10 Day Return Policy- Taking Legal Action

[journey1]

Hi there. Have any of you taken legal action against a retailer with a return policy that is less than industry standard (i.e. 10 day return policy on diamonds)?

I am looking into legal recourse and am trying to determine what the best course of action is- attorney or small claims court. I also have BBB investigating the situation. Small claims court said the amount in question exceeds what they will allow- but I can bring the company to court for the loss that would be incurred in a buyback. Please no flaming here- just looking for other people who may be going through (or who may have gone through) the same process. I can''t begin to communicate how much heartache this situation has caused in my personal relationship, and I want to make sure I do what I can so it doesn''t happen to someone else. Thanks!

 

[vslover]

I personally wouldn''t buy from a place with a less than 30 day return policy...but I''m not sure how much of a legal standing you''d have if the return policy was told to you upfront.

 

[Adylon]

I''m not a lawyer so don''t take this as legal advice, however I don''t think you can sue someone because they don''t comply with some industry standard, especially if unregulated by the government. Some regulations (like calling something "gold" jewelry that is less then 10K is not permitted), but there''s nothing legally requiring X # of return days.

I would pursue the matter in another angle. I would try to find a way they misrepresented the product to you, because you obviously were happy to make the purchase, and now you''re unhappy. So something changed during that time period and if you were promised something then I would try to demand you get that something or that you''ll be taking legal action.

 

[jewelerman]

journey,
You may have to tell us more about your case as there is no exact industry wide standard for return in the trade .Ive worked for jewelry stores that have a no return policy,2 week return,30 day,90 day and 120 day return,and an exchange only if not worn or sized policy...many had the policy stated in the store,on the reciept, or the person had to actually sign the recipt stating they know what the return policy is(exchange only).A store can set its own return policy,but it must be made clear to clients at the time of purchase...a small claims judge will consentrate on how and if you were informed of the policy rather then the length of time.I hope this information might help you case.Good Luck.

 

[J2K]

Yes, you''d probably have to find a way to prove misrepresentation. If the diamond is not what you expected, can you take it to an independent appraiser to prove that? If the setting is not what you expected, or a custom job, you may have a leg to stand on.

This is all assuming you''re talking about a diamond ring though, so the above may not even apply. Have you talked to the owner of the store? Sometimes they''re very willing to work with you, even if your return period is over... just to keep a customer happy.

 

[oldminer]

Yosef has given you some sage advice. However, I'd caution you not to 'create" a reason why you want to make a late return, but just be truthful about what has caused the problem. At the very least, tell us why you want to make the return and let us suggest some course of action besides a lawyer, if possible. I doubt you can call any particular length of return policy a jewelry industry standard. Once you reach a point in a disagreement with a merchant and threaten legal action, the most common response is not a reasonable compromise any longer, but a flat refusal to listen to you. Then the money starts to flow out of your pockets and from the merchant's pockets into the welcoming pockets of the legal guys. Rarely does a consumer win enough in court or arbitration to cover the expenses of the litigation Mostly it is a matter of pride, your time and money. These can be better spent on other things.

 

[crcostel]

Having a return policy that is less than the "standard" is not the basis for a lawsuit. Especially if you had their return policy available to you before you bought the item.

I think the other posters are pointing you on the right track with a misrepresentation claim. If they sold you a platinum setting and you got a WG one you might have a case. You didn''t really go into detail about why you want to return.

 

[csullivan13]

Hi,

Sorry for your issue, I''ve worked in retail for a long time though never in jewelry but if the return policy was disclosed to you prior to purchase you don''t have much recourse beyond appealling to a caring employee who can help you and they are usually few and far between. I previously worked for a retail company that had an everything is final sale policy that often caused lots of irate customers but there was lilttle that could be done. There is no retail standard that I''ve been aware of in 18+ years and you''ll find more and more restrictive policies the smaller the business is. If you''ll share more details with us, I''m sure the board can help you out with some productive suggestions and possible solutions.

 

[denverappraiser]

No Refunds is a common return policy in the jewelry industry and there are jewelers all over the world using it. You can and should feel free to simply avoid shopping with such places but the fact that this isn’t a very generous program is not the basis for a legal case after you bought something and they refused to refund it. This case will lose at the BBB as well. I’m with the above advisers that you need to find a different approach. There is no 'industry standard' terms to be violated.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Jewelry Appraisals in Denver

 

[Richard Sherwood]

Actually, 10 days isn''t totally unreasonable... There''s many a time I''ve had to do appraisals for verification within that time frame.

It''s a whole lot better than nothing, and gives a consumer a fairly reasonable amount of time to have the piece checked out.

Often dealers are under time constraints with pieces they get in on memo, and have to pay their supplier quickly. They wait 10 days to make sure you''re happy, pay their supplier and the deal is done.

Did you not know about the 10 days up front?