ComplaintsforThe Little Botanica

• Initial Complaint

  11/08/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I ordered a custom made 7 foot *********************** statue in July. I was told it would take 3-4 weeks which turned into months now that we are November. We had agreed on my order being a 7 foot *********************** ****** I ordered her to be 7 feet, have resin wings with glitter and lights in it. I asked for her to have a resin see through belly with lights inside so we could see a baby in the womb. Basically a resin baby in a see through resin womb. I also requested a custom made crown that would fit her perfectly. I was told they would do all of that and stay within the budget. They would try to include the crown in the budget but it might end up being a bit more depending on the crown that was chosen. We agreed and I paid her **** as a down payment.Months later I received an imagine that was horrible and the exact opposite of what we agreed on. They said they would look for someone else since those people couldn't do it. They were delivering the product the day of, they were outside my door when I was informed through the phone I needed to pay **** hundred dollars instead of the agreed amount which was **** after giving the **** deposit. I gave **** deposit and owed ****. They upped it to ***** but were doing me the FAVOR of making me pay ****. We said no way and they left.The *********************** was nothing like we agreed, it has no resin wings, wings would be made out of PAPER MACHE which I never agreed to in the beginning. It had no see through resin belly with lights and a belly. Belly was dark. I was told I would either pay **** more or I would loose the **** deposit because they made the molds with the **** dollars which was a loss and they couldn't reuse. THAT night they went on live on TIKTOK and announced her up for sale AND THAT THEY HAD THE ***** TO MAKE HER IN ANY COLOR THEY WANT TO ORDER!! I told them I saw them announcing that and they still said no refund even though they are using the mold. That is theft! They are using my money to make a profit, please help me

  Business response

  11/22/2023

  Custom order process: When we receive a custom order request for a statue, we work with our customers to get as much detailed information as we can about how they want the statue to be made. This includes requesting them to give us a budget to work with ahead of time. This is something we say a lot on our lives for social media so potential new customers can be informed ahead of time. We advise our customer when it passes a certain height and weight, they will need to add support beams for the statue, so it doesnt fall or break. Especially statues made from resin materials because resin material is significantly more in weight than mache materials. Statues made from mache do not require as much support due to it being significantly lighter than resin. As a small business, we do our best to keep our customers happy with their order. We always confirm before attempting to deliver that they are satisfied with the final product. We do our best to explain the process before the deposit is paid, stay in communication with our customer, and the customer is made aware the deposit is non-refundable.
  Some of the steps to create a custom statue are as follows; find an artist willing to create the mold, pay the artist to begin the process of making the mold for the statue, wait for the mold to dry, paint the statue, and have custom pieces created to finalize the statue. We then have the customer agree on the final product before importing the statue. We import the statue and confirm once more before delivery the customer is satisfied with the statue. Last, we set up a delivery time for local delivery, or setup shipping arrangements if they are out of state.
  The money we receive for the deposit, is used to pay the artist for the mold, that is developed. Unless the artist already has a mold made to replicate a previously made statue, which brings the cost down significantly. Mache is much less expensive than resin material but generally gives about the same outcome. We primarily use artists in ******, sometimes in small indigenous towns, and we cannot ask them to refund us once they are paid. We must pay import fees for the statue to cross the border, and a pallet fee they charge us for shipping. This does not explain the whole process, but it helps to briefly explain what goes into making a statue. There are various types of material that can be selected to make the statue, but the two listed here were as an example, so it is easier to follow about the differences in weight involved with creating a statue.
  Customer complaint to ********************:
  Now, lets discuss about the complaint BBB has received regarding a 6-foot custom Santa La Muerte statue that was requested. This is just a summary focusing on key facts which are documented by both text and voice. We have all communication between us, and this customer documented, including the texts the customer recalled. Due to the sensitive nature of this situation, we will be keeping this customers information confidential, including name and gender, except for any legal authorities. We will nickname this customer Cinn to make it easier to follow.
  **** contacted us towards the end of July 2023 requesting a custom-made statue and gave us a deadline to have it delivered by November 2, 2023, which is  Santa Muertes day. The photo **** sent us as an example of how **** wanted the statue was only 12 inches tall. We asked Cinn what type of budget **** was working with so we could see if we can accommodate the creation of the statue. **** stated this design was extremely important and there was no budget. We asked multiple times and **** would repeat the same thing. We explained to **** that the photo of the design for the statue **** wanted will be very difficult create at the size **** was requesting and very difficult to find an artist willing to do it. In the time frame **** was requesting. We stressed to Cinn because of adding on resin wings, and the size of the statue, it would be important to get support beams for the statue, but **** kept declining. We quoted Cinn a $1,500 deposit and estimated cost would start at $3,000 or more depending on multiple factors. There was never a set amount in the beginning because we did not know how much the final amount the artist would charge, and **** was still in agreement with this at that time.
  
  There were a lot of changes for the first few weeks because **** wanted to change the color or make changes to how the statue would be. Sometimes, in a week, **** would change the color scheme (or things about the statue itself) multiple times making it difficult to move forward with the process of creating the custom statue. When **** finally had a concrete decision about the design, and color, we had prototypes made for the statue. **** wanted the statue to have a removable pregnant belly with glowing lights and a baby inside, but **** also wanted the figure to be very small in the waist.
  The artist #1 attempted the prototype and **** declined. The artist #1 tried again and it broke. We had to find a different artist and when we did, we tried again. There were a lot of complications and **** was not satisfied with the first two molds that were complete calling them ugly and stating **** wasnt happy with the material used. The final protocol turned into 7 feet. There were no extra charges for the 1 foot extra and Cinn approved this size. The artist could not make the removable belly as requested because it would damage the statue at the size it was. We informed her that the heat from the lights inside the belly would heat up the statue and cause damage. **** agreed to the final mold and wanted the colors purple with gold.
  **** stated in the statement to BBB that we were doing Cinn a favor but that was not what we said in regards to the total amount we quoted, which was not her cost, but ours out of pocket. We explained the artist was asking for $9,000 but we were able to get the cost down to $6,000 because they took forever. We stated We are paying out of pocket for everything else so Cinn can get the custom statue and not keep Cinn waiting any longer. That included all other fees not mentioned that was part of the $6,000. This was the beginning of the negotiations for the final cost of the statue. This would include the resin light up removable wings and custom crown. We stated after the deposit the final balance is $4,500 but **** declined. We offered to lower the price to $3,800 which would bring the cost down to $2,300 after the $1,500 deposit. The final offer was $3,500 which means Cinn would need to pay $2,000 as the final cost. We wanted to keep **** as a customer, so we made multiple attempts to achieve the goal to create the statue, keep **** happy, and deliver the statue. We let **** know that under the circumstances if **** did not want the statue Cinn could get a refund of the $1,500 if **** did not agree to delivery. We were told to go ahead and deliver the statue. We made arrangements with **** over the phone to arrive that same evening. When we were almost to Cinns home, we got a text that **** wanted us to wait for tomorrow, but then **** changed their mind asked us to leave the statue at the door. We advised **** that we cannot leave the statue, but we can return in the morning before **** starts work. We got another text stating Thank you cant wait to see her (statue) cant talk, throwing up. ***** spouse started talking to us in text stating, **** is really sick right now and might have covid. ***** spouse stated **** sent you half of the down payment no? We explained to the spouse we never had a concrete price and explained that we wouldnt know what the final cost would be. Cinns spouse stated okay Cinn will send it (payment) tomorrow if you are okay with that. We again stressed we are not comfortable leaving the statue.
  At 3:21am we received another text from ***** spouse stating that **** is still throwing up and asked us to come tomorrow so ***** spouse would be there as well. At 7:48 am we replied asking what time works for them. We asked again for communication from Cinn because we needed to make other deliveries but with the statue in the van we couldnt and we needed to finalize the delivery with ****. **** replied in text backing out stating that **** wanted the resin baby, resin light up wings etc., but that **** understood it couldnt be done. **** stated that the extra $4,500 Cinn could not do. **** stated in text So Im assuming they want to $3500 extra so go ahead and sell it love, I guess it wasnt meant for me and that is totally OK.
  
  After **** told us to sell the statue we took the statue out of the van so we could complete backed up deliveries that other customers had been patiently waiting for. We showed off the statue on one of our lives after **** said to sell it. We decided to not sell the statue and give **** a chance to raise the money to still purchase the statue. We never negotiated exclusivity fees to have the original mold broken so the 3 molds are still with the artists; 2 of which **** turned down. We did advertise we can make a 6-foot statue in any color, and we always advertise we can make statues any size any color.
  
  We are a small business starting up and we tried our best to accommodate Cinns requests. All of our original recommendations were turned down that would have made a better product and achieved what **** originally wanted. But with us being rushed, and **** refusing to use artists overseas, we are declining any refund because **** agreed to the delivery. We have taken a loss of over $12,000 for this statue between the fees for the multiple artists, paying for travel costs, border costs, 3 different molds, the loss of use of the delivery van because of us attempting multiple times to deliver the statue to ****, exclusive pallet fees because **** did not want anything else on the pallet while being imported, and now dealing with defamation of character that is costing us money. We have not used the mold and we have not sold the statue. Our deadline is to receive a total of $2,000 by January 1st, ****, with a concrete delivery date that does not require leaving a statue at the door. Custom orders like this cannot be left unattended and we require someone to be available to accept the statue. This statue weighs nearly 150lbs and requires assistance to move it. The statue will come with the wings and the crown if we receive the payment in full. If **** wants exclusivity to the 3 molds, we can negotiate a fee with the artist. Otherwise, the artist is allowed to use the mold to recover costs that were lost. We have taken a significate loss and we are not a large cooperation that can afford to take losses like this. The statement **** made that we are using the deposit to make money is incorrect. We have taken a huge loss. So, this is our final offer. If Cinn declines, then we request this to not be posted online and we have the right to seek legal action.

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