Walter J. Cook Jeweler Reviews (2)
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
I am rejecting this response because:
The unsigned, post-dated (January 18, 2014) document provided by Michael *C*** d/b/a Walter JCook Jeweler in his response to the Revdex.com has no bearing upon what the original purchase agreement was when order was placed and deposit money was paid on December 7, 2013, and is therefore irrelevantThe order for the custom-made sapphire/diamond ring was placed based upon verbal representations made by *** who was showing us a size sample ring which he described as containing G Color and VS! Clarity diamondsVerbal contracts are equally as binding as written contracts, though more difficult to verify. We would not have ordered the ring to be made to any lower standard otherwise2. The unsigned, post-dated (January 18, 2014) document provided by Michael *C*** d/b/a Walter JCook Jeweler in his response to the Revdex.com was also disputed by us as vague and insufficient since it did not accurately or adequately detail the features/characteristics of the ring. *** has subsequently issued several signed, modified Certificates of Value and Sale which provided more detailed misrepresentations as to the quality of the gems in the ring at our requestWe are still bothered by MrCook's evasive tactics regarding our requests for substantiation of the grading quality of the Cut of the diamonds3. *** states that we went to another jeweler to have complementary custom-made diamond bands made and had them soldered to "his" sapphire/diamond ring. *** is grossly and conveniently misleading and remiss by not mentioning that we spent considerable time at his store on January 18, shopping for the two diamond bands from him, since we were NOT totally satisfied with the look of the sapphire/diamond ring we had ordered made through him. *** conveniently fails to mention that we placed a $1,deposit with him on January 18, 2014 for the order of two, custom-made, complementary diamond bands for a cost to exceed $5,(after modifications) to custom-fit the bands to the original Size sapphire/diamond band4. MrC*** breached this verbal contract for the diamond bands as well. Despite having use of our $1,deposit money for almost one month after the funds were in his account, he called us to advise us that he had not yet ordered our diamond bands, but would do so promptly (Contract breach #2)At this time, we chose to seek the services of a more knowledgeable and reliable jeweler to make the diamond bands to complement the sapphire/diamond ring and demanded our deposit money be refundedMrC*** appeared visibly shaken and angered when I went to his store so that he could use my *** *** to credit the $1,deposit money back to my account5. Ultimately, we made the decision that the new diamond bands would look better as an ensemble piece being soldered to the sapphire/diamond ring than as three separate, stand-alone rings. This same decision process had already been discussed with MrC*** when we ordered the diamond bands from him. Since the rings could always be "invisibly" soldered together after we could see the rings on my wife's finger, there was no urgency to have it done immediately. Also, as had been discussed with both jewelers, for insurance purposes, the official appraisal should be delayed until the decision was made as to the final presentation of the three rings (joined or separate)6. Upon completion of the formal insurance appraisal (March 22, 2014) of the gems in the ensemble ring was the first, expert notification we had that the diamonds in the now center ring in the ensemble ring were visibly inferior in Color and Clarity than MrC*** had contracted to provide and had attested to in his signed sale documents. Grading as to quality of Cut was still unresolved with no information forthcoming from MrC***Upon my withdrawal of $2,from MrC***'s *** *** account after full investigation of the transaction by *** *** and in accord with all of their policies, *** became desperate and much more willing to correct the situation. Numerous telephone discussions occurred between MrC***, my wife and myself to reach an amenable resolution to his errors, but each time he would reach a verbal agreement with us, he would rapidly renege on the agreement. We finally agreed to meet with him, face-to-face, at his place of business at a time convenient to him in order to attempt a final resolution that would be acceptable to all parties concernedOn April 29, 2014, my wife and I met with MrC*** at his store at which time he freely offered to us his final settlement offer which he penned by hand, signed and dated if I would release to him the $2,that *** *** had withdrawn from his account. We accepted the settlement offer the terms of which are contained in the attached settlement contract written by MrC*** along with our copy of the *** *** charge receipt which required my signature and created the third, but written and fully executed, binding contract between Michael *C*** d/b/a Walter JCook Jeweler and myselfThis contract #was again breached and has never been honored by MrC***As a binding, documented legal contract, be expect all of the terms of the contract to be fully satisfied by Michael *C*** d/b/a Walter JCook Jeweler.
Once MrC*** provided email communication to us indicating that he was not going to honor his written, binding contract, I again exercised my legal right to dispute the charge with *** ***, allow them to investigate, and then take action based upon their findings. *** *** did decide to withdraw our second payment of $2,from the account of Walter JCook Jeweler. The only reason that the original deposit of $1,could not be withdrawn as well was that the dispute must be no longer than four months past the transaction date (December 7, 2013). Waiting three weeks for *** to arrange his independant appraiser to reappraise the inferior stones pushed us about four days beyond Discover's time policy. Had MrC*** been more prompt, *** *** would also have withdrawn the $1,deposit from his account. We truly question the reason why it took MrC*** so long to arrange a meeting with his appraiser, considering the gravity of the situationPlease carefully review the Terms and Conditions of the attached contract signed and dated by both Seller and Purchaser and fully satisfied by Purchaser at time of execution but subsequently breached by Seller
June 25, 2014Dear [redacted] :
In response to your letter dated June 17, 2014. Please allow this letter to explain our position regarding complaint [redacted].1. We took an order and supplied a custom Sapphire and diamond ring for [redacted]. Upon delivery,...
**. and [redacted] expressed pleasure with ring. 2. Customer then went elsewhere and had two additional rings designed and manufactured to complement our ring.
3. **. [redacted] had the new diamond bands then soldered to our original sapphire and diamond ring, making one ring.
4. He then had the total ring appraised by the other jeweler. The other jeweler graded the diamonds in our ring to be I in color not G as we had represented. Upon being made aware of my vendors mistake I immediately asked that we have the diamonds verified by an independent appraiser.
5. When it became apparent that it was a vendor error I offered to make it right a few days later by offering to replace the diamonds with better clarity as well as color at no additional cost. I also mentioned that I would extend the warranty for the prong work on the diamonds we would be replacing. This offer was refused.
6. **. [redacted] demanded a new ring be manufactured, in addition to a new ring he continued to raise the bar on the minimum appraisal requirements.
7. He has continually threatened me with legal action. He has contacted the State Attorney Generals Bureau of Consumer Protection, the local police, The Revdex.com, as you know. He has explored taking me to the local District Justice for small claims court and the District Attorney of [redacted] County. **. [redacted] believes that I am criminally and civilly libel.
8. **. [redacted] has since withdrawn $2,498.00 of the original charge of $3,498.00 through his [redacted] from my bank account as a charge back.
9.**. [redacted] refers to a total of three binding contracts which he says I have breached. There were no signed contracts. He also refers to the special order ring being made to very specific minimum gem stone requirements. There were none.
10. I have offered him the remainder of his money back if he returns the ring. As it stands now **. [redacted] has a ring that I can no longer sell, it was custom made and then modified with additional rings on the sides. Basically his demand for $9,500.00 to rebuild three rings is beyond reason.
11. He has a $3,500.00 ring for the original deposit of $1,000.00.
Michael C[redacted]Walter J. Cook Jeweler