Espanola Valley Humane Society

Complaint: [redacted] I am rejecting this response because:I am still clear that what Victoria did was create a contract to sale for me on your group's behalf, and then breached that contract I have since spoken with an attorney who confirms my belief I knew it at the time, and feel it is offensive to take such an action, and then try to explain after the fact as being "store policy" I agree with some of the facts--I absolutely knew another person was interested and saw her talking with her at the store and getting her number the same time as mine Victoria told me she would have to call her first What Victoria told me when she called was that she could not reach her and if I wanted it, it was mine I told Victoria I did want it, but that I was in a public place and could not give her my credit card securely, and asked if I could call her back as soon as I finished where I was and she said "yes" I have been looking for a kachina that size and knew immediately I wanted if the price was right There was no ambiguity in what I was doing I told her I needed to finish where I was so I could get to my car--a matter of minutes--where I could be in private to give her my card number My husband was sitting right next to me and heard this all There was no rush to the conversation--I find it offensive that when Victoria was called on this she has tried to make it sound like I kept her from giving me information --it was a very casual discussion of about minutes per my phone, and I was sitting in a public room relaxing after dinner with my husband and waiting for a check Not a rush situation that made me need to end the call Certainly if she felt she had not given me the limitations on the sale, she could have called me back, but didn't--really, there was plenty of time in the conversation for her to tell me any restrictions on our agreement Victoria lied and just got caught I told her that at the time of the follcall that day If she had not known when she spoke with you that what she did was incorrect, she would not have made up the part about my rushing the conversation so much that she couldn't tell me store policy If you need a witness to that conversation, I'll be glad to give you my husband's phone number This is why I filed a complaint with the Revdex.com Victoria (the store) told me the kachina sale was mine, and then in a matter of minutes, sold it to someone before I could call you at the agreed time with my credit informationAnd then tried to pretend it was all OK by saying "store policy" after the fact Had she told me at the time, I simply would have told my husband I had to go to the car, and he would have stayed and paid the bill where we were.Further, I have shopped various estate sales over the years and I realized after I sent the complaint, that in years, I have never seen such a thing happen--someone promising to hold an item for a short period, and then selling it before the end of the period That's because everyone in this type of business realizes that is wrong behavior This business' conduct was improper and in violation of law, and the only defense it has provided was by saying I made them keep them from telling me the policy--in other words, the sales person admits that she didn't tell me That is all that is needed to make a contract of sale Regards, [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason the complaint will be closed Answered]

What follows is my response to Ms***'s email to our humane societyThank you for taking the time to learn about our perspective on the matter Bridget L*** Ms***, I’ve received your complaint about a recent experience in Barkin Attic, one of the retail stores run by
and on behalf of the Española Valley Humane SocietyI am sorry that there was a misunderstanding about the terms of purchase from the store.The staff and I have discussed the incident, which was described differently by Victoria, the staffer you mention in your email and complaintVictoria recalls that two parties, you and your husband, and the person who eventually purchased the item, were in the store looking at the piece at the same timeShe told both parties that it had just arrived and that a price must be researched before it could be soldWhile all three people were still standing at the counter Victoria said that she would call the other party first and then I would call you secondVictoria left a message for the first party, then called you.Victoria recalls that you told her, “I am in a public place right now, but I think I want to get it," then asked you to call her back by p.mwith a credit cardYour urgency to get off of the phone did not allow Victoria to explain that she had just left the same message for the other partyThe other party called back before you did and purchased the item.As a courtesy, Victoria called you back after p.m(the store's closing time) to let you know the item had been purchased.It is store policy that we don’t hold itemsThus, the first person to actually pay us for a piece gets to have that piece. We have customers in the store everyday who tell us they are coming back for something and then don’tThat is why we implemented the no-hold policy.I apologize that we were unable to communicate clearly and with more finesse the no-hold policyBut you did know that there another interested party for the pieceI am genuinely sorry this happened, and acknowledge that you and your husband are valued donors to and patrons of the storeI hope to see you in the future.Sincerely,Bridget L***

Complaint: [redacted]
I am rejecting this response because:I am still clear that what Victoria did was create a contract to sale for me on your group's behalf, and then breached that contract.  I have since spoken with an attorney who confirms my belief.  I knew it at the time, and feel it is offensive to take such an action, and then try to explain after the fact as being "store policy".  I agree with some of the facts--I absolutely knew another person was interested and saw her talking with her at the store and getting her number the same time as mine.  Victoria told me she would have to call her first.   What Victoria told me when she called was that she could not reach her and if I wanted it, it was mine.  I told Victoria I did want it, but that I was in a public place and could not give her my credit card securely, and asked if I could call her back as soon as I finished where I was and she said "yes".  I have been looking for a kachina that size and knew immediately I wanted if the price was right.  There was no ambiguity in what I was doing.  I told her I needed to finish where I was so I could get to my car--a matter of minutes--where I could be in private to give her my card number.  My husband was sitting right next to me and heard this all.  There was no rush to the conversation--I find it offensive that when Victoria was called on this she has tried to make it sound like I kept her from giving me information --it was a very casual discussion of about 2 minutes per my phone, and I was sitting in a public room relaxing after dinner with my husband and waiting for a check.  Not a rush situation that made me need to end the call.  Certainly if she felt she had not given me the limitations on the sale, she could have called me back, but didn't--really, there was plenty of time in the conversation for her to tell me any restrictions on our agreement.  Victoria lied and just got caught.  I told her that at the time of the follow-up call that day.  If she had not known when she spoke with you that what she did was incorrect, she would not have made up the part about my rushing the conversation so much that she couldn't tell me store policy.  If you need a witness to that conversation, I'll be glad to give you my husband's phone number.  This is why I filed a complaint with the Revdex.com.  Victoria (the store) told me the kachina sale was mine, and then in a matter of minutes, sold it to someone before I could call you at the agreed time with my credit information. . . And then tried to pretend it was all OK by saying "store policy" after the fact.  Had she told me at the time, I simply would have told my husband I had to go to the car, and he would have stayed and paid the bill where we were.Further, I have shopped various estate sales over the years and I realized after I sent the complaint, that in 30 years, I have never seen such a thing happen--someone promising to hold an item for a short period, and then selling it before the end of the period.  That's because everyone in this type of business realizes that is wrong behavior.  This business' conduct was improper and in violation of law, and the only defense it has provided was by saying I made them keep them from telling me the policy--in other words, the sales person admits that she didn't tell me.  That is all that is needed to make a contract of sale.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]