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Jay Boyle Company (AstrologicalGem.com) Misrepresentation

Discussion in 'Colored Gemstones' started by mcmsinger, Mar 6, 2014.

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  1. mcmsinger
    Rough_Rock

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    by mcmsinger » Mar 6, 2014
    I bought a 2.24 yellow sapphire gemstone from astrologicalgem.com

    The stone was not disclosed as being cracked inside and having scratches online neither over the phone by Tarah Sands.

    They refused to admit it was damaged. They were reluctant to give a refund. The Manager Mark Kirbach, he first suggested an exchange. He was unapologetic, extremely rude and said I quote "I hope we never do business with you again."

    Sorry Mark, but I'm afraid you don't do much business anyway and you lost the small business you have from me.

    Per FTC Guidelines for gemstone merchants what they did was misrepresentation, false advertising and highly unethical. Each violation: $5,000 fine

    I have filed a complaint with the FTC as well.

    They have also violated PCI compliance for merchant account holder in processing debit and credit cards. They take card numbers over the phone and than store them on their files. Each violation: $5,000 to $250,000 fine.

    I had to pay $20.40 cents to ship back a misrepresented product which I should NOT have to pay. I have shipped them back the flawed undisclosed and misrepresented stone...

    I have disputed the charge through Charles Schwab Bank as I do not trust they will issue the refund and their credibilty is has really been shot with the way they talked to me over the phone especially Mark Kirbach. **edited by moderator. watch your language please**

    A return policy stated on their site is 14 days. I shipped back the item exactly the day I got the item, which was no more than 2 days after I received the product. Which is well within the return policy.

    But Mark Kirbach said I quote "I have to see.." "Do an exchange..."

    What kind of a dodging response is that?

    He asks completely inappropriate questions such as "Why do you have this nickname as your email signature?"

    Hey **edited by moderator. watch your language please**, what does this have to do with ANYTHING?

    He says "I'm just curious..." Pretty unprofessional.

    If you would have stuck to business, been easy on the return instead of defensive and not ask questions not within your place or of any revelance for that matter and been polite...

    You would have not been reported to the Attorney General in NY, BBB, FTC complaint filled, Yelp Negative Review, Google Negative Review, RipOffReport, Pricescope negative complaint, dispute filed with my Card which will cost you a chargeback from your merchant account and associated bank....

    These chargebacks and disputes can even have your entire merchant account frozen and shut down. You will than be placed on a "Terminated Merchant File List"... Try applying for another merchant account. It will be next to impossible to get one once you are placed on the list. I know because I'm a businessmen myself.

    But thank yourself for that. And the way you treated a previous customer over such a small issue I would never ever in business treat that way.

    Enjoy having Google place this high up in the search engine results. And with all the negative reports, enjoy losing business over it.

    Next up is reporting you to the AGTA. Reporting your Google Adwords account. (I have one too but yours can kiss the dust goodbye.)

    PS. This is a customer who has bought a $3600 dollar blue sapphire from these **edited by moderator. watch your language** who treat customers with no ounce of politness, courtesy and give an no-fault of ours attitude. Along with obviously trying to doge a return-policy that they inside have every intention of dodging.

    Here is the thread where I bought the blue sapphire from this disrespectful seller...

    https://www.pricescope.com/community/threads/opinion-on-blue-sapphire.194442/

    I strongly regret making this purchase and wish I hadn't given my money to these arrogant **edited by moderator. watch your language** who treat customers like they are disposable.
     
    


    


  2. mcmsinger
    Rough_Rock

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    by mcmsinger » Mar 6, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    Here is their response to any complaints all over:

    "We received an email and phone message on March 5 from Ansub saying the yellow sapphire we shipped to him was scratched and not acceptable to him. I explained we have a 15 day, full refund return policy, so simply return it for a full refund. Once we receive our gemstone back, we'll issue the full refund, including the shipping cost Ansub incurred sending it back to us. This is our policy and has been for over 20 years. This is also the first such vitriolic complaint we've received in all this time."

    Here is my response below:

    It was not merely scratched only. It was internally visibily cracked as well. If it was only a scratch... Polishing could have solved the problem and I would have not made the return.

    You did not explain the refund policy over the phone on March 5. You are a liar. You never mentioned it. Huffed and puffed. Gave long pauses. "I have to see."

    What do you mean YOU have to see?

    Didn't your bogus non-honorable policy state "Unconditional Guarantee: 100% refund within two weeks of purchase on an un-set gemstone. If you are not completely satisfied, we will refund 100% of the purchase price of your gemstone any time within two weeks of your purchase. No hassle. We want to get the right gemstones to the right people for the right purposes. If you are having jewelry made, once the quote is accepted and the manufacturing begins, the sale is final."?

    The guarantee doesn't state if YOU the manager Mark Kibach is not satisfied. It states "you" as an ME the customer is not satisfied.

    You talked about an exchange I refused. I later told you an exchange is only acceptable under five conditions.

    1. You must reimburse for shipping charges to return the stone because it was damaged during shipping due to bad and incompetent packaging and using bad judgment making such a delicate item vulnerable to abuse by FedEx. It was NOT returned due to me wasting your time because the color isn't more "saturated" or the cut isn't more "precise". It was returned completely due to faultiness in packaging which relied completely on your part to get right.

    2. You must pay for the new exchange stone's shipping. It's doesn't have to be 2-day shipping. It can be ground shipping or lowest shipping costs to save you the cost as my courtesy to you and trying to be reasonable plus patient.

    3. The exchange stone cannot be ANYTHING less than 2.24 carats and VVS1 clarity. The highest limit I have for carats is 2.33 carats as an exchange stone and it cannot be greater in value than $2,000.

    4. The exchange stone must be packed very well this time around and completely protected during shipping from abuse by overworked courier workers who could care less and it would be hard to prove damage to collect for insurance purposes.

    5. Any returns of the exchange stone. The shipping costs are on me. But I really don't think we will have this problem this time around.

    You choose the full refund option on 3/6/2014 via email but don't specify the amount as confirmantion never even state shipping charges I incurred from a fraud gemstone.

    So I call to ask and confirm, Over the phone you don't answer the question. Change the subject and start asking me about why I choose the penname for my email.

    WTF?!? This is none of your business. None of your right to ask. Completely inapprioriate question. And than you say...

    "I hope we never do business with you again."

    That's when I had it. You think I can trust you to give a full refund with your behavior and attitude problem over the phone you dumb stupid a**hole?

    Of course not. So I filed a dispute of the charge immediately with my bank. They were very sympathetic unlike you.

    And all these complaints to multiple agencies plus the chargeback would have not happened if you kept your big f*cking mouth shut over the phone asking and saying unrelated things like a smart-aleck. If just answered over the phone immediately that you will pay a full refund including shipping charges instead of bringing up irrevelant bullshit, huffing and puffing... And trying to dodge the answer.

    I would have not done this.

    Your worthless flawed cracked fraud stone will arrive this tuesday the latest via signature required. Maybe earlier. You can stick it up your poop hole. I don't want it.
     
  3. smitcompton
    Ideal_Rock

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    by smitcompton » Mar 7, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    Hi,

    I am sorry you had to go through this. There was someone who posted about how great this company was, I don't know if it was you. I commented that Jay Boyle is a buyer at JTV, which handles some of the worst gems in creation, lying about the quality every day on air.

    I have has a similar response from a return that I ade from another vendor. They efused to take bag an item, until I filed a complaint, and ten they said how happy they would be to take back the item.

    If jay Boyle is associated with this company, I would be very careful about buying anything from them.


    This is one of the reasons why I do not think any person should be able to put a vendor on the vendor list. Some really stink. Sorry if that is too crude.


    Annette
     
  4. mcmsinger
    Rough_Rock

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    by mcmsinger » Mar 7, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    Yes. Sadly that was me. I should edit that thread ASAP. And yes they ARE Jay Boyle Company and he is the owner actually.

    To Jay Boyle Company:

    Charles Schwab Bank has given me back full credit on their behalf for this misrepresented defective stone and for failing to honor your own return policy. You say "No Hassle" on the return policy. This is a complete lie and you need to be exposed to the entire gemstone industry as liars, frauds and crooks.

    Do not think my Bank will forget about you and be left holding the bag. They will ruthlessly fight with your merchant account provider and it's associated bank to get back the money on your end that it cost them.

    My bank offers me unlimited free ATM usage from any ATM in the world including no fees from ATM surcharge from the operators, no currency exchange fees, 24 hours customer service for ANY issue and pay me interest on my checking... Why do you think? Because I'm a very big private client.

    And with this issue, you will have to deal with them now and having some explaining to do with them and your merchant account providing bank. You mess with a Bank's money and a big private client... Don't think you will be dealt with gently. You will be ruthlessly forced to give back their funds and losses.

    Enjoy the charge-back fees and possible suspension of your merchant account plus funds frozen.

    Next up is reporting you to your hosting provider. I've already written up a decent letter to report you crooks to AGTA. I'm headed now to get that notarized and mailed out. Enjoy having some explaining to do to AGTA and possible termination of your membership with them or at least a big stern warning from them.

    And don't try to charge the card you have on file in your database. Charles Schwab has suspended that card to prevent any further charges specifically from you and FedEx overnight delivered a new one free of charge.
     
    


    


  5. MollyMalone
    Ideal_Rock

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    by MollyMalone » Mar 7, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    mcm, as an attorney with years under her belt (I graduated from law school before you were born), I'll encourage you to step back & cool down before you go firing off any more letters, complaint reports, and (especially) Internet posts.
     
  6. mcmsinger
    Rough_Rock

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    by mcmsinger » Mar 7, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    Libel is false written statements. Everything I said is completely true and they have the burden to prove that it is not. I hate when individuals use the "attorney" badge and "doctor" badge to automatically without a doubt have everyone accept everything you say to be right and anyone that says otherwise is wrong.
     
  7. MollyMalone
    Ideal_Rock

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    by MollyMalone » Mar 7, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    Perhaps if I bold the words of yours which are at odds with a claim that they misrepresented the stone, you'll see why I suggested future restraint:
     
  8. endless_summer
    Brilliant_Rock

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    by endless_summer » Mar 8, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    MCM, I'm sorry this happened, but I'm sure Molly had the best intentions in suggesting what she did. I don't think that she was trying to wave a badge, but rather help you. In any case, perhaps cooler heads will prevail tomorrow, and again, I'm sorry you're upset and had a bad experience.
     
  9. mcmsinger
    Rough_Rock

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    by mcmsinger » Mar 8, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    Thanks for understanding.

    I mainly blame myself I should have done more research on legitimate sellers and asked this worthless company's credibility beforehand.

    But at the same time there were no reviews or feedback. But on the same token that is a huge red flag if they claim to be in 20 years in business and really are but have no feedback anywhere.

    It can mean hardly anyone out there wants to deal with them because they are not very fair with pricing, customer service and any product issues.

    I consider it a expensive lesson learned and learned well. Sometimes the best lessons are the most expensive ones whether financially or otherwise.

    So I am writing this all over so nobody get's a problem with this company like I did and they think twice about maybe going to another more customer friendly and oriented company who will be polite and not on the defensive like the customer is some criminal with they way they handled my issue.
     
  10. LoversKites
    Brilliant_Rock

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    by LoversKites » Mar 8, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    MCM, I appreciate your warning and I'm sure many others on PS do too.
     
    


    


  11. Ella
    Administrator
    Staff Member

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    by Ella » Mar 8, 2014
    Re: Jay Boyle Company (AstrologicalGem.com) Misrepresentatio

    This thread has served it's purpose and we do NOT allow or tolerate namecalling on this forum so some threads and comments have been removed. Please consider this your one and only warning.
     
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