Complaints

• Initial Complaint

  05/13/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Unresolved

  More info

  On 8/25/22 myself, ***************************, with my mom ******************* met at Kenny G&** *********, ** store to pick a diamond ring for my fianc ***************. We did not have any knowledge about diamonds.*************************, the Kenny G sales, provided me 10 minutes of diamond education which only included color and clarity of diamonds with reference to *** and AGS grading system using their in-store pamphlet. ****** never disclosed that they do not grade their diamonds. We were never shown lab reports or certificates for diamonds that he showed **. He only verbally told me that the diamond he sold me is pear shape, VS2 clarity, color H, 0.9 carat but never provided any other reports or certifications. The process was very misleading. The price he provided for this diamond was at $5,995 USD and he informed me he would give me a discount and provided me with a sales price of $6,017.84 USD for the whole ring set.Since 09/2022, we went back and asked multiple times for a diamond certificate/report, however instead of providing us with one, ****** wrote an appraisal for the ring at $7,390. The store owner Kenny ******, later told ** that ****** is not a certified appraiser.We noticed that there is an obvious yellowish color of the claimed VS2 H **lor 0.9 carat diamond under natural light that ****** sold us.On 5/7/23 we met manager ***, asked for a diamond report. He informed us they do not grade their diamonds. We requested to speak to upper management. We spoke to *******, GM of Kenny G ** over the phone, requested report again, but the following day ******* texted a picture of diamond stock number from *** website, instead of formal report/certification. The *** grading system is widely known for being inferior, inconsistent, looser and diamonds cost less than *** or AGS. On 5/9/23, we drove 4 hours to meet with store owner, Kenny ******, disclosed the above information and concern, requested a full refund because the sale was deceptive and misleading; request was denied by him.

  Business response

  05/25/2023

  Better Business Bureau serving *******************
  *******************************************
  ************** 95827
  
  Complaint: ******** ***************************
  
  This letter is in response to the Better Business Bureau serving ******************* correspondence to me regarding the complaint filed by ***************************. I appreciated your letter and the quick acknowledgement that every inquiry you get regarding an alleged problem has two sides.  That is definitely the case here, as we strongly object to the outright falsehoods expressed by ************ in his complaint.
  
  It is very important to note at the outset that ******************* is the person who initially articulated all of the assertions found in the complaint filed with your office by ********************* to our staff and me in our stores. As we happily welcomed a conversation with both of them, ******** insisted on presenting all of the issues. Given that ************ was the customer and ******** was not part of any aspect of the original transaction, we naturally wanted to get Mr. ***** perspective on all of these issues. Instead, ******** aggressively dominated the conversation not allowing ************ to advance the arguments himself. It was clear to us that ******** was presenting her own,ill-informed point of view as his. We want you to know that ******** was not the customer who came into our store and made a purchase from us, it was *********************, who we presume is the fiance of ********, that made the purchase.
  
  This response is intended to refute the false statements that were made by ************ in his complaint to you that should easily lead you to the conclusion that his assertions are wholly without merit. Confusing matters further is that virtually every assertion made by ************ presented to us by ******** is in the context of her not ever being present in the presentation,education, and delivery of this transaction. ************ came to our store with his mother, who had recommended our company from past business she had done at our stores.
  
  Among the most disturbing statements ************ presented to you, that is absolutely not true, is the assertion that our staff said, We do not grade our own diamonds. Nobody at Kenny G & Company would say that when in fact, we do grade our own diamonds and have done so since ****.  Every member of our team that had any interaction with ************, his mother and recently with ******** is willing to swear under oath, they never made such a statement. This, among many mistruths in Mr.***** assertions to you, is important enough to me that I need to present some background for context.
  
  When my wife and I started our business ********************************************************************** our jewelry business compared to competitors was to focus on the imperative for educating customers rather than selling them. I have been active in the ********** ******************** for many years, and we knew we were setting a new standard for an educational experience in this business for customers in our ground-breaking business model. We pioneered the concept of a Diamond Room within each of our stores, equipped with ***************, Scopes, Scales and a very special piece of equipment called an OGI Machine or Sarine Machine that can measure a diamond without any bias.We are proud to explain to customers that going back many, many years,customers have been misled with the idea that a certificate alone should be the exclusive method of determining the quality and accuracy of the representation of a diamond. In fact, anyone in this industry will tell you that the certificates offered by dozens of labs are like consulting an economist about future investments. It is good to know, and informative, but differ from one expert to another.  This is absolutely the case with grading diamonds. No jewelry store or even the labs who provide the grading will guarantee to customers their grading as 100 percent accurate, but they all will certainty provide disclaimers that clearly reveal the potential for varying conclusions about grading.
  
  This is why we work with customers who come into our stores to explain the choices they have and allow them to see all the nuances of a diamond and make their own decision. In addition, we do in fact grade all of our diamonds as well, in accordance with *** standards. This way the customer has all of the information they need to make an educated decision.
  
  We implore customers to understand that assumptions about diamond quality should absolutely not be accepted purely on the basis that it is accompanied by a single piece of paper from a laboratory that asserts a particular grade. For nearly every diamond we are supplied to sell in our stores, I actually downgrade the grading assertions made by the supplier because I dont think those ************ our more rigorous standards. The reason we have been grading our own diamonds for 25 years is the fact that no laboratory is 100% accurate. Since ****, Kenny G & Company has felt our grading of our merchandise meets and most of the time exceeds the standards of our competitors. It is also important to note that never in my entire career have I ever had the assertions ******** is making brought against me or our stores. It is because we actually do the opposite of what she is alleging, making sure the certificate business does not mislead or fraudulently motivate our consumers to the wrong conclusion about what they are buying.
  
  With this background, you can understand why the false attribution of a statement that we dont grade our own diamonds is so offensive and obviously not true.
  
  The manager of our store in *********, **********, *****************************************, is also the salesperson who represented diamonds to ************. It was thought by our team to be a wonderful conversation and then a decision by ************ to make a purchase. Our store was given a deposit for the diamond *********** decided to purchase and he asked to have his mothers name put on the transaction, so she could pick it up. Again, never had ********, been a part of this transaction.
  
  Another untrue assertion by ************ but articulated by ******** is that they had repeatedly requested a copy of the appraisal after the purchase. There were no repeated requests made and only one communication we had with ************ that immediately resulted in us making it available when it was picked up. ************ will not be able to produce any evidence whatsoever that validates this untrue assertion. An important protocol we maintain with all our purchases, and communicate to our customers, is not to immediately send the follow up appraisal to the customer, unless they ask for it, in order not to inadvertently spoil a surprise. The great majority of our customers are buying jewelry as surprise gifts in celebration of lifes most important moments, and we have learned how not to wreak that surprise.  Mr.***** ********* was picked up in our store by the customer on or near September 22nd, 2022, without any complaint or problem.
  
  It wasnt until 9 Months after ************ had made this purchase, he and ******** were requesting a full refund of the purchase despite the clear articulation of the return policy verbally and printed right on every customers documentation. The following is our Returns and Exchange Policy we have had in place since ****:
  
  7 Day Return ************************************************ after any alterations.
  This return was eligible for a return or exchange within the published timeframe since it was not a special order or an alteration of the jewelry. In fact, we have offered to ************ to extend that limited policy on exchanges to allow him to select from other same size stones and grading if he would like. He and ******** have declined this offer.
  
  Circling back to the question of why we dont value certificates as an exclusive method of determining grade and value.  Since we opened our doors in ****, the increasing competition jewelers with real, brick & Mortar stores face from gimmicks like Gift Centers, Diamond Districts and sketchy internet online sales, not to mention increased local competition, is that consumers are told that a Certified Diamond most likely meant it was graded by un unbiased source and therefore could be trusted? The problem with these representations is that almost every laboratory in the Industry was being scrutinized for being involved in over grading, and or accepting bribes for grading bias, and we felt that once you sell a diamond with a Certificate, you either are going to represent all your diamonds via a grade you may NOT AGREE with and be part of a growing problem,or stand on our own grad (One we feel is tougher than 90% of all others out there.)
  
  It is important to also add, when ************ and ******** went to our store where the purchase was made to talk to our staff and again when they visited with me, it was odd that they never produced the diamond we had sold them. In fact, to this day, I never had a chance to know what diamond we were actually talking about since they would not produce it. ************ and ******* had spoken to my General Manager for hours demanding a refund and were told that a refund would not be an option. ************ and ******** then agreed to meet at our ************** store the next day to discuss possible exchanges.
  
  The following day, My General Manger called our Diamond Supplier (one of largest diamond suppliers/site holders in the world) and asked to get a copy of the grading certificate they typically issue with our purchases so we could have it as part of our records. My General ****** got the copy and then forwarded that document to ************. Once they came into our store, I was berated by ******** in the presence of ************ in a manner my team and I would characterize as being verbally assaulted over a grading document they didnt like, and I have repeatedly said we dont follow anyway. Remember,************ got to make a decision based upon our own grade assessment and his additional ability to conduct a careful examination of the diamond with the benefit of our education and tools. I literally got tired of the back-and-forth accusations from someone (********) that was never present in the original transaction. When she began to make racially charged statements that were incredible offense to me, as she clearly made assumptions about the racial and cultural make up of my family, it was unacceptable for me to continue the conversation.. She further made charges about gender bias on our part without understanding that women play a major role in the management and ownership of this company. Later that same day, I called ************ and told him I was sorry how our meeting ended, but that we would be willing to offer them an Exchange on their diamond for any upgrade, so long as they pay the difference. I even explained that Id go a step further and get them a separately graded *** Certificated Diamond if that is what they insisted upon.
  
  I hope this letter helps to articulate our view of this complaint and assists you in making any determination about next steps. I am very happy to discuss this matter further if I can be of any assistance. Please dont hesitate to be in touch.
  
  I have included a copy signed sales ticket #****** dated August 25, 2022, and a copy of the Insurance ********* delivered to the customer dated September 22, 2022.
  
  Sincerely,
  *****************************
  Kenny G & Company Fine Jewelers
  ****************************************************
  ************   

  Customer response

  05/25/2023

  I am rejecting this response because:

  While we appreciate Mr. ********************** ******** long note, his response is apparently illogical, incoherent, and unorganized. Till this day his company still fails to provide a formal diamond report/certification. He mentioned in his response that they grade their diamonds but still fails to provide the specific grading system. The appraisal report was performed by ******************************************, whom was confirmed by Mr. ********************** ******, that ****************************************** has never received any formal training, schooling, or certification about grading diamonds or appraisals from an accredited appraisal association, so this would not be a valid appraisal. It is worth to note that on the ********************** G Company website they clearly list: "********************** G & Company offers appraisers trained by the ********************* of America." - See attachment (screenshot from their website). Multiple encounters and evidence have proven this sale was done by ********************** G and Company as well as their sales and company staff through a misleading and unfair sales process to ** as customers, and grossly overcharged ** for an inferior quality diamond. Therefore, we are requesting full refund as resolution. 

  In the sale of jewelry, if any representation is made as to the grade assigned the product, the identity of the grading system used should be disclosed. This was never disclosed to ** throughout the sales process.

  Lastly, we would like to mention that ***************, who is an Asian women and minority, had been dismissed and refused to spoken to by Mr. ********************** ****** multiple times during our in-person meeting on May 9th, 2023. 
  
  Sincerely, 
  *************** & ***************************

  
  

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