Abazias.com Abazias Dishonest to Customers Gainesville, Internet

When Candice McG***** first contacted Abazias via phone and spoke with a Diamond Specialist, Katie R*****, she informed Mrs. R***** that she had purchased from Abazias in 2009 and that she found through a search on our site that we offer a trade-up policy and wanted to take advantage of that offer. Mrs. R***** immediately informed her that the trade-up policy was discontinued in the Fall of 2007.

Upon questioning Mrs. McG***** about where she found the information regarding the policy she informed Mrs. R**** of the search and that at the time of purchase neither herself or her husband were aware of a trade-up policy. During the time in which the policy was active it was clearly outlined in the Terms and Conditions portion of the Abazias website and verbally advertised to customers as a value-added benefit to purchasing with Abazias.  At the time that the policy was eliminated, all mention of the trade-up policy was removed from the site- barring a pdf market analysis which is unable to be edited but has valuable public company information and thus cannot be removed from the site.

Upon further investigation we found that the document that Mrs. McG***** was siting was the market analysis report from 2005. Mrs. McG***** then communicated via email with Shipping Manager Jamie G*****, who upon my request, informed her that the Harbinger Report Market Analysis was clearly from 2005 and thus the policy was not applicable at the time of her purchase. The 2005 Harbinger Report is verified as the only mention on the Abazias website about the trade-up policy.

My information was provided to the customer in case there were further questions. I then received an email siting a SEC Form 10K from March 2009, which post dates her purchase, and mentions the policy that Mrs. McG***** has sited. The Form 10k filing is not available to view on our website, to find this document myself I had to search Google and find the report listed on a third party website relating to the public nature of the company.  (A Form 10k is an filing intended for the SEC and potential investors, it is not an outline of policy or a guarantee of those policies to customers, all applicable policies are clearly stated on the Abazias website.)  I immediately informed Mrs. McG***** that the 2009 Form 10k does not state that the lifetime trade up policy applies to all current customers. The information regarding the trade up policy in the 10k is in fact still applicable for all customers that purchased prior to Fall 2007, which is when the trade-up policy was eliminated and removed from the Terms and Conditions portion of the Abazias website. As this policy still applies to all customers who purchase prior to Fall 2007 it is included in the SEC filings, as a applicable feature to the public side of the company.

As the 80% trade-up policy was not in effect or included in our Terms and Conditions at the time of the McG***** purchase we are not obligated to the terms of the policy now.

As Mrs. McG*****'s complaint did not properly quote my last email regarding this topic I have included it below.  My staff and I did our best to calmly explain the situation and if it were possible we of course would have obliged Mrs. McG***** to the best of our ability as customer service is our priority, but unfortunately allowing the application of a long extinct policy is simply not reasonable.

"Candice,

The 2009 Form 10K does not state that the lifetime trade up policy applies to all customers.  The information regarding the trade up policy in the 10K is in fact still in effect for all customers that purchased prior to Fall 2007, which is when the trade up policy was eliminated and removed from the Abazias website.  As this policy still applies to all customers who purchased prior to Fall 2007, it is included in the SEC filings.  Since your purchase was made in January 2009, the policy was not in effect at the time of your purchase. 

We are willing to work with you but are only able to offer you a wholesale resale value of your diamond to be applied towards the purchase of another diamond.  The current wholesale resale value of your 2.09ct L VS2 GIA diamond is $4765, which is the most that we could offer on your trade in.  The $4765 is the price we would be able sell the diamond at, so there is no financial gain to our offer.

Best Wishes,

Erin S****"