Complaints

• Initial Complaint

  06/20/2024

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  Engagement Date: February 28, 2024 Promised Delivery Date: April 15, 2024 Actual Delivery Date: April 18, 2024 (project incomplete)I engaged ***** on February 28, 2024, to capture images for my business launch. Prior to engaging her services, I informed her that I had a hard delivery date of April 15, 2024, to ensure a timely launch of my business by April 23, 2024.There was an issue with my products being delivered to the wrong address, which was my mistake, but it was resolved the morning of the scheduled shoot date. Despite this, Haleys behavior was unacceptable. She was snarky, delivered the images late, delivered images that were both illegible and facing the wrong side, and the final product deviated significantly from what was discussed both in colorway and concept. Additionally, she took to Instagram to mock me while using images from my shoot, which was highly unprofessional.When I followed up with ***** about a reshoot or a refund, she blocked me on social media and telephone, and also threatened to have my law license revoked for sending a follow-up email. The threat of reporting me to the bar was uncalled for, as we did not engage for legal services and were merely trying to get a resolution. The images I received were mostly unedited and illegible, despite our agreement that they would be finalized by the delivery date.Impact on Business:Because of this experience, I have had to hire new photographers, adding an additional $1500+ in expenses and a significant loss of income, forcing me to push my launch back to mid-July. As of this complaint, I still dont have viable photos for pre-launch marketing.Resolution Sought:I am seeking a reshoot or refund for the services paid to *****, as well as compensation for the additional costs incurred and the loss of income due to the delayed launch. Despite numerous attempts to resolve this issue, there has been no response, no resolution, no refund, no reshoot, and no edits to the images I paid for.

  Business response

  07/16/2024

  Hi ******, Im truly sorry that this was your experience. Historically, using professional communication and offers to re-shoot, I have been able to resolve any concerns from clients who are at first unsatisfied. Unfortunately, in this case, we were not able to offer a reshoot or refund due to harassment, threats, seizure of payment and breach of contract. I wish the best for you and the future launch of your brand.

  Customer response

  07/16/2024

   
  Complaint: 21871334
  

  I am rejecting this response because it is not factual.

  Firstly, I have never harassed the merchant. The merchant claims that my attempts to address legitimate concerns about the quality of her work constitute harassment, yet she fails to acknowledge her lack of response to these concerns, which has necessitated several outreach efforts to resolve the issue.
  
  According to the contract, I am entitled to corrections to the images, but no edits have been provided. Additionally, the merchant did not adhere to the agreed-upon style guidelines for the images. She delivered the images late, repeatedly ignored my emails both prior to and after the shoot, and has neither provided a refund nor adequately addressed this matter. This has resulted in excess costs of over $1500. Such behavior constitutes fraudulent activity.

  Given that I have not received reimbursement, nor the reshoot to more closely align with the original terms of our agreement, I am at a loss on how I could possibly be in breach.

  If anything, the merchant has violated the following terms of her own agreement:

  Section 3 - provides that the Client may receive a maximum of two (2) re-edits OR re-shoots for up to two (2) scenes. Edits or re-shoots must be requested within 36 hours of receipt of deliverables. 
  

  in-spite of my immediate requests for such and within 36 hours, no reshoot was provided.

  I also note that nothing in the agreement precludes me from seeking a refund for services inadequately provided.

  14- which acknowledges that time is of the essence, yet still delivered my images several days later than what was agreed upon, giving me full rights to terminate the services.

  Given this, there is no section within the Agreement to which I am in breach. The merchant is a being dishonest.

  Sincerely,
  
  *************************

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