Complaints

• Initial Complaint

  06/29/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  On 6/24/2022, I purchased a photo shoot to provide me with one high resolution, edited image (headshot). The photo shoot was scheduled for 6/27/2022 online. Nowhere on the Bookout Studios' website was there a statement informing the consumer that the digital image to be provided would be a medium resolution digital file. Normally, professional photographs (and even photos taken on regular smartphones) are captured in high resolution (over 5MB files). On 6/27/2022, consumer met at Bookout Studios location and review what consumer sought: a high resolution image on a white background that can be downsized in resolution by consumer. ******* from Bookout Studios understood the request and agreed. Never once did ******* inform consumer that he would be provided with a medium resolution (1MB) digital file. Consumer also requested that the selected digital image be provided with a different background. ******* informed consumer that the charge for another background is $10 and consumer agreed to pay $10 for the additional background. Consumer also informed ******* that he wanted a ballet pose in addition to the headshot. The additional pose was included in the original purchase and was not charged separately. However, consumer was informed that if he purchases the other pose, then there is an additional fee of $120. After the photo shoot, consumer and ******* reviewed all of the photographs on a computer screen and select the headshot and ballet pose images to touchup and delivery to consumer. At this time, consumer committed to paying the additional fee of $120 for the ballet pose image. After ******* charged consumer the fee of $120 plus tax on his credit card, ******* provided the receipt and an invoice showing the purchases. The invoice did not state that 3 images to be provided to consumer (2 headshots and 1 ballet pose) would be in medium resolution. In fact, nowhere and no time did anyone from Bookout Studios mention the exact resolution.

  Business response

  07/08/2022

  **** hired us to create headshots of his daughter. 

  We mentioned that this size of the digitals he was purchasing in the following places:

  
  

  1. Our Website where **** booked mentions it twice.

  It says:  All Digital Images are sized for the Web and Business Card Print Size

  
  

  2. When **** booked online he checked that he understood:

  Each Additional Individual Digital Image is $120 each. They are sized for web or business card use.

  
  

  3. In his booking email it says:  

  YOU CAN PURCHASE ADDITIONAL IMAGES FOR:
  $120 Per Digital Image
  $550 for Five Digital Images
  $1000 for Ten Digital Images
  All Digital Images are sized for the Web and Business Card Print Size

  
  

  4. And we have a contract signed by **** that says he has permission to print up to a size 5x7 for the digital images he purchased.

  We have all the records and screenshots that we have attached to this reply.

  Customer response

  07/10/2022

  
  Complaint: ********
  
  I am rejecting this response.  My response to each point made by Seller is listed below using the prefix B>  

    **** hired us to create headshots of his daughter. 

               B> This is false.  One purchase was for a headshot for $150 and the second purchase was for a full body image of my daughter in a ballet pose for $120.  Before the photoshoot, I spoke to ******* and discussed that I needed high-resolution images.  I even asked her whether I could reduce the high-resolution images for a smaller resolution in Adobe Photoshop for printing in a yearbook and she said "Yes, you can do that."
  

  We mentioned that this size of the digitals he was purchasing in the following places:
    Our Website where **** booked mentions it twice.
    It says:  All Digital Images are sized for the Web and Business Card Print Size

               B> There is no dispute that the website says "All Digital Images are sized for the Web and Business Card Print Size".  The complaint is that this language is ambiguous and Seller does not and cannot dispute that the RESOLUTION of the images was never stated or discussed with Buyer.  Seller could have avoided any dispute by simply providing a resolution of the images that Seller is providing, but chooses to trick buyers.  Seller has taken the pictures in high-resolution at the original photoshoot.  Seller is attempting to extract more money (in fact, about 200% more than the original purchase price) to provide the higher-resolution images.  Indeed, Seller could have made the situation unambiguous by also stating the prices for them to provide images at different resolutions if it chose to price that way.  Seller did not do that.  Seller is attempting to mislead potential buyers and has indeed mislead this Buyer.  Finally, there was an oral conversation between Buyer and Seller prior to the photoshoot as mentioned above on the need for high-resolution images.  Seller does not and cannot dispute that Seller never once mentioned any specific image resolutions in that conversation which could have avoided any confusion.  
  
    When **** booked online he checked that he understood:
    Each Additional Individual Digital Image is $120 each. They are sized for web or business card use.
  

               B> Nowhere in the language cited by Seller does it state the precise resolution (ex. 1 MB) of the images to be provided by Seller.  Additionally, Seller could have made Buyer aware of the resolution by also stating the extra charge for Seller to provide a high-resolution images. (ex. 1 MB image to be provided, 5 MB image for additional $100, 10MB for additional $200).  By not providing this precise information to potential buyers, Seller is being disingenuous and misrepresenting their products/services.  Further, Buyer indicated on the booking that Buyer wanted a (full-body) ballet pose of his daughter.  It is illogical to think that Buyer wanted this image in low resolution to print only on a business card. 

  
    In his booking email it says:  
    YOU CAN PURCHASE ADDITIONAL IMAGES FOR:
    $120 Per Digital Image
    $550 for Five Digital Images
    $1000 for Ten Digital Images
    All Digital Images are sized for the Web and Business Card Print Size
  

            B> Nowhere in the language cited by Seller does it state the precise resolution (ex. 1 MB) of the images to be provided by Seller.  Additionally, Seller could have made Buyer aware of the resolution by also stating the extra charge for Seller to provide a high-resolution images. (ex. 1 MB image to be provided, 5 MB image for additional $100, 10MB for additional $200).  By not providing this precise information to potential buyers, Seller is being disingenuous and misrepresenting their products/services.  Further, Buyer indicated on the booking that Buyer wanted a (full-body) ballet pose of his daughter.  It is illogical to think that Buyer wanted this image in low resolution to print only on a business card. 
    And we have a contract signed by **** that says he has permission to print up to a size 5x7 for the digital images he purchased.

                B> Once again, Seller is being disingenuous.  Seller attempts to pass off a receipt as a contract.  A true contract would be signed prior to a photoshoot; these pages were printed after the photoshoot (as evidenced by the photoshoot picture) and after the discussion on the resolution to be provided to Buyer.  The image that Seller provides and labels as "Myeni****SignedContract.jpeg" (sic) is not a contract but a receipt that was provided after (1) the photoshoot took place; after (2) the credit card for the additional $120 for the ballet pose was purchased.  It is a receipt only and not a contract.  Indeed, Seller has chosen to provide only the first page of the receipt and not the second page which shows the image for the ballet pose.  Seller attempts to mislead BBB into thinking that the referenced receipt is a contract.
  
    We have all the records and screenshots that we have attached to this reply.

                B>  Seller also references a file "When_Booking_Agreed_to_Size_of_Digitals_copy.jpeg" as attempts to cite this as an agreement.  However, the page clearly is headed as "Headshots Questionnaire".  It is not an agreement.  The agreement that Seller is bound to is the agreement that took place prior to the photoshoot where Seller and Buyer agreed to a purchase of high-resolution images.  It is telling that Seller at no time disputes that such a conversation took place.  Finally, the ballet pose photo clearly was not a 'headshot' and cannot be interpreted or inferred to be needed for a business card.  Even if the first image (which is a head shot) is interpreted to be a low-resolution image (notwithstanding the conversation between Buyer and Seller prior to the photoshoot), the second image of a full body ballet pose cannot be interpreted in any reasonable manner as a low-resolution image suitable for only a business card.

                B> Buyer has contacted Paypal which processed the payment for the first digital image and has just received a full refund after siding with the Buyer in its complaint.  Buyer now seeks either (1) a refund or $120; or (2) the high-resolution (10MB or greater) image of his daughter's ballet pose (which is not a headshot).  Paypal clearly believes that Seller mislead Buyer in the purchase.

  Business response

  07/12/2022

  The Resolution is something that most consumers don’t understand, so we don’t communicate in terms consumers don’t understand.

  We did communicate in an universal term that everyone understands. Everyone understands what a business card size is and everyone knows what a website is. 
  

  There is nothing to dispute because it was stated and agreed to by ****.  It does not matter the file size or resolution, if we were not selling that. We sold **** what we said we would, and again, he agreed to what he purchased more than once. 
  

  In fact business card size is 2 1/2 x 3, but we sized it to a 5x7, with permission to print up to that size. This means we overdelivered by double in size on the promise we told him. And those images are 300 dpi which is high resolution.  
  

  To make his file the next size up, at an 8x10, it is $10 more.  

  Customer response

  07/27/2022

  I am rejecting this response because:

  Seller's response is absurd.  Seller says that consumer do not understand the term "resolution" and instead speaks of size like 5x7.  Seller also speaks of permission to print up to 5x7.  

  1. Most consumers know what resolution means.  Size is completely different from resolution in common language.  A movie can be shown either in 4:5 size or 16:9 size.  That is different from the resolution which might be 1K, 4K or 8K.

  2.  Seller uses confusing terms to intentionally mislead.  Indeed, buyer specifically asked seller prior to the photoshoot about the need for high-resolution and seller answered in the affirmative.  Seller could have stated at that juncture the specific resolution and cleared up any confusion, but chose not to.  

  3.  Seller is disingenuous in implying that a reasonable fee could be paid to have a higher resolution.  For the ballet pose in question, seller is demanding the following upcharge: "Upgrade to a 16x20  -  $230 + Tax" .  The original price of the ballet pose was $120 or so.  So, seller is trying to extort almost 200% more for what was discussed and agreed to before the photoshoot.  Nowhere does seller respond to the understanding between buyer and seller.  Again, proof of seller disingenuous behavior.

  4.  Paypal has already resolved a related dispute in my favor.  That is, another arbiter has already ruled against Bookout Studios dubious assertions and practices.

  Business response

  07/29/2022

  We have decided to bless **** with a free photoshoot and a free digital image.  We have refunded his payment for our services.  

  Customer response

  07/29/2022

  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that the resolution of a full refund is satisfactory to me.

• Initial Complaint

  03/04/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In August of 2021 I had my daughters pictures done here and they did a beautiful job. I began a payment plan through them. In December I made the decision to take out a loan and pay the remaining balance in order to get my portraits by February for birthday gifts. I paid off the balance in Dec. 12. I was contacted on Jan. 10 to approve the edited pictures. On Jan. 13 the final approval was given, I was told on that day that my printed items would be shipped to me in 2-3 weeks. I emailed on Feb. 16 questioning when to expect my items. When I got no response I emailed a different email address in Feb. 21. I was told that my order had been placed and asked to verify my address. After pushing for an explanation about the delay it was revealed that they had never placed my order until Feb. 22 and Feb. 23. I was offered the unedited proofs from my shoot which I declined and asked for a refund for the product I had not received and was denied that option. I asked if we could come to some sort of agreement and received no further communication. I have text messages and emails to support all this information.

  Business response

  03/29/2022

  Business Response /* (1000, 5, 2022/03/04) */ We understand the frustration of having to wait on portraits. We definitely see the customer's point of view on this, and we did not respond in a timely enough manner. Though we did not do everything perfectly, there are many reasons that we chose not to offer a refund in this case. With the dates listed by the client, it is important to note that our business is annually closed for a 15-day period to allow our employees ample time with their families during the holidays. It is probably unclear to clients why we are not always able to place orders with our professional lab the moment they are approved by the client. But many factors are involved - some out of our control - which is why we allow up to 12 weeks for clients to receive their final products from our professional printing lab (a very reputable lab, located out-of-state). In this particular case, the client had purchased a package (we will call it The Large Collection) which included a few physical prints and 20 Digital Picture Files (we will call it The Digital Collection). The client did receive their Digital Collection and was waiting for the physical prints. We consider The Digital Collection to be one of our most valuable products because it give clients digital files with the ability to print an unlimited amount of pictures. In order to get The Digital Collection, a client must purchase The Large Collection. So, to refund The Large Collection price (or a partial refund) would disqualify the client from receiving The Digital Collection at all. But since they already have the digital files, we cannot issue a refund. Due to the nature of digital files, once a client receives them, it is impossible to physically return them to us and to verify that they deleted the digital on their end. Because of this, a refund of any kind is impossible. Also, we have a signed contract with the client that they cannot cancel or change their order once it is placed. This is due, not only to the nature of digital files (discussed above), but to the fact that all the editing work begins immediately and begins to cost our company time and money right away. In this particular case, all the editing work had been done and the entire order had been placed by us with our professional printing lab when the client asked for a refund. Plus, the digital files were already in their possession. All of these factors made it very difficult to justify giving a refund of any kind. Since the client was upset, we decided to offer them the rest of their 65 digital files at no cost (they had purchased only their favorite 20). Business Response /* (4000, 8, 2022/03/07) */ ***Document Attached*** Here is the customer contract. In the first initialed line it states that the client cannot cancel their order. Consumer Response /* (3000, 10, 2022/03/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) The order was not placed until I contacted them 6 weeks later. Business Response /* (4000, 12, 2022/03/10) */ Typically, our clients do receive their products within 2 to 3 weeks after editing approval. However, this is not a guarantee, and it is not a promise made before the sale of the product. In this case, it was a time frame that the editor was letting the client know when to expect the products. Our official guarantee is that products will be received within 12 weeks. In this case, the timeframe was longer than expected (7 weeks) but nothing that warrants any kind of refund. For the client's longer wait, we did send her 40 more digital files (a $3500 value). We feel like that is meeting more than half-way, since her total spent was $4087.50. The reason for the longer than normal wait of the product and the delay of customer service communication was that our staff was reduced from 6 to 2 during this time period, due to a variety of challenges. Heather *******, the owner and manager, was out sick with Covid for 5 weeks (severe case). Myself, Ben *******, was out of work caring for Heather and family. Vickie ***** retired. Brittany ******** was out 15 days for two different intestinal surgeries. (Medical notes available upon request) With all these challenges, we still managed to meet our 12-week guarantee. I know the client is pointing out that we "did not place the order until 6 weeks", and I can understand that may seem puzzling, but the process is not in everyone's qualifications and many other responsibilities of that day's appointments is challenging to manage by 2 people alone. I did point out all these reasons for the wait to the client, hoping they would sympathize with our situation. At this point, the client has all of the products except the photobook, which is still being printed/bound by the book company that will dropship to her once completed.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩