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Amz.Photography

5348 Pacific Palm Ct, Fair Oaks, California, United States, 95628-3270

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I hired photographer *** for 2 projects at a 30% discount promo. Cost of 1rst project $1260 and 2nd one $1610. The 1rst project was for shooting 9 commercial photos of decorative pillowcases + a model + infographics to sell them on ***. He rejected written guidelines from me because he said he was experienced enough to know how to shoot in order to get good sales. In our Skype conversation, he told me that the female model he used was his sister in law, as seen in his portfolio. I told him we needed creative, decorative, trendy, lively pictures. To include plants was required. He had to perform some graphics, with the same quality as in his portfolio. I provided him with the information on where to find examples of the type of pictures I need. I paid him a 50% deposit of the total cost for both projects, $1435, by wire. I was expecting an extraordinary imaginative job, for the price I paid. 2 Weeks after, he provided 9 pictures that were just a copy from one of my own pictures, showing the same angle (only 1 angle) on 3 of the photos, no variations, not even showing the pattern of the pillows. They were presented in a sloppy manner, all wrinkled without ironing. The "graphic" work was just a piece of text written on a word doc, not a real graphic design, the model was a male which is not adequate to sell pillows, not even smiling, and not using the pillows in the correct positions, in 1 photo you can't even see the pillows and no plants. The photos make no sense. The job is so poor and sloppy, that it cannot be posted publicly as it would harm the image of my company. I requested a correction of the shooting, and the *** does not want to fix nor improve the quality of the job, nor wants to refund. He is also keeping the money of the deposit for the 2nd project that we agreed to cancel. He is causing great damage to me and my business, as I cannot sell the product without good competitive photos, and I cannot hire another photographer because he has my funds.

Amz.Photography Response • Feb 04, 2020

Hello,

There are some false allegations against me by Ms..

First of all, as she already mentioned, I was running a 30% off promotion, and even though the promotion already ended, she asked me if I can still honor that discount, which I've agreed on. The following sentence is false as both projects had the same price "Cost of 1st project $1260 and 2nd one $1610". The amount that she paid for the downpayment, $1,435, was exactly the price of 1 full project, which I already delivered. She also falsely alleged that I didn't pay anything for the model and the rental of the house, which was a baseless accusation that she can't prove. In terms of the quality of the project, the project is exactly within the same lines as everything I have in my portfolio online. I already told her, which I tell all my clients, that all changes will be at the Photoshop level and not at a reshooting level. Since I pay for the models and the rental of the locations (which are a very big portion of the project fee), I can't do any lifestyle reshoots (unless I wanna do a pro-bono project). I offered to reshoot the white background pictures which she refused. Ms. complained that she took better pictures than me. Well, I will attach as an example one picture on her *** listing.She used a picture that she downloaded illegally from a stock photography site, because you can still see the watermark on it, and the photoshopped a couch in and added the pillows (which were the product) on the couch. The picture besides the fact that is illegal, since she used a stolen image, it had very poor quality. I've been doing design and photography already for 20 years and would never deliver such a low quality picture to any of my clients. That statement that she did a better job than I did is not accurate—not to say insulting to me.

Unless someone can read Ms. mind, I assure you based on my interaction with her, that nobody will be able to deliver what she asked for the price that she paid.

Please advise me how to proceed further in closing this case.

Thank you!

Amz.Photography Response • Feb 10, 2020

Ok, so as of January 15, 2020, your BSR was 174.000, which means 0 sales per month! Given the fact that your BSR only went up you since then, your sales estimation is a big fat lie!

Attached are the 2 screenshots to proof that you just lied...again!

As mentioned last time, my website states black on white that I will only offer changes at the Photoshop level. I offered you a chance to solve this problem, and you don't want.

I am sick and tired of your bitterness. This is the last time I will respond to this email. Some people have work to do.

PS - Meanwhile, I will send an email to ***.com to show them the proof that you stole their image (and the fact that you took it down from your listing after I mentioned it, proofs that I was right).

PSS - Your next email will go straights to my lawyer's inbox.

Customer Response • Feb 16, 2020

To the Revdex.com:The response doesn’t resolve complaint #14135304.REJECTION REASON:*** manipulates the truth to avoid delivering the promised job, the changes I requested, and the refund of cancelled project.PROVEN FACTS:1.Damages: Mr., showing that my sales being zero just confirms what I declared. Ranking tanks due to you not providing the photos that are necessary to market and launch the product2.“Potential” lost sales are also correct based on similar products’ sales. They range from 240k to 12k / month, as in the attached (1-Estimation.png). 3.Rental of House: *** affirmed in our verbal agreement that he would use his remodeled house, with a white headboard as in my listing photo (2-White.png). He contradicted himself when he said that he had rented a house. When he showed me a *** link to prove it (no receipts shown), I researched and found the project that he shoot the same day at the house at: *** , where fireplace, bathroom, kitchen, bedroom, and living of the house can be seen. On the contrary, those stances are not shown in my project. What he did is to just throw in my pillows in the middle of that other project from another client. As proof, the model’s shirt with wrinkles, trousers, and time of day are the same. Furthermore, by scrolling down that page on the 4th picture, my pillows can be seen on the other project scenario. While *** can shoot as many projects as he decides at the same time, he must deliver the quality and requirements agreed, which he hasn’t. What I cannot accept is his justification that he cannot refund my money, because it was spent on the house and model. Those expenses have been covered by the Echo Dot, House Bright project, where he shot with the appropriate quality and care.4.About the 123rf photo, is not even worth mentioning. It is a photo I am working on, as I already informed him. It is paid and is irrelevant to this case. He just wants to divert the attention from the core issues and has used it to threaten me. SUMMARY OF REQUIREMENTS THAT HAVE NOT BEEN ACCOMPLISHED:•The first image does not show the patterns, shapes, sizes, and how the set matches together in an appealing way.•A female model is missing•Comparison that the faux leather is different from the rest sold on ***, smoother fabric, more natural looking, not done•Infographic instructions on how to insert the filling of the lumbar pillow (I provided him a pdf as a guideline, attached instructions-insert.pdf), not done•Not done high quality infographics.•Surrounding decorations in white color, with white bed, headboard, plants, Moroccan accents, and decorative objects in brownish color to match with the camel color pillow, not done.It is obvious that because he was offering a 30% discount, he did not spend time, efforts, and resources in my project. And since he already had my deposit from the second project, he knew that if I did not agree with the outcome of his work, he would just keep the money of my second project too.Since there is no signed agreement saying that "the seller (photographer) has sole unfettered discretion to determine whether the work provided is satisfactory," common sense says that the buyer must approve the outcome of the project and agree it has been finished, before delivering full payment.I am still waiting for a satisfactory solution to this dispute.

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Address: 5348 Pacific Palm Ct, Fair Oaks, California, United States, 95628-3270

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