• Report: #1128779

Complaint Review: Jay Boyle Company / Astrological Gem

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  • Submitted: Thu, March 06, 2014
  • Updated: Thu, March 06, 2014

  • Reported By: Anonymous — Huntington Station New York
Jay Boyle Company / Astrological Gem
508 N 2nd St. Suite 108 Fairfield, Iowa USA

Jay Boyle Company / Astrological Gem Jay Boyle Mark E Kirbach Tarah Sands Tiffany Sold a Misrepresented CRACKED Yellow Sapphire. Very Defensive A**hole Manager & Unapologetic. Fairfield Iowa

*Author of original report: Chargeback Intitiated.

*REBUTTAL Individual responds: Re: 2.24 ct Yellow Sapphire

*Author of original report: You Were Reluctant & Defensive...

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I bought a 2.24 yellow sapphire gemstone online. The stone was not disclosed as being cracked inside and having scratches online neither over the phone.

They refused to admit it was damaged. They were reluctant to give a refund. The Manager, 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 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. [continued below]....

..... 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. That f****** condscending defensive no-fault of ours attitude a**hole.

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 asshole, 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, 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.

And now here is this rip off report a**hole... 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 f****** p***** 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.


This report was posted on Ripoff Report on 03/06/2014 02:10 PM and is a permanent record located here: http://www.ripoffreport.com/r/Jay-Boyle-Company-Astrological-Gem/Fairfield-Iowa-52556-2472/Jay-Boyle-Company-Astrological-Gem-Jay-Boyle-Mark-E-Kirbach-Tarah-Sands-Tiffany-Sold-a-1128779. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
2Author 0Consumer 1Employee/Owner
Updates & Rebuttals

#1 Author of original report

Chargeback Intitiated.

AUTHOR: HankiePankie - ()

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.
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#2 REBUTTAL Individual responds

Re: 2.24 ct Yellow Sapphire

AUTHOR: Mark - ()

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.

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#3 Author of original report

You Were Reluctant & Defensive...

AUTHOR: Anonymous - ()

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 you 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******?
 
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****** 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.
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