(Closed) Should i sue my jeweler?

posted 6 years ago in Rings
Post # 3
Member
598 posts
Busy bee

WOW that is a nightmare!! I am so sorry! Best of luck getting your money back/the diamond you paid for!

Post # 4
Member
452 posts
Helper bee
  • Wedding: June 2009

I would get in there asap and get your money back before the 30 days are up.  Talk to the manager. If they refuse to give you your money back state that they sold you a diamond under false pretenses.  From my understanding, any treatments legally need to disclosed pre sale. I don’t think you need to sue, but I wouldn’t do any work with them again.  Which store was this?

Post # 6
Member
452 posts
Helper bee
  • Wedding: June 2009

That’s awful! I’m sorry you’re going though this.  I would think that if they’re at all worried about their customer base they would refund you, or are at least properly exchange it. What a bunch of slimes. Was it a local place or a chain store?    

Post # 7
Member
12 posts
Newbee
  • Wedding: November 2013

I would definitely consult with any lawyer friends or any law student friends first to find out what your options and rights are. Good luck, sorry you have to go through this!

Post # 8
Member
619 posts
Busy bee
  • Wedding: March 2013

I woiuld advise getting a second opinion from another gemologist just to be certain. It will help your case if you do go to court and also when confronting your jeweler. 

Post # 9
Member
385 posts
Helper bee
  • Wedding: March 2014

What does your receipt say they sold you? If they sold it to you under false pretenses, (they said it’s an I, SI1 for example) you definitely have the right to sue if they don’t give you your money back (most large retailers will, a couple of days is generally nothing.)

 “Truth refers to essentially the same concept, that customers have the right to know what they are buying, and that all necessary information should be on the label.” (quoting the almighty wiki on false advertising, lol) Since enhanced diamonds sell for significantly less than unenhanced ones, that’s definitely material.

Post # 10
Member
199 posts
Blushing bee
  • Wedding: April 2011

Yikes, that is an expensive ring to buy with no certification to go along with it. Not sure what you can do since they didn’t sell it to you saying what kinda diamond it is but def do what everyone above told you to do, best of luck!!

Post # 11
Member
4803 posts
Honey bee
  • Wedding: September 2011

@Sutaru:  Yes, what the receipt says is very important…if you have nothing in writing saying what quality the diamond is supposed to be it will be fairly impossible for you to win in court. It would be a case of you paid for a diamond and you got one, unless you have something in writing from the jeweler regarding the quality of it.

But I agree with PPs that any good business that wants to keep customers will fix it…but I fear they may not care much if they’d do this in the first place. If the first person you speak with isn’t helpful I’d insist on speaking to the owner, put up a fuss – I hate this because I work retail and it’s often overused by bratty customers, but throwing a fit and threatening to tell everyone you know does tend to get customers what they want.

Post # 12
Member
86 posts
Worker bee
  • Wedding: June 2012

It is so sad that there are jewelers out there looking to screw people over.  I had something similar happen to me, fiancee bought a ring from a family friend jeweler across the country, I didn’t like the setting so we had it changed & paid a little more for it.  Took it to get it appraised & there were cubic zirconia stones in the halo! UGH! Ok if that’s what you agreed you were paying for, NOT ok if you were under the presumption you were getting a very high quality diamond ring.  Not to scare you, but we had a pretty hard time getting our money back!  But we finally did after we made the jeweler realize that just because we were a few states away, didn’t mean we couldn’t really harm his business with bad advertising if he chose not to refund our money.  We had to sign a stupid agreement though saying we wouldn’t talk trash about his jewelry store if he gave us our money back.  What a scumbag!!! 

How did you or he pay for the diamond?  If it was with a credit card, call you credit card company ASAP and file a merchant dispute on the charge!  This was about the only thing that would have saved us if the jeweler hadn’t chosen to refund our money.  It’s a pain in the rear because you have to gather a bunch of evidence & write up a story, but the credit card companies always have their customer’s best interests in mind, so they will try hard to get your money back for you.  They do have deadlines on how far out you can do a dispute however, so if you paid for it with a credit card, get on it right away.  You can always call (like I ended up doing) and say the merchant already refunded my money & you can close the dispute.  

If you didn’t pay with a credit card, it gets a little trickier.  If they are uncooperative, definitely use the technique that PP said, threaten them with bad advertising.  You can call the Better Business Bureau, threaten to put an ad in the paper about what they did to you, etc.  

 

One last VERY important thing:  Be firm with them, but seriously, maintain YOUR professionalism.  I know it is super easy to go off on tangents & yell & curse at them, but it is so important that you be firm, but don’t act like a child.  That is one thing that my fiancee did that helped us get our money back, approached it as a strict business ordeal and was very firm with the jeweler, but never once yelled or cursed at him.  That helped us convince the jeweler to give us our money back–it was a straight cut & dry, “Hey, you did this to us, if you don’t give us our money back, just know we are capable of having a strong negative impact on your company.” The jeweler was very argumentative, but my fiancee never once stooped down to his level.  Hopefully it won’t turn into a legal matter, but if it does, if you maintain professionalism & keep your temper in check, this can definitely help you out in terms of winning any type of legal ordeal.  Plus, if you do have to resort to bad advertising, the jeweler can’t come back & say “Well this customer just cursed & yelled at me & of course I wasn’t willing to work with someone like that.” Etc. Etc. I know it is very very tough to do, but this is why I let my fiancee do all of the talking on the phone, he is able to maintain his emotions & temper very well.  Me–not so much. Haha!  

Best of luck to you!  I know it is so very stressful, and it is hard to believe that there are preople out there who would knowingly screw people over, espeically when it is involving something so personal and expensive as your wedding rings!  Try to hang in there & keep faith that something will work out! And when it does, you can still get a beautiful stone, it will just be delayed a little while longer. 

Post # 13
Member
2009 posts
Buzzing bee
  • Wedding: November 1999

Oh shit!!

Yep, I would get in there and get my money back.  If you cannot get it back IMMEDIATELY I would take legal action.  I would also leave a review for this company online so that other buyers aren’t put in this position later.

Good luck, I am so sorry that happened to you!

Post # 15
Member
4330 posts
Honey bee
  • Wedding: February 2009

I am not sure how much of a case you have.  Diamonds generally come cert’d, and buying one with profer papers is a HUGE risk the buyer takes on.  If it did come GIA, for example, cert’d but is obvioulsy not the same stone the GIA graded, then it is graud and you have a case for sure.  But if not, and you went past the 30days for exchange, I would plead with the store to at least let you exchange it.  But only for a stone with proper grading papers…= GIA or AGS

The appraisal value of something is not enough to dispute a credit card claim over.  The only way to prove you did not get what you paid is to show  on paper that they sold it as something else… 

Post # 16
Member
2725 posts
Sugar bee
  • Wedding: November 2011

I don’t think you can sue BUT you need to talk to the jeweler first and show them the paperwork. If they will not exchange or give your money back the following statements go a long way

“Ok I will be sure to talk to the Better Business Bureau”

“Good thing the attorney general of our state allows us to report fraud”

“I’m really great at writing letters to the editor”

 

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