ComplaintsforCustom Bakery USA Inc.

• Initial Complaint

  12/20/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  In November 2023 we hired this company to make us a very custom Gingerbread house that was supposed to be a *************** inside with our logos on the building.Instead they gave us a basic ****** Gingerbread house without ********* or customizations. They threw a wad of crumbled up paper in the center and then fogged the windows so that we couldn't even see inside.Owner tried many excuses, including blaming us, saying we hadn't even told him it was supposed to be a factory and finally he admitted that he lied and said he'd make us the original gingerbread house factory that he had promised "next year". We have been asking him since the moment he delivered it to pick it up and give us a refund. He tried saying that he would give us the refund "but it might take months". Then he said he wasn't the owner, which turned out to be false as well.***** refuses to put anything in writing and has been very deceptive with us. We just want our money back and to undo his scam

  Business response

  12/20/2023

  Customer signed our no refund policy contract when he ordered the custom item.  When we reached out to fix his item, he refused to ************* his item. We offered a partial refund he refused. We also offered a store credit for next year , he refused. We still maintain all our offers to our mutual customer. We would like to maintain and repair this relationship. Feel free to call or email if any other questions.
   ******************* Manager 

  Customer response

  12/21/2023

   
  Complaint: 21034834
  
  I am rejecting this response because ******************* is still being dishonest.  I let him know that he was welcome to come repair the house and make it as he had promised.  He said that he couldn't get it done until after Christmas and that he'd issue a refund.

  He has not issued a refund and has not made any attempt to repair the item.  I let him know it's sitting in the office in it's original packaging waiting for him to pick it up and redo it correctly.

  His statement above is false.  We checked the address of their "Bakery" and it's actually a *** Store.  They swore on an affadavit to the **************** that they conduct their business from a post office box in a *** store. Obviously it's not possible to run a bakery from a mailbox at a *** store.

  They did not live up to the terms of their agreement.  We still demand a full refund or to replace or repair the item immediately.

  Note that they have already missed the promised delivery date.
  
  Sincerely,
  
  *******************************

  Business response

  12/22/2023

  Customer signed our no refund policy contract when he ordered the custom item.  When we reached out to fix his problem, he refused to ************* his item. We offered a partial refund he refused. We also offered a store credit for next year , he refused. We still maintain all our offers to our mutual customer. We would like to maintain and repair this relationship. Feel free to call or email if any other questions.
  

   ******************* Manager 

  Customer response

  12/22/2023

   
  Complaint: 21034834
  
  I am rejecting this response because:

  The business did not provide a real response.  Attached are copies of the actual communications with them, where they gave photos of the inside of a factory and said they would make the inside look like that.

  The business texted me and said they would only speak on the phone so that there would be no record.  When I told them that it had to be in writing so it could be properly documented, they absolutely refused.

  I reminded them 5 times that the incorrectly made gingerbread house is at the front of our office waiting for them to redo it correctly or to pick it up. 

  The gingerbread house was not made as per the contract.  What they provided was smaller, without the windows, and without our factory on the inside, and without our logos.

  The house is still at the front of our office waiting for them.  ******************* is being dishonest again.  Attached are some of *********************** text messages showing our logos and what he said the inside of the factory would look like.  He sent many photos.

  The final product that he provided was entirely blank on the inside.  He did not finish the house properly (actually he did not finish it at all).
  
  Sincerely,
  
  *******************************

  Customer response

  01/02/2024

  The situation remains unresolved. The merchant is lying when he said that he offered to send someone out because as soon as he did that we said yes, but he never sent anybody and then we reminded him several times in writing that the item was waiting for him to come review repair or replace ***** he would not send anyone out. There are numerous complaints about this merchant online, mostly related to their pornographic cake business 

  Business response

  01/04/2024

  Hi , to reponed to this complaint, we attempted more than once to resove this issue with our mutual customer. No answer when we called on his phone, we tried many times to call with no response.  If customer would like to call and repair issue with merchant, we will be more than glad to deal with him directly .

  Customer signed our no refund policy contract when he ordered the custom item.  When we reached out to fix his problem, he refused to ************* his item. We offered a partial refund he refused. We also offered a store credit for next year , he refused. We still maintain all our offers to our mutual customer. We would like to maintain and repair this relationship. Feel free to call or email if any other questions.
  
    ******************* Manager 

  Customer response

  01/04/2024

   
  Complaint: 21034834
  
  I am rejecting this response because:

   

  Merchant is lying again, proof is attached of the actual words they said.  They were told that the item was sitting and waiting for them to repair or replace whenever they wanted to come.  They said they would come but never came.  They insist on only talking on the phone because then there is no record.  I insisted that all communication would be in writing because they were caught lying so many times.

  They won't talk in writing, because then I can post copies of the real conversation like this.

  Merchant is extremely dishonest, the proof is in the attachments.
  
  Sincerely,
  
  *******************************

  Customer response

  01/04/2024

  Hi,  You seem to have mis-read the emails and texts.

  The merchant offered a partial refund AND to come repair and correct the incorrectly made item.  Then when we accepted that they would come, they did not come.  We reminded them 5 times that the item was waiting for them to come and re-work the item as they had offered to do.  They never came, and never repaired or replaced the item nor did they issue any sort of refund.

  So the closing notes for the public should say "Merchant offered to re-work the item but did not show up to rework it after many requests by the consumer". 

  We did not sign a policy that there were no refunds, we signed a contract that they would provide a factory which they did not provide. The "no refunds" would only apply if they provided what was agreed to, which they did not at all.
  

  Customer response

  01/05/2024

  The item was returned to the merchant, and signed for on January 2, ****.  The original charge from the merchant was cancelled, but then after BBB closed the dispute on January 5, **** the scam merchant attempted to charge the card a SECOND time.  This is being monitored by **************** to be charged back to the merchant and hopefully they will use this to close the merchant's account for selling pornographic items which is not allowed under their MSA.
  

  Customer response

  01/05/2024

  The tracking for the return is *** 1ZA502T10377385797

  Proof of delivery is attached.

   

  Note that it was returned and signed for BEFORE they made this second attempt to charge my card.

  That is contrary to the merchant agreement, and contrary to what they have told you before.

  Their main business is pornographic cakes, which is why their real names and information are so well hidden.
  

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