Not Happy with my Diamond - Part 2

[ebast1]

Well - I got my ring appraised today. I finally heard what I wanted to hear. The center diamond - that was supposedly .62, is really .55 and the clarity is an I1 instead of any SI. The tiny side stones are Si1''s. The color is what King''s advertised though. So that is about all that matches up. Any thoughts on how to handle going back into King''s and asking them what the deal is? Can I go in an demand a replacement of the center stone with a .62 SI-1 G color stone - like what I thought we were buying? And if they deny me that, can I demand a full refund and go elsewhere? Can I threaten bad publicity and getting the BBB on their case? How angry should I be when I walk in there? How much should I listen to the manager - who was so very unhelpful the first time and told me there is nothing I can do? The appraiser said that the difference between an Si2 and I-1 is about $300-$400. I used an appraiser recommended from this website in the Cleveland area. I will get the full official report in about a week. Thank you!

Erica

 

[Todd07]

Hopefully a pro will weigh in with advice.

As a consumer, I'd:
Get my facts organized
- write down the history of what was discussed and when.
- make copies of all documentation (keep the originals)
- did I pay by credit card? If so, call my card to see how they can help

Prepare to negotiate
- what's my best case solution (full refund plus cost of appraisal?)
- what's my bottom line (replace center stone with SI? ideal cut? size range?)
- what's my stick? complaint with BBB, court?

call first, indicate I have a complaint, and make an appointment with the owner/manager. At the meeting, explain briefly and accurately the nature of the problem and what I want the jeweler to do. Be firm, but polite (no displays of temper)

If that doesn't work, put my complaint in writing. The 1-2pg letter should be polite, organized, and typed. It should include:
- contact info
- brief statement of the important facts
- description of what I have done to try resolve the complaint
- what I want them to do and a reasonable time period for a response.
- include copies of all documents

95% certain sending a certified letter will fix this. Then BBB and small claims

 

[ebast1]

Thank you all so much for replying! I hope I don't lose my nerve walking in there - or my temper. This has just been another hassle on top of everything else and I want it to be done with, and I want King's to make me happy - i'm just worried that the manager will laugh in my face and assume I won't do anything about it. I don't want this to go any further than replacing the center stone or a full refund! Wish me luck!

Erica

 

[ame]

Get your money. I wouldn't bother with a replacement. They sold misrepresented product. Make a HUGE stink about it.

 

[Diamondsbybree]

If your within the time of returning the merchandise, I say get your money and run~!

 

[Todd07]

----------------
On 9/23/2004 11:41:58 AM Diamondsbybree wrote:





If your within the time of returning the merchandise, I say get your money and run~!
----------------

It's a case of deception /fraud so the return policy should be irrelevant. If it was accidental, the jeweler will give the refund.

 

[denverappraiser]

Erica,

They will probably be very nice about it and, in any case, you should feel no guilt whatsoever about stating your case. You are 100% entitled to a ring that is exactly what you paid for. Read the fine print and the item description on your original sales receipt. It probably says what their policy is in this kind of case. It may be necessary to wait until you have the actual document from the appraiser so that you can be certain that you are comparing properly but I would expect the manager to be very cooperative. Kings is not a fly by night outfit.

Neil Beaty, GG ISA
Independent Appraisals in Denver

 

[oldminer]

The weight of the center diamond was probably estimated by your appraiser rather than an exact weight made on a diamond scale. This is a normal situation as one would not want a diamond removed and re-set needlessly.




You need King's to remove the diamond and weigh it in your presence if the above scenario is correct. This will eliminate any problem you have on weight, or confirm there is an objective, non-opinion, issue with your purchase. Weight is fact, not opinion.




Be open to a reasonable solution and you may get one.... I hope it goes well for you.




Do not allow the diamond to be removed from the setting by anyone other than the seller or only with permission of the seller. Otherwise they could well claim someone switched their diamond and what you now are showing them is not the diamond they sold you.... That makes for a very problematic situation.

 

[ebast1]

Thank you all again so much for all of this helpful information. I am so glad I found this website!! Dave (my fiance) and I are greatly relieved to have answers to our questions! I'll keep you all updated since I know you are dying to find out what happens!

(yeah right)

Erica

 

[Garry H (Cut Nut)]

Dave has given you good advice.

Remember also that the retailer has rights, and could sue you for defemation. So remeber you too are living in a glass house.

 

[ebast1]

How could they sue us? If we went ahead and blabbed about how terrible they are before going in and attempting to rectify the situation? This is not good, I didn't even think about that. They can't sue us for going in to talk to them about problems with our purchase, can they? Oy!

Erica

 

[Jolie]

I hate to go off-subject, but about that "you can be sued" statement - anyone can sue anyone else for anything, but whether or not they win is a whole different issue.

Since this is a public board discussing the quality of diamonds, I think the quality of the diamond you bought from a vendor servicing the public is a matter of public concern. Therefore, in order to win, they would have to prove that your statement was made with malice. That is, that you KNEW your statement was not true or had a reckless disregard for its truth or falsity. Think they can prove that? I don't. And a suit would just make a public record out of all the issues you have with their product. Think they want that? I don't.

So, yeah, you can be sued. But they would have a difficult time prevailing. And when they loose, they eat their own attorneys fees, plus pay your costs as well as their own. I wouldn't worry too much about that "you can be sued" threat. Businesses love to throw that word around to intimidate people, but they don't tell you the flip side - vast majority of plaintiffs in lawsuits do not prevail.

Can you tell I don't care for lawyers? Sorry for this rant.

 

[ebast1]

No apologies necesssary!! Thank you for the rant - it made me feel better

 

[valeria101]

The easiest for everyone is to give you satisfaction... after some small, purely "for show" hassle. Hopefuly, there will not be even that and you will not ahve to explain anything about why you are not satisfied with the product. Curtesy is cheap - most of the time. Hope this seller knows the mantra, of course...

Keep us posted

 

[hoorray]

----------------
On 9/23/2004 10:22:28 AM ebast1 wrote:

Thank you all so much for replying! I hope I don't lose my nerve walking in there - or my temper. This has just been another hassle on top of everything else and I want it to be done with, and I want King's to make me happy - i'm just worried that the manager will laugh in my face and assume I won't do anything about it. I don't want this to go any further than replacing the center stone or a full refund! Wish me luck!

Erica----------------

Don't lose your temper. Use your facts. You've had a lot of good advice here -- especially by experts in the business. Gather you facts together, go in with a level, confident head, and just expect the right thing to be done. You have to be reasonable on things like letting them remove and actually weigh the stone. You have to be ready for the actual weight to be closer to or what they say the sold you (since the appraiser had to estimate it). You have to hold you ground and not cave in about the variances. This is a business deal. Treat them well but hold your ground, and they should do the same to you.

I don't know anything about Kings, but it sounds as if people think they will be fair with you. If they are not, don't lose your temper in front of them, just keep at it untill they realize the wrong in their ways.....

Good luck!

 

[jesrush]

Erica,

The advice above is good, the key point being that appraising a *mounted* diamond is difficult, so that information on weight and clarity from the appraiser is just a good--but not perfect--estimate.

If the stone were removed from the setting and checked out, it may very well be .62\SI1 as the jeweler advertised.

So if the apparent discrepancy is serious enough to bother you, you'll need to have the diamond removed and checked out. You'll want to have Kings do this or you'll risk a stone-switching scenario like Dave pointed out.

Let us know how it works out!

-JES