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you won't get what you bid, they will just give you poor quality replacement and retain your buyer premium
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I have filed a complaint against SMRJ, which is the auction section of Shivum via BBB, case is closed due to SMRJ has no response. BBB doesn't pose the case in details but I would like to share my experience here, to alert other potential buyers that this
company is not trustworthy. Besides, they will use different names to host online auctions such SMRJ Auctions, LA Gems & Diamonds, A nice gift for you, Shivum Jewelry Outlet inc., Parwal Gems inc., 88 East of the West Auctions. Don’t fall in his trap that
is why he uses many names.. Be aware of this business and do not fall in their traps. Consumer's Original Complaint : SMRJ is selling something they don't have and send replacement with poor quality, they breached the contract but refused to refund the buyer
premium. In Sept 2014, I won a diamond from SMRJ Auctions via an platform which is named Invaluable. It is Lot 200080503: EGL CERT 1.03 CTW ROUND CUT DIAMOND D/SI1 EGL International Certificated. I paid total USD3610 for this item, $3000 for the aution value
plus $450 buyer premium and $160 for shipping/insurance. What I received was a diamond and EGL Hong Kong certificate. The diamond has 2 black carbon inclusions, one is in the middle of the table, they are so obvious that they can be seen by naked eyes in an
arm's length. The color looks like yellow in stead of colorless. It is impossible to be graded as D/SI, it looks like H/I3. The EGL Hong Kong certificate states 1.06 carat, D/SI1, EX cut. However, this certificate cannot certify the diamond they sent to me.
There is no laser inscription, diamond proportion, clarity characteristics on the certificate. Most importantly, the face up photo on the certificate doesn't match with the diamond I received. There is a comment on the certificate "Picture for illustration
only"! Why they use illustration picture but not use the actual photo of the diamond? I immediately sent email to the company and ask why the diamond was different from the one I won. They just replied that my winning item was not available at the time I paid
and they just sent me a poor quality replacement without my consents. I demanded for the refund and they only agreed to pay me back $3000 but retain my buyer premium and others total $610. I have sent several emails complaining about it, but they insist that
they have sent me a diamond with same color/clarity and greater weight, but they have no way to show me the "certificate" is the certificate of the diamond and therefore, they can't even prove the diamond is same color/clarity as they declared. When a certificate
doesn't match with the diamond, there is no way to call the diamond "certificated". BUSINESS RESPONSE 1 The winning item is EGL CERT 1.03 CTW ROUND CUT DIAMOND D/SI1 EGL INTERNATIONAL and the item that the customer received is EGL CERT 1.06 CTW ROUND CUT DIAMOND
D/SI1 EGL INTERNATIONAL which only means that we never sent the customer item less of what he should be receiving but instead we gave him a greater value of what he had paid for. In the description of the item the diamond is an EGL INTERNATIONAL which means
that the diamond could be certified by any laboratories/branch of EGL worldwide. It is the customer's responsibility to check the veracity of the item prior to bidding. Customer should have requested us a copy of the certificate prior to bidding so that he
would know the details of what he is bidding. The diamond that we sent the customer is the exact diamond in the certificate issued by EGL. It is not our company to question how EGL grades diamonds since EGL is one of the top gemologist in the world not to
mention the numerous laboratories they have worldwide. Nevertheless as per our Terms and Condition regarding Return Policy, Auction Premium and Shipping charge are both non-refundable. CONSUMER REBUTTAL TO BUSINESS RESPONSE 1 On 9/4, I arranged the payment,
on 9/12, the auction house confirmed the payment was received, on 9/16 and 9/23, I sent inquiries for shipping schedule but no response, on 9/26, they informed me that my winning item was shipped, on 9/27, I received the item. From the time I paid to the parcel
arrived, there was 22 days for SMRJ to inform me that my winning item was not available and they would send me a replacement. However, they did nothing during this period. Until I received the item and I asked why it wasn't the one I won, they just told me
that my winning item was not available at the time I paid! We had several email exchanges during that period, but they mentioned nothing about the replacement in these 22 days. My winning item is different from the item I received, how can I check the veracity
of the item prior to bidding? If they inform me they would send me a replacement, I would 100% ask for the copy of the certificate. If I have a chance to preview the certificate, I would for sure refuse the replacement as the certificate has no way to certify
a diamond, no laser inscription, no clarity characteristics, no cut proportion and the photo is for illustration only. But sadly, they did not give me the chance. They just send me the replacement without notification, even they have 22 days to do so. Every
bidding is a binding contract, I paid what I won and they should send me my winning item. When my winning item was not available, the contract is voided. I have my rights to cancel the deal or continue the contract by accepting a replacement. At this point,
the value of the replacement is judged by the consumer but not the auction house. To me, the value of the replacement is unacceptable, even the auction house declares the value is higher. SMRJ auctions violated the spirit of contract and abolished consumer's
rights to said "No". They breached the contract and therefore, they are not entitle to rely on their terms and condition to retain the buyer premium, shipping and insurance. BUSINESS RESPONSE 2 It is the bidder's responsibility to coordinate with auction house
prior to bidding. CONSUMER REBUTTAL TO BUSINESS RESPONSE 2 How can I coordinate with auction house prior to bidding for a replacement? Does that mean they may not have the items they posted on the bidding websites, and they are selling things they don't have,
so customers have to check stocks with them proactively and also ask the quality of replacement? Is this business practice legitimate? This auction house induces customers into the bidding contract by posting the items they may not have, after the bidding,
they just send the poor quality replacement to customer and shift all responsibility to customers by saying "It is the bidder's responsibility to coordinate with auction house prior to bidding" for a replacement! It is impossible for a normal person anticipating
his/her winning items will not be available and ask questions about a replacement prior bidding. If I know they will breach the contract, I won't bid! SMRJ Auctions breached the contract and they have responsibility to notify the customer at the time the winning
item was not available and seek remedy. They are not entitle to rely on their terms and condition to retain the buyer premium, shipping and insurance. No more response from the business, they just keep using this tactic to retain buyer premium without paying
any cost!
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