Find your diamond
Find your jewelry
shape
carat
color
clarity

Tell me how much I overspent

MollyMalone

Ideal_Rock
Premium
Joined
Jun 2, 2013
Messages
2,856
Not yet. I’ve been communicating with them all week. They are about to finish writing up our settlement agreement.
I’m not a lawyer, but a settlement agreement?? Realty?? :confused2:
Well, I'm a lawyer & I think that's ridiculous. Brilliant Earth's attorneys would better serve their client by reviewing-revising BE's business practices -- and re-writing, e.g., the Returns and Layaway sections of the website.

Are they indicating that a condition of the refund is that you promise you won't post a negative review of BE on Yelp, Reddit, etc.? That's the only reason off the top of my head as to why they want a "settlement agreement."
 

lovedogs

Ideal_Rock
Premium
Joined
Jul 31, 2014
Messages
9,365
Well, I'm a lawyer & I think that's ridiculous. Brilliant Earth's attorneys would better serve their client by reviewing-revising BE's business practices -- and re-writing, e.g., the Returns and Layaway sections of the website.

Are they indicating that a condition of the refund is that you promise you won't post a negative review of BE on Yelp, Reddit, etc.? That's the only reason off the top of my head as to why they want a "settlement agreement."
Exactly. Hence my post above. Please don't let them do that, OP.
 

kruler2113

Rough_Rock
Joined
Sep 4, 2019
Messages
94
Well, I'm a lawyer & I think that's ridiculous. Brilliant Earth's attorneys would better serve their client by reviewing-revising BE's business practices -- and re-writing, e.g., the Returns and Layaway sections of the website.

Are they indicating that a condition of the refund is that you promise you won't post a negative review of BE on Yelp, Reddit, etc.? That's the only reason off the top of my head as to why they want a "settlement agreement."
This is probably the case. They asked that I would have a review made by a forum user removed from yelp. Not sure if it will protect them against any negative reviews after I get my money.

Edit: sorry strawrose, I just read your reply.
 

MollyMalone

Ideal_Rock
Premium
Joined
Jun 2, 2013
Messages
2,856
This is probably the case. They asked that I would have a review made by a forum user removed from yelp. Not sure if it will protect them against any negative reviews after I get my money.

Edit: sorry strawrose, I just read your reply.
I don't know if strawrose's Yelp review was of her own experience with BE or if her review was a recap of your experience with BE as recounted here. If the latter, I'm not really flapped by the removal because Yelp's expectation is that reviews are of one's first-hand experience; see the Review Guidelines here:
https://www.yelp.com/guidelines
Also see the 2nd category under When should I report a review? here:
https://www.yelp-support.com/article/When-should-I-report-a-review?l=en_US

But if BE's proposed "settlement agreement" requires you to pledge to keep mum, remind BE of the Additional Terms for Business Accounts set forth near the conclusion of Yelp's Terms of Service page:
https://www.yelp.com/static?p=tos
Among those applicable to BE:
1. REPRESENTATIONS AND WARRANTIES
A
. You represent and warrant that:
* * *
vi. you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are illegal under California law (Cal. Civil Code § 1670.8 ) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances.​

B. You also represent and warrant that you will not, and will not authorize or induce any other party, to:
i. offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Yelp, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
* * *​
Hopefully, it's a real attorney who's drafting the "settlement agreement," rather than one of the knuckle-headed, so-called managers with whom you've spoken in the past. Better still: BE comes to their senses, ditches the idea of a "settlement agreement" altogether & simply issues the refund without further ado.
 

kruler2113

Rough_Rock
Joined
Sep 4, 2019
Messages
94
I don't know if strawrose's Yelp review was of her own experience with BE or if her review was a recap of your experience with BE as recounted here. If the latter, I'm not really flapped by the removal because Yelp's expectation is that reviews are of one's first-hand experience; see the Review Guidelines here:
https://www.yelp.com/guidelines
Also see the 2nd category under When should I report a review? here:
https://www.yelp-support.com/article/When-should-I-report-a-review?l=en_US

But if BE's proposed "settlement agreement" requires you to pledge to keep mum, remind BE of the Additional Terms for Business Accounts set forth near the conclusion of Yelp's Terms of Service page:
https://www.yelp.com/static?p=tos
Among those applicable to BE:
1. REPRESENTATIONS AND WARRANTIES
A
. You represent and warrant that:
* * *
vi. you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are illegal under California law (Cal. Civil Code § 1670.8 ) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances.​

B. You also represent and warrant that you will not, and will not authorize or induce any other party, to:
i. offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Yelp, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
* * *​
Hopefully, it's a real attorney who's drafting the "settlement agreement," rather than one of the knuckle-headed, so-called managers with whom you've spoken in the past. Better still: BE comes to their senses, ditches the idea of a "settlement agreement" altogether & simply issues the refund without further ado.
It was indeed the latter. This is VERY helpful. Thank you!
 

lovedogs

Ideal_Rock
Premium
Joined
Jul 31, 2014
Messages
9,365
I don't know if strawrose's Yelp review was of her own experience with BE or if her review was a recap of your experience with BE as recounted here. If the latter, I'm not really flapped by the removal because Yelp's expectation is that reviews are of one's first-hand experience; see the Review Guidelines here:
https://www.yelp.com/guidelines
Also see the 2nd category under When should I report a review? here:
https://www.yelp-support.com/article/When-should-I-report-a-review?l=en_US

But if BE's proposed "settlement agreement" requires you to pledge to keep mum, remind BE of the Additional Terms for Business Accounts set forth near the conclusion of Yelp's Terms of Service page:
https://www.yelp.com/static?p=tos
Among those applicable to BE:
1. REPRESENTATIONS AND WARRANTIES
A
. You represent and warrant that:
* * *
vi. you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are illegal under California law (Cal. Civil Code § 1670.8 ) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances.​

B. You also represent and warrant that you will not, and will not authorize or induce any other party, to:
i. offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Yelp, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
* * *​
Hopefully, it's a real attorney who's drafting the "settlement agreement," rather than one of the knuckle-headed, so-called managers with whom you've spoken in the past. Better still: BE comes to their senses, ditches the idea of a "settlement agreement" altogether & simply issues the refund without further ado.
The fact that they are blatantly violating the latter is infuriating. Grrrrr
 

MollyMalone

Ideal_Rock
Premium
Joined
Jun 2, 2013
Messages
2,856
The fact that they are blatantly violating the latter is infuriating. Grrrrr
Well, we don't know for a fact that a "gag" provision is something BE wants him to sign off on; @kruler2113 hasn't yet received a copy of their proposed agreement. That's why I said, "if BE's proposed 'settlement agreement' requires you to pledge to keep mum, ...."
 

strawrose

Brilliant_Rock
Joined
May 24, 2014
Messages
841
The reason the review was so effective was because I hold yelp elite status. It stayed on top of the page. @kruler2113’s review would’ve gotten stuck at the bottom. Add the fact that I am within driving distance of their office.
 

lovedogs

Ideal_Rock
Premium
Joined
Jul 31, 2014
Messages
9,365
Well, we don't know for a fact that a "gag" provision is something BE wants him to sign off on; @kruler2113 hasn't yet received a copy of their proposed agreement. That's why I said, "if BE's proposed 'settlement agreement' requires you to pledge to keep mum, ...."
I'm assuming it will be since tjey already asked that strawrose take down her review. But yes obviouslt we don't know until OP gets it
 

Rose-gold-or-bust

Shiny_Rock
Joined
Aug 7, 2019
Messages
252
@kruler2113 not sure if you’ve been down this path yet, but perhaps reach out to your credit card company you were using to pay with. They will likely give you a refund and do a charge back to the company. Then you are NDA free.

Also... went on yelp and many people have been asked to sign NDA saying they won’t say anything about them. :oops:
 

MollyMalone

Ideal_Rock
Premium
Joined
Jun 2, 2013
Messages
2,856
@kruler2113 not sure if you’ve been down this path yet, but perhaps reach out to your credit card company you were using to pay with. They will likely give you a refund and do a charge back to the company. Then you are NDA free.

Also... went on yelp and many people have been asked to sign NDA saying they won’t say anything about them. :oops:
Think Stanford's Business School ought to revoke Brilliant Earth's CEOs' MBA diplomas. And who in the world are BE's lawyers?! :wall:
 

Attachments

lovedogs

Ideal_Rock
Premium
Joined
Jul 31, 2014
Messages
9,365
@kruler2113 not sure if you’ve been down this path yet, but perhaps reach out to your credit card company you were using to pay with. They will likely give you a refund and do a charge back to the company. Then you are NDA free.

Also... went on yelp and many people have been asked to sign NDA saying they won’t say anything about them. :oops:
Yesssss
 

Rose-gold-or-bust

Shiny_Rock
Joined
Aug 7, 2019
Messages
252
In other news, the tsavorite got here today! I can try to get some better shots of it, this is the best I could do today. 5C1D78A6-51CA-4720-A28B-C075881048E8.jpeg

You’ve been more than patient with them. I’d call your credit card company and have them do a chargeback, especially seeing as you don’t even have the stone from them. Cc company would handle it from there and you’d be done with them
 

lovedogs

Ideal_Rock
Premium
Joined
Jul 31, 2014
Messages
9,365
You’ve been more than patient with them. I’d call your credit card company and have them do a chargeback, especially seeing as you don’t even have the stone from them. Cc company would handle it from there and you’d be done with them
Yes! And then no stupid NDA = I can write accurate reviews about how awful they are. Because I'm selfish that way :)

And PS OMG THAT TSAV is glorious!
 

Rose-gold-or-bust

Shiny_Rock
Joined
Aug 7, 2019
Messages
252
IWell my own experience with BE just went to poop. I had a $300 credit on file from placing a stone on hold (yup, they charge for this). I didn’t butt the stone so I put it towards some studs. Found so,e beautiful diamonds with great proportions and just got them. They face up so white and bright for J stones but I looked closely at the setting and there are holes in the metal plus black marks on the post. They also didn’t send me any of the paperwork for them. So it is going back, I will get a refund or contact my credit card company and take my money elsewhere.
 
Be a part of the community It's free, join today!

JEWELRY BLOG

Need Something Special?

Get a quote from multiple trusted and vetted jewelers.

Holloway Cut Advisor



Diamond Eye Candy

Click to view full-size image.
Top