Complaints

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• Initial Complaint

  Date:01/20/2024

  Type:Delivery Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  My first visit 8/28/2023: **** wrote Order for $10 to scan a blue menu, $42.50 to restore it, plus scan & print a negative. DOC 1, ORDER. I paid for all but the $42.50 menu restore on 8-29. DOC 2, PAID ON 8-28 ORDER. THEY NEED TO RESTORE THE **** FOR $42.50. **** neglected to download the scans of the blue menu to a shared dropbox folder and before he could do so or finish the restoration, **** was fired by manager-owner ***************. It took them weeks to find ***** files. When found, *** and I sat down and saw that the scan of one page was ***** and also still needed restoration/cleanup of bleedthrough from printing on the back of a square center section. DOC 3, PAGE NEEDING WORK. *** said she did a small amount of work but would not complete the restoration at the Order price. I EMAILED *** and Liv Oct. 12 and Nov. 8, 22, 24 about the skewed page and to restore/clean the wine square section of that page at the Order price. *** responded on 11/10 that she would ask *** and let me know but she never emailed me again and I got no answer from *** about the work. By phone on Dec 21. *** said she wouldnt make *** do the restoration at the Order price but agreed to do it herself by *** 15. She asked me to email the page (DOC 3) for her convenience and I did on Dec. 21, clearly stating what we discussed to be done. *** emailed on 1/15 that she would have the work done by 1/18 but then sent a second 1/15/24 email saying she finally looked at everything and it was too much work for the Order price. Please read her email to me of 1/15/24 ATTACHED AS DOC 4i, which tells you she is refusing to do the work at the Order price despite the clear Order and many emails (with the page needing work attached) clarifying everything. DOC 4a-j,EMAILS.From 8/28 to 10/7/2023, I paid Wolf $1312.46 for all other work done, with $98 tip. DOC 5a-d.THE ORDER REQUIRES THEM TO RESTORE THE **** FOR $42.50. THE RESTORATION WAS SUPPOSED TO BE DONE 9/5/2023. WOLF NEEDS TO FULFILL ITS ORDER NOW.

  Business Response

  Date: 01/31/2024

  Hello, this is *** the store manager. 
  *Some more information you may need: We are a photo and design company, and one of the services we provide is restorations on photos. This is what ****** came into our store needing. The way we quote for design time is per hour- $85/hour more specifically. When we quote our customers, this is a QUOTE. This is NOT a written in stone quote and it is ALWAYS allowed to be subjected to change.

  
  When ****** first came into the store, she worked with an employee who was terminated shortly after taking on Elaines order. A big reason why he was terminated was because of his lack of understanding on what this job fully entails. He was not a good fit for the store and made countless amounts of mistakes; so after trying to give him a chance to get it together, I made the decision to terminate him as an employee. When he quoted her originally, he significantly underquoted her for the work that needed to be done. A lot of the work that he did for ****** had to eventually be redone because it was poorly done because he grossly underestimated the amount of work that needed to go into the project to make it look as good as it could get. Obviously after he was terminated, he would no longer be working on the project so I (the store manager) took in the order. When we were going over the order, I told ****** very clearly that **************** underquoted her for the design time needed to fulfill the order. I told her that I would go ahead and do the work for her at the price that the terminated employee quoted her- fully knowing that this was going to be nowhere near where she should have been paying, but I told her I would do it. She brought in an extremely large amount of work to be done. I would estimate that I spent around 10  hours on all of her work. I didnt even charge her for four hours of work. When I was done working with her, she left very happy and satisfied with the work done.
  She came back later to get more work done but instead of working with me, she worked with one of my employees, ***. When *** and ****** started working together, *** told ****** the same thing I did, that the terminated employee grossly underquoted her for the work needing to be done. *** also gave ****** a break in pricing when *** worked for far more hours then she charged ******. Finally, *** made it extremely clear that she would be charging ****** the actual price of design time, instead of having ****** underpay greatly as she had been doing. I stood behind *** on this because we are sitting there physically doing this work, and we deserve to get paid for what we do. *** and ****** had gone back and forth on pricing and they came to a disagreement because *** told ****** that she would not be moving forward with the projects if they were not properly paid for. We as a business have the right to refuse service- especially when we are refusing service because the customer will not pay for said service. That is how a business works: you pay for what you want. ****** made it clear that she would not be paying for the design time needed to complete the project so she went behind ***s back and emailed me asking me to force *** to do the work for half an hour of design time which is $42.50. The restoration in question was a job that would take two hours to complete which would cost $170. I told her that I would not force my employees to work on something that they are not being paid for. She asked me if I would go ahead and get it done and I had originally agreed because ****** was extremely persistent and I didnt feel like arguing with her. At this time of my agreement, I was not made aware of what the job fully consisted of. All I was told by ****** was that she wanted me to straighten out the image and clean it up slightly. What she actually wanted me to do was completely remove the bleed-through on the photo, which again, would take two hours to complete. Once I realized the actual amount of work needed to be done, I told ****** that I would not be able to do the project for the half hour pricing. She would not take no for an answer and after going back and forth with her through email, I told her that I believed she should try to find someone else to do it at the price that she sees fit. I refused her service because she is refusing to pay the price of what it would cost. She currently owes my business $42.50 because she had *** do half an hour of work on some of her photos and she hadnt paid for it yet. Mind you, this half an hour of work was actually closer to two hours, but we had been undercharging her out of the kindness of our hearts frankly. After all of this back and forth, I didnt even try to get ****** to pay for the half an hour of work that she should have paid. So right now where we are at is that she owes my company $42.50 and now has made a complaint to the BBB because I told her that I would not spend two hours of my time and have her only pay me for half an hour. I do not believe that arguing with someone who is so blatantly disrespectful of other peoples time is worth continuing to go back and forth. Nobody should have to go to work, do work, and not get paid. That is not how business works. 
  Please let me know if you have any other questions at this time.
  

  
  

  Customer Answer

  Date: 02/06/2024

   
  Complaint: 21167407
  
  I am rejecting this response because: You have a contractual obligation to do the work as on the 8/28 *****.

  
  2024 2 4 Reply to *************** the store manager (and she told me she is part owner) of Wolf Photo Design Bar. I AM TRYING TO ATTACH THE FULL COPY OF THE 8/28/2023 ***** AND THE **** PAGE THAT IS THE SUBJECT OF THAT *****.
  
  SUMMARY: The 8/28/2023 ***** was not a mere estimate or quote subject to change. The ***** of 8/28 was for a firm price of $42.50 for restoration and scan of the blue and white ******* Downtown ********* Food & **************** menu. Nothing on that ***** indicates it can be changed, that it is an estimate or a mere changeable quote. **** made clear, as does the writing, that it was a firm price and it was clear from beginning to end that the bleed through of the building logo from page 1 of the menu onto the Wine Section of page 2 of the menu had to be removed to only show the menu items listed there in clean and clear fashion, with the work to be done by 9/5/2023. **** offered to scan and restore the menu for $42.50 and I accepted and told them to proceed with the work on that Order. That is Wolfs contractual obligation and that is the end of the story. It is five months late and still isnt done. There should be an adjustment for late delivery. (See items 1 and 3 below for more detail.)
  
  *** also admits in her response that she orally offered to the work at the ***** price of $42.50 on two occasions. First, early after she terminated ****, she admitted in her response that she agreed to honor the ***** price, although she believed **** had underquoted the work (see item 2 below). Second, on December 21, 2023, she again agreed to do the work at the ***** price (see item 4 below) and she admits in her response that when she agreed to that, I wanted her to do the work at $42.50, which she said was the price for a half an hour of work, although she believed the restoration in question would take two hours to complete. She unjustifiably now says she didnt know what work was needed when she promised to do the work per the ***** (See item 3g below.)
  
  In short, **** made a written offer to do the work at $42.50, which I accepted (item 1 and 3 below), and **** again made two oral offers to do the work at that price, which I also accepted (items 2 and 4 below). Any one of these is sufficient to require **** to do the restoration work for the ***** price.
  
  Given the time and effort Ive had to make to get the original work that is late by FIVE MONTHS, I believe this work should be done at no charge to me, using the $98.69 I paid to **** in tip money as more than sufficient compensation. 
  
  I have paid Wolf $1312.46, including $98.69 in tips. I always said from my first visit on 8/28/2023 to my last email to *** on 1/15/2024 that I wanted to use them to make four photo books concerning my deceased husbands restaurants and life, so I am amazed that they refuse to complete the promised work and I am frankly disappointed and hurt that I am being vilified for simply wanting them to honor their ***** and that I have to go to this length to get what they promised at the price they promised it for work that *** knows is to honor my husband during my period of grief. 
  
  Livs response mischaracterizes a number of things that damage my good will and name. I am extremely honest and loving and find Livs response to be maligning me unjustifiably. *** turns her refusal to complete this job into my being blatantly disrespectful of other peoples time.  She admits that I later brought in an extremely large amount of work to be done and claims she put in some free work on that as though I am somehow to blame for that when she in fact wrote out maximum prices she would charge and I paid those. 
  
  DETAILS:
  
  WOLF NEEDS TO DO THE CONTRACT WORK FROM 8/28/2023. *** states in her opening bold paragraph that they prepare quotes, not a firm price, and that their prices are always subject to change. This is not true. **** wrote out an ***** on 8/28/2023, which included a scan and restore for $42.50 of a menu (a blue and white ******* Downtown ********* Food and **************** (GDCF&BCo) menu that I left with them that day. Nowhere does the 8/28/2023 ***** say it is an estimate or quote subject to change, and **** made clear it was a firm price. I accepted that **** proceed with the work as offered in the Order including the $42.50 scan and restore to be delivered by 9/5/2023. A contract was formed and **** needs to deliver as promised. SEE THE 8/28/2023 ***** ATTACHED HERETO.
  LIV ADMITS IN HER RESPONSE THAT AFTER TERIMINATING ****, SHE TOLD ME SHE WOULD DO ALL WORK AT THE PRICES **** WROTE ON *****S. *** admits that she believed after terminating **** that he had underquoted the design time to fulfill the order and admitted When we were going over the order, I told her (******) that I would go ahead  and do the work for her at the price that the terminated employee had quoted herfully knowing that this was going to be nowhere near where she should have been paying but I told her I would do it. 
  FROM BEGINNING TO END IT WAS CLEAR WHAT NEEDED TO BE DONE. *** claims she eventually decided not to do any work on the menu because she didnt know that two hours rather than hour would be needed. My complaint and her response make clear this is not true. **** always had menu they scanned in their files and the work that was needed was discussed in detail several times and referred to in multiple emails.
  ON 8/28/2023 **** and I looked at the blue ******* Downtown ********* Food & **************** (GDCF&BCo) menu a former restaurant of my recently deceased husband- that I took in that day and we discussed what had to be done. Page 1 of the menu is the front cover with a building logo on it. Page 2 is the reverse side of Page 1. The building image bleeds through to the Wine Section of the menu items on page 2. This particular copy had been printed on paper that was not thick enough and so the image from the cover bled through. Since no clean original copies of this menu exist that were printed on the thicker paper that did not allow this bleedthrough, I needed this copy cleaned up and restored to be able to recreate it beautifully for the book I told them I wanted them to eventually help me produce. It needed to be to be cleaned up so that there would be no show through of that building. There were a few other dark spots to clean away to leave the digitized menu in a fully restored state. **** assured me he could accomplish that with no problem and told me the price would be $42.50 for the scan and restoration. He made very clear that it was a firm price and that the scanned and restored menu could be picked up on 9/5/2023. (The scanned menu that I received from Wolf is attached hereto to show the needed restoration.)
  On October 12, 2023, I emailed *** saying, **** never put his restoration of a big blue ******* Downtown menu on either of the files (that **** had shared with me on dropbox)I got the menu back (my original menu) but not the restored digitized version. I had trouble getting *** to agree to a time to meet with me; she suggested I bring them in to someone else. I emailed her again on October 12 and said, I need you to find thejob **** should have finished restoringThe ******* Downtown menu. She never responded to my email or several messages I left by phone for her to call me. (See attachments 4a-c to my original complaint.)
  *** then looked for and eventually found the digitized menu pages from this Order. When *** and I looked together at the digital version of the blue menu, she and I discussed what was needed to restore this menu. She fully understood what needed to be done. I emailed *** on Nov 8 asking when these things would be done (it was already two months late) and she responded on Nov 10 Im not sure if I will be able to fix the bleedthrough. I will talk to Livabout the best way to go about it and see if there is something I can do. I will let you know by the end of the day if I will be able to fix it! I responded on Nov 10 I hope you can. That was the first thing I brought in on august 28! Please clean it up. (See attachments 4d-e to my original complaint)
  I never heard back from anyone so on November 22, I emailed *** and *** both I am still waiting to get the straightened out version of the EVAN2 blue square (wine section) inside of the ******-EVAN2 file restored Ive contacted you both about this several times and hope you will reach out to me very soon (See attachment 4f to my original complaint)
  On Nov 23, *** wrote back, The last page that you want restored can be completed however like I mentioned before it is going to take longer and since I am not **** and did not take in this order I cannot complete the whole menu at this price. It would be design time for how long it takes me to complete. (See attachment 4f to my original complaint.)
  Given that *** never responded as she said she would after discussing this with *** on November 10 and since she said on Nov 23 that she couldnt do the work since she wasnt ****, I appropriately emailed *** as owner/manager on Nov 24, Can you please authorize*** to do the work needed to straighten ******-****2 and finish the cleanup of the Wine square in the center? 
   I did not hear back from Liv after getting no responses from my emails so I called on Dec 21. Beginning in the middle of page 2 of Livs response, starting with ****** made it clear and ending with clean it up slightly, *** talks about my conversation with her on December 21, 2023.
  On December 21, 2023, *** knew what work was needed to restore the menu. She admits this in her response, stating that I wanted *** to do the work for half an hour of design time which is $42.50. The restoration that was in question was a job that would take two hours to completewhich would cost $170. She goes on to state, I told her I would not force my employees to work on something that they are not being paid for. She (******) asked me if I would go ahead and get it done and I had originally agreed because ****** was extremely persistent and I didnt feel like arguing with her. *** did agree again in that conversation on December 21, 2023 to do the work at the Order price. She asked to have until Jan 15 and I agreed to that date.
  The above shows that *** knew in that December 21 conversation what work was going to be required. It is inconsistent with her admissions for her to state, At this time of my agreement, I was not made aware of what the job fully consisted of. All I was told by ****** was that she wanted me to straighten out the image and clean it up slightly. No, what was needed was clear from all the above emails and conversations as well as from the copy of the menu page itself as well as from **** recounting of her conversation with me that she believed the restoration would take two hours and she wanted more than $42.50 for that, but then did agree to do it at the original price of $42.50. 
  On Dec 21, 2023, *** asked me to email her to confirm the call and asked me as a courtesy to make it easier for her, to send her the digitized menu page that needed restoration (even though this was always in Wolfs files as they had previously sent it to me). I did that on Dec 21. (See attachment 4g to my original complaint). 
  LIV ADMITS SHE AGAIN AGREED AGAIN TO DO THE WORK ON THE 8/28 *****. *** states in her response that she again agreed to fulfill the work for the $42.50 Order price because she didnt feel like arguing. (See paragraph 3h above.)
  LIV DECIDED ON JAN 15, 2024 THAT SHE WOULDNT DO ANY RESTORATION WORK AT ALL ON THE BLUE **** WHEN IT CAME AROUND TO ACTUALLY HAVING TO DO THE WORK. 
  
  
  Sincerely,
  
  ***************************