ComplaintsforColonial Marble & Granite

• Initial Complaint

  11/22/2021

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I came to the *** showroom on 10/30/21. I worked with Dimitra A******** and told her I planned to renovate my kitchen but I was not at the point where I had a contractor or layout yet (but I showed her a layout in another rowhome and that I would try to do it like that). Dimitra gave me an estimate for ******** countertop based on my hypothetical layout and suggested I put a down payment down in order to get the sale they were promoting. The down payment would be $1,000 to "hold two slabs of ******** counter." The contract does NOT say that this down payment is non-refundable. It DOES say that once you get a template (which you have to pay half of the estimate price and then they come measure your space and start altering the slab) and they alter material, THEN the order is non refundable. However I did not get to that step. On 11/17/21 I emailed Dimitra and told her my situation had changed and I was no longer renovating my kitchen and to please refund the $1,000 deposit. She then called me and asked what happened. I then shared very personal information, that my mom was just diagnosed with cancer and very sick and would have to move in with me and therefore I needed my money to help pay for home health care and that I was no longer renovating my kitchen. Dimitra said she had to talk to the manager. Apparently, manager *********************** refuses to give me a refund. This is the WORST customer service I have ever heard of. The countertop, ********, is very popular so they will surely use those slabs (Dimitra confirmed this) so there will be NO loss to Colonial Marble. I did not get to the templating step so the slabs are untouched. I cannot believe that this company could be so heartless in this difficult time, especially when there is NO harm to them. I think this is unacceptable and unfair that they refuse to issue the refund under these circumstances.

  Business response

  12/02/2021

  Dear BBB,

  Colonial Marble & Granite's Cancellation Policy is clear on its face that beyond 3 days from the point of sale, cancellations are subject to a 25% fee of the total order cost.     Customer has incorrectly interpreted the cancellation policy language to believe that so long as no in home templating has occurred on the order, any cancellation is valid and deposit monies are returnable.  In fact, the language states that in the event a cancellation occurs after the time of template then an additional $200 template fee will also be collected.   In addition, customer is also incorrect in stating that Colonial Marble and Granite did not incur any costs associated with this order.   In fact, Colonial did arrange for 2 slabs of the ******** quartz material to be brought in from the Cambria supplier prior to the cancellation which was not returnable and sits in warehouse inventory.  Colonial's sales manager, Cleanthes, did speak with and explained this to the customer over the telephone.    Customer's $1,000 deposit will be kept on file with Colonial and applicable against any future order placed with the store as an accommodation, however a return of the deposit monies (which is also only 12/5% of the total order cost) is not an option.     

  Respectfully Submitted,

  Colonial Marble & Granite

  Customer response

  12/29/2021

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: 16170634
  
  I am rejecting this response because: Colonial Marble & Granite is deceitful, as are their sales tactics. First of all, the sales woman Dmitra told me that she would give me estimate on the most expensive quartz (********) to lock in sale price, but that I could make final decision to go with a less bold and less expensive quartz at the time of templating. So I question the veracity of Colonial's response claiming that they already purchased the ******** slabs and that they are "just sitting in their warehouse." Where is the proof of this? There is none. That is because per the alleged contract, the order is not processed until the after the customer pays 50% of the sales price and gets the template. Furthermore, even if that was the case they can simply sell the slabs to another customer and mitigate any alleged damages on their end for allegedly being out of pocket.

  
  

  The alleged contract provided by Colonial specifically states that the order is not processed until customer pays 50% deposit of estimated sales price and the stone is fabricated. The stone is not fabricated until after template is performed and the slabs cut per the template - aka fabricated. A quick ****** search tells you the definition of "fabrication" for countertop means cutting the stone slab according to the template of the kitchen, which cannot be done until the base cabinets and farmhouse sink are installed.  Here, the estimated sales price was $16,187.20. I paid a $1,000 deposit, with ******** to be paid prior to template (which would be 50% of sales price).  I never paid 50% of the sale price so the order was never processed. In addition, the template was never performed (note that 50% deposit is required before a template can be performed).  Thus, the stone slabs were not fabricated because there was no template to go from to cut the slabs. Bottom line: the order was not processed. Therefore I am entitled to a refund of my $1,000 deposit. 

  
  

  You would think Colonial Marble & Granite would have better customer service skills. Something personal came up that I am no longer able to renovate my kitchen. However, if and when I ever perform renovations in the future, I would never use Colonial Marble & Granite again and would not recommend them to anyone in my network. Putting customer service aside, since they want to use the alleged "contract" to support their deceptive and unprofessional behavior, by the plain language of their contract, I am entitled to my $1,000 deposit to be returned. This order was never processed, the stone was never fabricated, and therefore I am entitled to a refund of my initial $1,000. In addition, pursuant to contract law, all ambiguities in a contract must be construed against the drafter and in favor of the other party. So I am confident a court would agree with my interpretation of this alleged contract. 
  
  
  Regards,
  
  *********************************
  
  
  
  
  
  
  
  
  

  Business response

  02/16/2022

  Colonial Marble & Granite has read the customer's rejection and continues to stand by enforcement of its cancellation policy.   Customer has mistakenly interpreted the contract and is confusing the issue of "processing an order" with it's "Cancellation Policy".   In clear compliance with the Consumer Protection Act, customers are given 3 days from the time of sale to cancel a contract without incurring any penalty and full refund must be honored in those cases.   Beyond this 3 day window and prior to fabrication of any material, if cancellation occurs the customer is subject to a 25% cancellation fee.  In the present case, customer cancelled approximately 3 weeks following the point of sale.  A clearly signed cancellation policy is legally valid and binding on the consumer regardless of the extent of actual harm sustained to the merchant.  As far as customer feeling they still hadn't finalized their material selections and therefore should be allowed out of the contract, Colonial does allow customers in most cases to change their material selections prior to fabrication, and deposit monies received would be applied to the new order.  Again, the customer is wrongly applying the principle of the having the ability to make changes to a contract versus having the right to cancel a contract.          

  Respectfully Submitted,

  Colonial Marble & Granite

  Customer response

  02/18/2022

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because: this customer is not confused - the contract is ambiguous and any ambiguity goes against the drafter. This order was not processed so customer should be allowed to cancel per the contract. Colonial is not harmed at all and admits that customer can change material before template, which proves they are not harmed. Colonial should let this customer cancel the order since it was not processed and no material templated. Colonial is ripping off clients and this is unconscionable. 
  
  Regards,
  
  *********************************
  

• Initial Complaint

  10/19/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We purchased Quartz counter tops from Colonial marble & granite in August of 2021. After paying for our order in full (approx 5500 dollars) the problems began. I will outline below in the supporting documents all the mistakes & issues that have incurred with dates of each event. I spoke to the manager (***) after the island was finally installed correctly, I asked for a refund due to all the problems that had occurred, time off work that my husband had to take in order to be present for each day they were coming to fix/install the countertops, etc. Her response was as follows " we do not compensate for inconvenience/lost time, in our contract that you signed we reserve the "right to cure" (essentially stating this is perk to the customer even though the mistake is 100000% on their company), and we would like to offer you a $200 credit as a courtesy." After months of dealing with this company & all the time lost at work & not having a functional kitchen, that was their resolution.

  Business response

  11/01/2021

  Dear BBB,
  
  We have reviewed the customers complaint as well as their provided dates and timelines up to the point of completion and I understand the customer s frustrations.   However, all of the remedial  work that was performed was serviceable and covered under warranty.   There was also a chip in the customers quartz island which Colonial acknowledged was not repairable and ultimately remade the island.   Please understand It is not unordinary in the construction and custom fabrication industry that technicians need to make return services to provide additional services or  modifications after the original installation.    This is especially true with natural stone.  Colonials contract allows for this, by having an opportunity to cure.  In addition, per the terms of the contract, Colonial does not compensate for consequential or special damages, which would include missed time from work, lost earnings, or general inconvenience.    We do recognize that this customer was without use of a sink for 3-4 days and offered $200.00 as a reasonable accommodation, which we are willing to increase to $350.00 in order to bring this matter to a final resolution.     Please communicate this offer on Colonials behalf.    Thank you in advance.
  
  Respectfully Submitted,
  Colonial Marble & Granite

  Customer response

  12/16/2021

  As per our discussion today, my name is *************************. I filed a complaint with BBB several months ago about Colonial Marble and Granite. The company responded via the BBB site and offered a 350 dollar reimbursement as a resolution. I accepted that resolution over 3 weeks ago and have not received a response as of yet. If you could please advise of when the money would be refunded I would greatly appreciate it.
  
  Thank you,
  
  **** ******** 

  Business response

  12/17/2021

  Dear BBB,

  CMG received the original response from the customer accepting the $350 reimbursement as resolution on 12/13/21.  The customer was contacted by the service manager and the reimbursement was submitted for processing on 12/16/21 via credit card.

  Respectfully,

  Colonial Marble & Granite

• Initial Complaint

  09/30/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  The installer left a gap between two pieces of the counter top and put filler in it that left about 2 inches on each side of the gap with filler sticking up. He said that it would take 24 hours for it to dry and they would be back to fix it. I called to tell them that no only was there this ugly gap but that the counter did not allow for the measurement of the stove . The service agent, ***** stated that this happens and that when the finisher comes out he would cut the side to fit and fix the gap. . We continued to work in finishing the kitchen with her assuranceThe finisher who was scheduled for 9/ 8 was a no show. No one called. I called and complained. The finisher arrived on 9/10. He asked me who put the filler in the gap. He was unable to fix it and let them know. A "Specialist" was scheduled for 9/ 14th. They cancelled stating they needed special equipment. On 9/ 21 the Specialist arrived without the equipment. I called ***** again. She has not called back.

  Business response

  10/01/2021

  Dear BBB.

  The Resolution and Service Teams at Colonial Mable & Granite have reviewed this project, as well as the customers concerns, and have discussed next steps with the customer in order to bring the project to completion.  We have a date scheduled for repair work on Friday October 8th, and have a place holder appointment in for the following week in the event further follow up work is needed.  At this point, we consider customer confidence restored and the remainder of the order to proceed without further issue.

  Respectfully Submitted,
  Colonial Marble & Granite

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩