Do you think this is covered by section 75?

Toto

I have recently purchased a gold locket from the USA. Instead of having paper photographs inside the locket the company colour laser engrave them to the gold. A friend of mine had used the company before and her locket was lovely. I had just sold a lot of my late mother's old broken jewellery, so wanted to replace it with something which would be worn and enjoyed. So, I bought a locket which had the space for 4 pictures, one of each of my children.

I paid to have proofs of the photographs emailed to me before they were engraved because there is a no returns policy on custom made items like this. The company sent the proofs and they looked great so I went ahead and agreed to the jewellery being made.

Yesterday the locket arrived, 3 of the photos are great, exactly as the proofs had shown. But the 4th one (well actually the first one because it's the first one you see when you open it) is awful. There is a huge black blob at the bottom which covers half of the photo area, with a nasty red stripe on the blob. Here are the photos so you see what I mean.

This is the proof I was sent.


This is the locket I received.



Now, I emailed the company and to cut a long story short they couldn't care less. It turns out that they decided to photoshop the bottom of the photo, this was done on purpose, someone had looked at it and thought... that looks good lets engrave that without asking first. The owner of this company is pretty rude and won't answer any simple questions like 'why did you go ahead with this without sending me a new proof after you had photoshopped the original?' 'why did you not ask for a different picture if the one I sent you needed to be altered' 'Can I have a refund please because this isn't what I agreed to' which I really don't think is unreasonable seeing as I paid extra to have the proofs sent.

So, before I carry on beating my head against a brick wall and end up being pretty rude to this guy, do you think I have a claim under section 75? it was paid for with my credit card and it was just over $700 in total. If I do have a claim, exactly what would I claim for? breach of contract? and would I claim for the full refund on the item? Sorry for so many questions but I've not had to do this before. Also, if I do claim, do I send the item back to the company or keep it for the credit card company?