Huge Mixup!!! David K Jewelers vs. David Klass. Help!!!!

[therainbowradish]

Hi all,

Boy have I got myself into an awkward situation and this may be confusing but I am looking for help. Has anyone worked with David K Jewelers? Here's the story:

My diamond was purchased from a really lovely wholesaler in LA. I am not local, and wanted the ring made by David Klass. I accidentally called David K Jewelers instead of David Klass, and I asked if I was speaking with David Klass. He said I was. I told him I sent him an email with inspiration photos (photos of David Klass's work) and he asked where I sent it. I had sent it to [email protected] which is David Klass's email and he asked me to send it to [email protected] instead. I was confused but assumed they were the same person.

So I made arrangements for the diamond to be delievered to David Klass but gave them David K Jeweler's address. David Klass was supposed to sign for it.

David K, who has been nice to speak with, confirmed that he received the diamond and asked me to send him my wedding band for measurements. I sent the package address to DAVID KLASS but to the address of David k Jewelers. So when the package arrived he should have seen David Klass's name and not opened it, right? Well he opened it and proceeded to call me and talk about ring design. He even asked me where I heard about him and I told him I chose him because he was well regarded on Pricescope and that I loved his work. The inspiration photos I sent him were of David Klass's work, and the files were even named David Klass ring, etc. But he spoke about the rings as if they were his own work. We settled on a design and he asked for a deposit. *I gave him a $1200 deposit via debit card.* Gulp.

I didn't suspect anything until last night, when I received an email from THE David Klass. He was lovely, offered me a quote and complimented my stone. I as so confused telling him that we had been speaking for the past week, had settled on a design and I had given him a deposit. Finally we figured out what had happened.

OMG, freaking out.

There were multiple occasions where David K Jewelers should have realized I made a mistake. Like when I called and asked if he was David Klass, told him the email I sent it to, addressed the package to David Klass, etc.

I plan to call David K Jewelers tomorrow morning and tell him what has happened. I really feel like he knew what was going on the whole time and just wanted the business. The diamond wholesaler is happy to pick up my diamond and ring and deliver them to David Klass as originally intended but how do I get my deposit back? He didn't indicate that it was nonrefundable so I hope that is in my favor.

I'm really stressing out over how to handle this. Maybe it's not as big a deal as it feels - mistakes do happen but if he was honest, he would have realized right away that he was not the person I was trying to work with. I have to assume people have made deposits and then backed out and chosen a new designer, right? How did you handle that

Thoughts please?

 

[mrs-b]

Hallo

You've probably already realized that the addresses of these two jewelers are both in S. Hill St in LA - different sides of the same road - one at 550 and one at 607, less than 300 ft apart. So it's entirely possible that this has happened before. My first port of call would be to ask David Klass if he knows David K. If so, and if they're on good terms, perhaps resolving the situation might not be so big a deal.

For what it's worth, David K has very good reviews, from what I can find. I've looked at a few of his photos on Yelp, though, and I can't say I loved any of them. They seemed to lack a level of detail which sets apart master crafted jewelry. So, despite the reviews, not necessarily someone I'd go with. I think my first port of call would be to find out if David Klass knows David K. if so, David Klass might be willing to make a call, or you might be able to keep all this on 'whoops! just a mistake' kinds of terms. Otherwise I think you'd be wise to try to get your money back so you can start again with David Klass.

 

[therainbowradish]

David Klass said that he knew who they were but did not kNow them personally. He said that he would go over there tomorrow morning and talk to them but I want to make sure I approach this right. Do I call the wholesaler and have them pick everything up and then ask David K to refund me? It is illegal to open packages addressed to others, yes?

David K Jewelers gets fine reviews but the photos I found were unimpressive. I do NOT want to complete the project with him, I want to start over with David Klass!!!!!


Thanks for your help!

 

[mrs-b]

Just out of curiosity - how long has David K had your stone? Days? Weeks? Has he sent you drawings? CADs? How many phone conversations have you had? I'm asking because I'm wondering how much work he's already put into this, as I think that will be your sticking point, if in fact there's going to be a problem at all.

 

[therainbowradish]

He received the stone Thursday, so just a few days, and although he said he started sourcing the rubies he has not submitted any CAD to me. We have had maybe 5 phone conversations.

 

[therainbowradish]

So how would you proceed? I want David Klass to get started as soon as possible.

 

[mrs-b]

I think you would be wise to send him (David K) an email IMMEDIATELY telling him about the mix up and asking him to stop any further work on your ring. I would politely mention that he probably noticed that the package was addressed to a different jeweler who he perhaps knows and who works across the street from him and who is planning to come and collect your stone tomorrow. Let him know that the wholesaler could pick up the stone if he preferred. But either way, I'd get this email out to him right away. I'd be clear, but polite and apologetic.

 

[rubybeth]

Absolutely, I'd call or e-mail right away to let him know of the mixup! Maybe David K's last name is also Klass? How confusing!

 

[therainbowradish]

Isnt it strange that there have been multiple moments where he might have noticed I thought I was dealing with an entirely different person? Seems a little shady.

To ensure that the diamond is actually delivered to David Klass, the whokesaler is going to pick up my stone and ring and hand deliver it to David Klass.

The deposit worries me. I hope he refunds with no issues. He did not say it was nonrefundable but I did not ask...

I feel so dumb

 

[Stone Hunter]

Sorry to hear of your distress! Hope it all works out smoothly. It's quite a nail biter!

 

[pyramid]

What does the K stand for?

 

[Rockinruby]

It seems so strange that he never mentioned the difference in last names, designs, photo file names, etc. Very odd! I really hope you are able to get your deposit back. I hope this works out okay so you can start your project ASAP as intended with David Klass.

 

[Rockinruby]

What does the K stand for?

I was wondering the same thing....

 

[JDDN]

I agree it's strange that he said his name was David Klass, unless…..his name is also David Klass which would be quite a coincidence.

You can also go through your credit card company to have them dispute the charges if there is any trouble. You can also call them now and explain the mix up and they could put a hold on the charge or refuse it all together. That may be a good way to ease your mind.

 

[VRBeauty]

Based on a quick records search (CA Secretary of State) the owner of David K Jewelers is David K GOUDJEIAN - a name that would not be easily confused with "Klass." So unless this guy is very hard of hearing, it would appear that he intentionally misled you.

This is what I would do, but I am not an attorney. I hope an attorney will chime in.

Write him an email explaining that you thought and had been led to believe that you were dealing with David Klass, and that you now realize this is not the case.

Let him know who will be picking up the diamond.

Tell him the means by which you would like your deposit returned.

If he balks... California's small claims court limit is $7,500.

And of course, make sure you have copies of all written correspondence (including your email to David Klass), do what you can to verify the dates of phone calls, and make notes re what was said in each of those phone calls.

Actually, I'd consider having the diamond delivered directly to an independent appraiser to verify that you are receiving back your own stone, and that it has not been damaged. Since it appears he misled you, I would think the cost of this service could be assigned to him... but I'm not sure whether this is the case, or whether I'd just eat that cost myself.

 

[diamondseeker2006]

I would be slightly concerned about telling him you found him on PS and now you are telling this story on PS before you get your money and diamond back.

I think this is a first here, and I truly hope it has a good outcome!

 

[therainbowradish]

I agree, it seems risky, his response when I mentioned Pricescope was unemotional so I hope it is not something he frequents. Who knows.

Thankfully, he is located right next door to the wholesaler where the diamond was purchased and she will be going over first thing tomorrow to collect my diamond and my wedding band. I have compiled an email stating all of the events factually and am hoping that his nice ratings on Yelp are an indication that he will comply.

 

[therainbowradish]

Based on a quick records search (CA Secretary of State) the owner of David K Jewelers is David K GOUDJEIAN - a name that would not be easily confused with "Klass." So unless this guy is very hard of hearing, it would appear that he intentionally misled you.

This is what I would do, but I am not an attorney. I hope an attorney will chime in.

Write him an email explaining that you thought and had been led to believe that you were dealing with David Klass, and that you now realize this is not the case.

Let him know who will be picking up the diamond.

Tell him the means by which you would like your deposit returned.

If he balks... California's small claims court limit is $7,500. What does this mean?

And of course, make sure you have copies of all written correspondence (including your email to David Klass), do what you can to verify the dates of phone calls, and make notes re what was said in each of those phone calls.

Actually, I'd consider having the diamond delivered directly to an independent appraiser to verify that you are receiving back your own stone, and that it has not been damaged. Since it appears he misled you, I would think the cost of this service could be assigned to him... but I'm not sure whether this is the case, or whether I'd just eat that cost myself.

 

[diamondseeker2006]

Your deposit was less than $7500 so you could file in small claims court if you have a problem getting the money back.

 

[therainbowradish]

I am not local in LA, I have no idea how to do that... would I have to fly to LA?

 

[arkieb1]

Apologise and explain the mix up, cancel the order and ask for a full refund. Ask David Klass - the real one if he or one of his staff can walk across the road and get your stone for you.

 

[therainbowradish]

It is a little more than just a mixup - I was pretty mislead. I have sent an email and everything is lined up to have work stopped, my diamond collected and delivered to David Klass. Fingers crossed that the deposit is easily recovered. Thanks everyone for the suggestions!

 

[NonieMarie]

This is the craziest story. I don't think you should have a problem getting your money back. I can't imagine a jeweler that wanted to protect his reputation would take this any further. Please let us know when you get your refund. I would not post anything negative until you see the outcome.

 

[JDDN]

Have you checked if the charges have posted to your credit card?? If not, I'd call the credit card company and ask them to refuse the charges if you are worried he won't give you your deposit back.

So sorry this happened to you.

 

[danielxlin]

Dont worry. Any flack from this shyster and you just hit the red button. Chargeback from the credit card company. That will wake them up.

 

[yssie]

It is entirely possible that David K has an assistant who handles receipt of packages and so never even saw the name it was addressed to.

 

[diamondseeker2006]

It is entirely possible that David K has an assistant who handles receipt of packages and so never even saw the name it was addressed to.

Excellent point.

 

[therainbowradish]

Entirely possible! I am sure he receives a lot of mail so they may not pay attention. That is just one example of the mixups. I amm going to have positive thoughts that based on his yelp reputation he will refund my money and move on.

I didn't sleep last night though. Such a stressful situation!

 

[mrs-b]

It is a little more than just a mixup - I was pretty mislead. I have sent an email and everything is lined up to have work stopped, my diamond collected and delivered to David Klass. Fingers crossed that the deposit is easily recovered. Thanks everyone for the suggestions!

Hmmm. I think, before we start crying conspiracy and fraud, you need to give the gentleman in question the chance to respond. As far as he knows, you sent the stone to him, called him, and agreed with him on a style. You would not be the first client, I'm sure, to get a name wrong. So I think it's unfair to be talking about court and shysters at this point. As far as he knows, you were looking for a jeweler called David at his address - and that's what you got. A last name mix-up is hardly a unique occurrence and there's every possibility he was just being polite in not pointing this out. And, as someone else said, there's also every chance he didn't even see the name on the delivery. As for mentions of Pricescope, he may just not have wanted to reveal his own lack of knowledge of something that was clearly so important to you. Either way, I think it's way too soon to be racing down an accusatorial path; when all is said and done, the mistake lies more with you than with him.

 

[therainbowradish]

See my previous post right above yours? I am obviously stressed but staying positive. He does have a good reputation and whether or not it was an intentional mistake, I hope it will be an easily recovered deposit.