Report: #1511843

Complaint Review: Rustika cafe & bakery - Houston Texas

  • Submitted:
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  • Reported By: SL — Sugar land Texas United States
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  • Rustika cafe & bakery 3237 Southwest Freeway Houston , Texas United States

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Justinne Whichard accepted  an order that I  placed with her on the 14th of July and paid in full the same day. This was for our daughter's 1st birthday to be celebrated on August 14th.    We do not reside in Texas, we are California residents; however, we have a large family in Houston Texas, and were planning on celebrating our daughter's birthday in Houston.

Due to the Delta Variant of COVID-19 escalating throughout the nation, sickness, our party size being over 100 people, we thought canceling the event would be the responsible thing to do.   To layout the sequence of events: - The payment was made to her personal Venmo account on the 14th of July 2021 around 7:00 PM. - We reached out to her regarding cancelation on the 17th of July 2021 around 7:00 AM. - We were informed about her about no refund policy in reply to our request for cancellation and offered gift card. However, I want to point out that generally, terms (such as non-refundable deposits/payments) cannot be enforced unless the terms are set forth in an agreement. No such agreement was provided to us prior to any sale which would give a consumer a fair chance to make an informed decision.   

We're stuck in this predicament because justinne Whichard  requested to pay via Venmo as it would result in an 8.25% discount from her side (consequently the same amount as sales tax) when the credit card fees would probably cost her no more than 3%. If we had paid with our credit card, we would not be having this conversation at this moment.   Anyhow, I have been trying to contact this business for months now regarding my return but they have refused and told me to do what I want. They even noted that there is nothing I can do, they will keep my money and not return in in any form.  

They are taking advantage of me and my vulnerability, these guys are crooks!     Update: This business is FRAUD. My numerous attempts to contact them to get my refund has failed. They are refusing to answer much else return my hard earned money for services never rendered. They have threatened me that have challenged me that there is nothing I can do.    FRANCIS & JUTINNE are fraud! They have built their business by stealing  money form hard working Americans. They have kept my $765 and are refusing to return no matter what! I will keep Yelpers posted as I plan to purse this further.     

Original review: These guys are crooks! They owe me a refund of $765 and are refusing to give it! They have said that I can do what I want but they won't give it! I need help from the Yelp Community!    These types of unethical business practices are unacceptable especially in our great community. Houston is a the hub for small businesses and my family & I are huge small business supporters, but these guys have taken it too far! They are just refusing to give me money that is rightfully mine, it's for a canceled order.    It breaks my heart that people like Justinne & Francis who are owners can get away with stealing from customers!         .

This report was posted on Ripoff Report on 09/13/2021 01:48 AM and is a permanent record located here: https://www.ripoffreport.com/report/rustika-cafe-bakery/houston-texas-amp-justinne-1511843. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#6 Consumer Comment

Thank you for proving the point.

AUTHOR: Robert - (United States)

POSTED: Wednesday, September 15, 2021

Before you accuse people of not reading your report, perhaps you should actually read what you wrote.  You are now saying that they are refusing to give you a gift card. However, that is NOT what you originally stated.

We were informed about her about no refund policy in reply to our request for cancellation and offered gift card.

Remember that statement? If not, you can review it right in YOUR original post.

As for the CDC, again thank you for proving the point. By July of 2021, you had been through "COVID" for well over a year. People had been throwing around the fear of the "Delta Variant" for a few months by July. I even remember recommendations to cancel celebrations and any trips due to it.  So between July 14th and July 17th in terms of COVID, there was nothing new that would have made you all of the sudden decide to cancel because of COVID.

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#5 Author of original report


AUTHOR: Salima - (United States)

POSTED: Tuesday, September 14, 2021

I don't live under a rock, but it seems like you do.  You might want to visit https://www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/index.html and ready about the COVID cases.  You are welcome.

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#4 Author of original report

Thank you

AUTHOR: Salima - (United States)

POSTED: Tuesday, September 14, 2021

Again, did you read the whole thing or do you lack that ability also? Forget the refund, they are not even giving me a store credit....and that is clearly stated on their policy.  You guys that write rebutalls don't take the time to read the whole story and just respond, but whatever floats your boat buddy!

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#3 Author of original report

Thank you

AUTHOR: Salima - (United States)

POSTED: Tuesday, September 14, 2021

Thank you for your wonderful response! Did you read the whole thing or do you lack that ability....they are refusing to even give me a GIFT CARD...I am sorry that you think they can just keep all my money but I am not as rich as you, I can't afford a $764 loss just because they decide against a refund.

But thank you so much for your response! have a fabulous day!

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#2 Consumer Comment

Do you live under a rock?

AUTHOR: Robert - (United States)

POSTED: Tuesday, September 14, 2021

Sorry but the COVID excuse only lasts so long.  You made your payment on the 14th of July, and 3 days later decided supposedly because of COVID to cancel.   Unless you are living under a rock, for you not to be aware of this when you made the order just a few days earlier is basically impossible.  

You made the "agreement" when you made your payment.  How you paid it or any sort of "fees" you were charged mean nothing because again...YOU paid them.  

Now, you didn't just type a bunch of random characters into your browser and come up with this site, or press 10 random numbers and get a hold of them by phone.  So you had every opportunity to look at their policies.  It took about 30 seconds on their site to find their policy about their refund policy.

1) Orders placed online via RustikaCafe.shop cancelled within 24 hours will be refunded in full, unless the order is for the following day. If the order is cancelled after 24 hours, in-store credit will be issued and no refund. 2) Please double check the delivery address before submitting. If it is an apartment, please make sure to type delivery instructions, gate code, etc. 3) If our driver is unable to deliver to the address provided, customer might incur an extra fee to re-deliver the cake.  4) For all other orders, including but not limited to; custom orders, catering orders, etc., there are no refunds, in-store credit only.

It appears that they are following their posted refund policy by offering you a gift card, meaning that you appear to have no valid claim.

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#1 Consumer Suggestion

Are you a lawyer?

AUTHOR: Flint - (Afghanistan)

POSTED: Monday, September 13, 2021

What makes you think you are entitled to a refund? There is absolutely no law that requires sellers to give refunds just because you changed your mind. You breached whatever implied agreement you had by asking to cancel, so they don't owe you anything.

I seriously doubt a credit card company would let you get a refund, either. They don't just automatically give you money just because you are a whiny little brat. A gift card good for future use seems like a perfectly reasonable accommodation in this situation.

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