possible. I also have not received any of the leftover fabrics, again agreed to.
As a note, I do not think it is right for you as a company to download tear sheets from other vendors and tell a client things will look exact. This practice seems suspect.
Based on what has been delivered that is not the case at all. Should the BBB need pictures I will provide them. They have been copied on this e-mail also as I am not getting anywhere with dealing directly with your company.
I have no intention of meeting with you and will defer meetings to the meeting with the BBB, or in court if need be. I feel harassed when you and the other people in your shop start sending e-mail after e-mail. I also prefer to go by the contract since you have not agreed to conversations had even though those are legal contracts as well.
I will wait for you response and how we will deal with the items that are contracted for and paid for.
On Nov 9, 2012, at 11:44 AM, ******, ****** wrote:
Can you please confirm how the delivery went today?
I was told you were happy with your items. I hope you see how things are coming together in your place.
Let me know and thank you,
Vivid Interior - Vivid Home
****** ****** - Principal
XXX-XXX-XXXX - Office
XXX-XXX-XXXX - Fax
XXX-XXX-XXXX - Cell
Business' Final Response
"The following information was provided in hard copy and has been converted to text."
RE: Case #XXXXXXXX
In response to the claim brought against Vivid, the client was provided with updates and estimated delivery dates both at the onset of the project commencing, as well as when items had shipped out and would be en route to their final destination (i.e. receiving warehouse, vendor, Vivid Home store, etc...).
Several employees from Vivid have been in communication with the client both via email as well as over the phone, to communicate updates on items as they are available. (see attached emails)
Much of the difficulty on our end with resolving this dispute has centered around the many changes we have tried to accommodate on the client's behalf. After the client's orders were placed, the client has gone back and changed 90% of the original orders. This has caused delays in items being received as originally promised on the client's end. Again, the estimated shipping and delivery dates have been communicated with the client. We have a zero-tolerance policy regarding harassment of any kind and have not, in any way, threatened this client.
Several attempts have been made to deliver items that the client has paid for in-full. These items have been available for in the store, and the client has been informed of this on numerous occasions.
We have emails confirming the items are ready for pick-up and follow up replies from the client stating they would be in the store to pick them up. We have also communicated via email that we would gladly set up delivery on the client's behalf. Lastly, we have had vendors attempt to deliver items to the client's home and the client has sent them back. It is difficult to substantiate the claim that items have
been withheld from the client in which we received full payment when we have made every effort to have them delivered. By refusing to pick-up items that have been paid for in-full, the client has argued we are withholding items and, as a result, requested that her bank and credit card company stop payment for these items.
Our Terms & Conditions (which every client receives a copy of each and every time an order is placed with us) state that "Payment is required prior to order placement and may be made in the form of credit card, check or cash. By placing a hold on the payments, we are not able to set up delivery until payment has cleared. As a result, we have had to hold these items at our store until arrangements for pick-up or delivery can be made. We have tried to resolve the credit card dispute with the client by suggesting to make a cash payment for the items. We have also been in touch with *****************
to rectify the situation as well. The dispute of non-payment is on-going as of the time of this response.
The client was given a copy of Vivid's Terms and Conditions via email each and every time a change or revision was made. Furthermore, Vivid obtained a signed and dated estimate from the client for the orders which were placed and processed the order as we would any other. Additionally, we have several emails from the client giving her approval to go forward with the items discussed and that she was pleased with the items she has received so far.
Per our Terms & Conditions that every client receives with each and every order placed, it is outside of our policy to "make changes or corrections to an order. However, our processing department will work with (the client) toward a solution." We strongly believe in excellent customer service and stand by our Terms & Conditions. Vivid has gone above and beyond to edit, revise, change, swap, and in some
instances, completely delete the order so that the client will be happy in the end. This has been at Vivid's expense as far as exhausting our resources, product, and employee man hours.
Regarding the media console, as soon as we were made aware of the client's concerns, we addressed
them with our vendor - same day. The vendor offered to have media holes drilled into the console at no extra charge. This was communicated by the vendor to the client on-site as well as over the phone by Vivìd. The client's concerns over the finish of the media console have also been addressed and the vendor is working towards an acceptable resolution for the client.
The client was imaging a white painted finished with a high gloss top application and communicated this as wanting a white lacquer finish as (the client) was worried a painted finish would chip. What the client was expecting could only be done by machine. If that had been communicated clearly at the onset of the project, a custom piece would have never been recommended for this project as it cannot be done by hand. As of the time of this response, the client has signed an estimate for an additional coat of high gloss application to be applied to the media console.
In speaking with the woodworking vendor, it was explained that items will have minor off-gases from a freshly painted piece. It was finished and delivered on the same day to ensure the client received it as soon as it was available. In terms of the dimensions, the client had addressed these concerns with us prior to the piece being completed. At that time, we measured the difference in height from the custom made piece to the model and found there to be a difference of .O34 cm (or just under one inch).
Despite the slight variance in measurement, Vivid offered to offset the difference by adding to the
cushion height. When this was conveyed via email to the client, the response was, No, that should be good." The client went on to say in the same email, "you should see it (media console) as it did turn out well."
Regarding the custom lamp shades, it was stated to the client at the start of the project that it would take 8-10 weeks to complete the lamp shades once the vendor received the fabric. The designer quoted 10-12 weeks total from time of approval/payment. Updates on the estimated completion date have been communicated to the client. The client has stated it has taken 7 weeks with an additional 6 weeks for completion. This would be one week outside ofthe original expected completion date of 10-12 weeks.
Vivid has written statements from other design firms in the Minneapolis area speaking to the fact that this client makes purchases, seems to be happy/likes the items - and then tried to return the purchases after the signed/approved date has passed. In these instances, if the design firm refuses to honor the return, the client then asks for a discount because she is still dissatisfied. When the situation does not
resolve itself in her favor, she has become verbally abusive.
This complaint has been an extremely challenging situation for us as a business. We've gone outside of our policies several times, making an exception for this client to accommodate her changes. We have lowered her prices, offering additional discounts, and in some instances, given items to the client at cost. We've returned items, cancelled items, and exchanged or even kept unwanted items in hopes of finding a suitable resolution. As a business owner for the past 15+ years, I can understand having an
occasional issue here and there. However, this client has had an issue with every single item; either wanting to switch it or cancel it altogether.
Unfortunately, our experience has not been isolated, this has been an issue with our vendors and every installer involved in the project as well. We have included statements from our vendors and installation contractors attesting to the difficult nature ofthe client and the continued frustration in not being able
to come to an amiable resolution for all involved.
The client's resolution to the above complaint with Vivid is to have all items cancelled and returned. At the time we received the Better Business Bureau complaint, we had been in communication with the client to deliver the outstanding items and the client has agreed to reverse the disputes on her credit card. Additionally, the client has been made aware of all the delivery dates prior to writing the
complaint to the Better Business Bureau. Until the client can communicate with us on delivery
times/dates, we are at an impasse.
*Emails and documentation attached
Complaint Resolution: Complaint was settled through arbitration in accordance with their BBB agreement.