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Engagement ring disaster, please help us make next move.

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Date: 10/28/2008 11:19:29 PM
Author: alexis5
we have just finished a long email to the jeweler listing every part of the purchase, the information on which we based our decision etc etc.

in answer to sharon''s post we paid so far above the price of an H, VVS2 that it is embarrassing (and even more infuriating). the insane thing is we paid above a standard E, VS1 price (which we knew was for the name). we did this because we felt this gave us piece of mind that we were getting what we paid for (!). sadly, we in no way got ''what we paid for'' and may have decided to let this go if we had based our decision on the EGL cert alone and priced it accordingly.

we more than double the approx standard internet price of an H, VVS stone. great feeling.

we are both stressed and upset but know the main thing is that we are dealing with this together and that our engagement is the most important thing. whatever happens we are clear on this.

Im really sorry to hear that. So you can be sure that you are dealing with some pretty crooked vendors imo. Its one thing to assign a false soft reading on a diamond that you are selling, but its really low to price it as if it were the real deal eg. GIA prices.

I wish you well here, you might be the ones who make this seller finally face consequences for his actions. I hope so.

And, fwiw, I didnt mean to ask for prices, but you got the drift of what I meant.
 
Oh alexis, I''m sorry you are still having trouble..
I''m not sure what advice to offer, except make sure you keep harassing the consumer body..

Perhaps if they still resist it is time to direct them here and advise politely you are tempted to start a new thread with their name in the title..
Often PS is a 2nd or 3rd item returned on a google search..
 
Date: 10/28/2008 2:53:02 PM
Author: alexis5
what we have from them is an email saying it is GIA certified (see below in french) and an email comparing the 'stats' of the EGL to their grading (one colour down from their grading, one clarity grade up etc). i don't think we have the card they wrote on when we were first there but both these emails set out their position.

Diamant : Taille « VDB Diamond Cut »1,07 cts (env. selon évaluation avec certificat GIA fourni)

I’m sorry to hear this is continuing to be difficult.

I don’t speak French either but even in English the term ‘GIA certificate’ is it’s own complicated mess. GIA provides no documents that they call certificates and they offer no services that they say results in a stone being ‘certified’. They are, in fact, quite careful to avoid using this word and specifically instruct their graduates and customers to do the same although few comply.

Here’s an official statement by from GIA on the subject.

http://www.gia.edu/about/wd_42_copyright__trademarks.cfm

Contrary to GIA’s position on the nomenclature and despite their protests over the use of the word, the work product of their labs in California and NY are routinely called ‘certificates’ by pretty much everybody else and the subject stones are widely known as ‘certified’.

Unfortunately, this isn’t a simple question of semantics.

What complicates the matter is that GIA’s primary purpose (supposedly) is to operate as a college for gemologists and they have LOTS of graduates, including myself, many employees of EGL and presumably at least one employee of that jeweler. A fair number of their graduates also issue grading reports and these also get called certificates. In fact, some of these are even titled as such. This makes for a peculiar legal question about what exactly is a ‘GIA certificate’ and who is entitled to produce one. According to GIA, there’s no such thing. There are others who would argue that any GIA alumni or even just someone completely unrelated but who is claiming to use the GIA grading scales can produce one.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver
 
who is the jeweler? perhaps you should decide what you want. do you want a refund based on the dimaond stats? a full refund? a better diamond. i would write a letter staing clearly what you want and get a lawyer. have this written on the their letterhead and send a copy to the swiss consumer affairs dept
 
Date: 10/29/2008 7:09:56 AM
Author: denverappraiser


Here’s an official statement by from GIA on the subject.

http://www.gia.edu/about/wd_42_copyright__trademarks.cfm

Contrary to GIA’s position on the nomenclature and despite their protests over the use of the word, the work product of their labs in California and NY are routinely called ‘certificates’ by pretty much everybody else and the subject stones are widely known as ‘certified’.

Unfortunately, this isn’t a simple question of semantics.

What complicates the matter is that GIA’s primary purpose (supposedly) is to operate as a college for gemologists and they have LOTS of graduates, including myself, many employees of EGL and presumably at least one employee of that jeweler. A fair number of their graduates also issue grading reports and these also get called certificates. In fact, some of these are even titled as such. This makes for a peculiar legal question about what exactly is a ‘GIA certificate’ and who is entitled to produce one. According to GIA, there’s no such thing. There are others who would argue that any GIA alumni or even just someone completely unrelated but who is claiming to use the GIA grading scales can produce one.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver
V. interesting points Neil, it certainly seems the consumer is at a disadvantage from the get - go with this debacle..
Hopefully she can prove what they meant when they said GIA certified, but I have a feeling this is moving into lawyer territory
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- alot of issues for average consumer to contest
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Date: 10/29/2008 8:29:25 AM
Author: bgray
who is the jeweler? perhaps you should decide what you want. do you want a refund based on the diamond stats? a full refund? a better diamond. i would write a letter stating clearly what you want and get a lawyer. have this written on the their letterhead and send a copy to the swiss consumer affairs dept

we have written to them and outlined all of the points mentioned and then concluding with our request that we receive a full refund.
we have included in the letter that we have spoken with consumer bureau in swizterland and a swiss lawyer (we have consulted one but not engaged him yet). we were wanting to let them know that we would publicise this as much as possible if they do not agree to this but were unsure how to say this without it being a blatant threat... so we left it for now and will wait for the next stage with lawyers so they can advice us on how to get this message across in an ethical way (if that is possible?). we need the lawyers to do it for us probably, because we are both terrible at trying to show we will be trouble makers. my fiance''s family still lives in Geneva so at least we can get good contacts for lawyers - and get the word to a lot of people to avoid this company in the future!

either way i plan to post here with a title ''EGL Antwerp'' to make sure people are very wary of these certs and get another opinion. i have been trying to call them for weeks to verify the cert and it is an answering machine that you can''t leave a message on b.c it is full. i will of course not suggest that people discount these certificates as there may some very good appraisers there, i just want people to be wary and, if the grade is important, to seek another opinion early on.

if they do not turn things around pretty quickly and explain what happened with their/GIA cert we will post their name here too. i think we have done them a favour not already doing this after their initial response.

they have said they will get back to us tomorrow. i hope it is first thing!

a question ... if they say the grading they originally informed us of didn''t exist, meaning they were going to sell the stone on their word and no official grading, is this legal? it was us who asked for another cert, they told us it was unnecessary...
 
Date: 10/29/2008 7:09:56 AM
Author: denverappraiser
Date: 10/28/2008 2:53:02 PM


I’m sorry to hear this is continuing to be difficult.


I don’t speak French either but even in English the term ‘GIA certificate’ is it’s own complicated mess. GIA provides no documents that they call certificates and they offer no services that they say results in a stone being ‘certified’. They are, in fact, quite careful to avoid using this word and specifically instruct their graduates and customers to do the same although few comply.


Here’s an official statement by from GIA on the subject.


http://www.gia.edu/about/wd_42_copyright__trademarks.cfm


Contrary to GIA’s position on the nomenclature and despite their protests over the use of the word, the work product of their labs in California and NY are routinely called ‘certificates’ by pretty much everybody else and the subject stones are widely known as ‘certified’.


Unfortunately, this isn’t a simple question of semantics.


What complicates the matter is that GIA’s primary purpose (supposedly) is to operate as a college for gemologists and they have LOTS of graduates, including myself, many employees of EGL and presumably at least one employee of that jeweler. A fair number of their graduates also issue grading reports and these also get called certificates. In fact, some of these are even titled as such. This makes for a peculiar legal question about what exactly is a ‘GIA certificate’ and who is entitled to produce one. According to GIA, there’s no such thing. There are others who would argue that any GIA alumni or even just someone completely unrelated but who is claiming to use the GIA grading scales can produce one.


Neil Beaty

GG(GIA) ICGA(AGS) NAJA

Professional Appraisals in Denver

Hi Neil,

thanks again for these sorts of clarifications - even though i wish this wasn''t the case!
can you tell me, if they informed us that the diamond had a laser inscription with the GIA number (which they did) so that we could just verify it when we went to GIA in the future, does this eliminate doubt about what they meant by GIA ''certified''?

many thanks
 
As I said, GIA won’t agree to the point that ANYTHING or anyone is ‘GIA certified’. The presence of an inscription on the girdle with GIA’s logo and a number that matches a GIA issued document and the online records in their website is a pretty good clue that they did indeed examine the stone. This seems like not your situation. You’re speculating that the very first time GIA saw your stone is when you gave it to them in NY. This seems reasonably likely but, so far, the jeweler doesn’t seem to have agreed to this. Presumably if an inscription was present, GIA would have noticed it when you took it in and it would have been referenced on your lab report.

Saying that there’s a girdle inscription that references a GIA inspection when this is not the case is it’s own misrepresentation but I have no idea how the Swiss deal with that sort of thing.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Jewelry Appraisals in Denver
 
Date: 10/29/2008 1:17:53 PM
Author: denverappraiser
As I said, GIA won’t agree to the point that ANYTHING or anyone is ‘GIA certified’. The presence of an inscription on the girdle with GIA’s logo and a number that matches a GIA issued document and the online records in their website is a pretty good clue that they did indeed examine the stone. This seems like not your situation. You’re speculating that the very first time GIA saw your stone is when you gave it to them in NY. This seems reasonably likely but, so far, the jeweler doesn’t seem to have agreed to this. Presumably if an inscription was present, GIA would have noticed it when you took it in and it would have been referenced on your lab report.


Saying that there’s a girdle inscription that references a GIA inspection when this is not the case is it’s own misrepresentation but I have no idea how the Swiss deal with that sort of thing.


Neil Beaty

GG(GIA) ICGA(AGS) NAJA

Professional Jewelry Appraisals in Denver


Date: 10/29/2008 1:17:53 PM
Author: denverappraiser
As I said, GIA won’t agree to the point that ANYTHING or anyone is ‘GIA certified’. The presence of an inscription on the girdle with GIA’s logo and a number that matches a GIA issued document and the online records in their website is a pretty good clue that they did indeed examine the stone. This seems like not your situation. You’re speculating that the very first time GIA saw your stone is when you gave it to them in NY. This seems reasonably likely but, so far, the jeweler doesn’t seem to have agreed to this. Presumably if an inscription was present, GIA would have noticed it when you took it in and it would have been referenced on your lab report.


Saying that there’s a girdle inscription that references a GIA inspection when this is not the case is it’s own misrepresentation but I have no idea how the Swiss deal with that sort of thing.


Neil Beaty

GG(GIA) ICGA(AGS) NAJA

Professional Jewelry Appraisals in Denver

We spoke with a GIA gemologist when we picked up the stone and they confirmed there was no inscription on the diamond (GIA or otherwise). so it is a clear misrepresentation... I am still trying to find ways that it is just a mix up but things like this make it seem otherwise.

The Swiss have laws for each canton (state) so we are finding out through the Consumer Bureau what the laws are for Geneva. I can''t imagine that any swiss law system wouldn''t protect against what is essentially lying.

do you know if it fine to sell a stone in the USA without grading it? they have to either say ''no it wasn''t ever graded'', which means their emails contain incorrect information or ''yes it was graded as E/ VS1, but by someone to do with GIA not the actual GIA laboratory'' which sounds like it could be a sticky point from your information... although even if this is the case, they still presented it as an E/ VS1 (by GIA however that is qualifies) and based the original price, which we paid, on this grade. i still think it remains pretty clear cut in terms of misrepresentation but I will have to see where they go next I guess.
 
the jeweler said they would get back to us by end of day Thursday. It is now 5:15pm in Geneva.. I am worried they are not going to get back to us and we will have to wait yet another day. we have just sent another email asking them to let us know if they will get back to us today or not.

urrrgh, sitting it out is horrible, i really don''t want it to drag on anymore. I just want to know their position either way so we know what is in store for us...
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they have finally come back to us and told us that they will not cancel the sale. they have not addressed their statements to us or the emails in which they state the colour and certification of the stone.

i have been in tears all morning. i can''t believe they would behave this way over such a significant item. we really don''t know what to do from here but know that we will continue with legal action. the ring obviously has really bad associations now but we also can''t afford a new one. this is not what we want to focus on right now - we have a wedding and honeymoon and more importantly a marriage to think about.

please can you give me your advice and opinions on how to communicate that we will publicize this via word of mouth (we know people in Geneva and Paris etc including a person in the trade), internet forums, magazine articles, trade fares etc etc WITHOUT being unethical or jeopardising our case in any way but giving them another option to resolve before we file a claim. I am having trouble of thinking of a way to word this civilly and carefully.

i really need some advice (and it doesn''t have to be legal as that is obviously particular to switzerland) so thank you very much for any you have in advance.
 
Ohhh Alexis I am so sorry to hear that you are having trouble. Usually the best way to publicize is to put the name of the jeweller in the heading of the thread and then tell your story as factually as possible. If you don''t call them liars, scammers, etc. there really is nothing illegal about it (and even then they would have to go after you and prove they didn''t lie to you).

But if you stick with the facts, especially the way this has been handled now, and you will get your point across.
 
Date: 10/31/2008 8:46:29 AM
Author: alexis5
they have finally come back to us and told us that they will not cancel the sale. they have not addressed their statements to us or the emails in which they state the colour and certification of the stone.

i have been in tears all morning. i can''t believe they would behave this way over such a significant item. we really don''t know what to do from here but know that we will continue with legal action. the ring obviously has really bad associations now but we also can''t afford a new one. this is not what we want to focus on right now - we have a wedding and honeymoon and more importantly a marriage to think about.

please can you give me your advice and opinions on how to communicate that we will publicize this via word of mouth (we know people in Geneva and Paris etc including a person in the trade), internet forums, magazine articles, trade fares etc etc WITHOUT being unethical or jeopardising our case in any way but giving them another option to resolve before we file a claim. I am having trouble of thinking of a way to word this civilly and carefully.

i really need some advice (and it doesn''t have to be legal as that is obviously particular to switzerland) so thank you very much for any you have in advance.
Hi Alexis, that really just plain SUX. I think it is at least time to post their details here - and I am Not saying that to be sensational, but as I mentioned earlier this site gets alot of traffic. There are tons of mbrs and thousands of "lurkers" at any one time.
Perhaps if you direct them to read the thread (send the link), and they see people''s reactions that will get the ball rolling?

I can''t advise you on the other stuff - but we do have quite a few lawyers around here. Many longer term mbrs don''t frequent Rockytalk too much - an option may be starting a new thread in Hangout, with a title like "Legal advice needed re ring"..post a short synopsis and your questions from above, and hopefully some of the ladies will chime in..

I can''t imagine how sucky it is to have to deal with this leading up to your wedding - are you still going to file with your lawyer? Do they have the equivalent of a small claims court there?

((hugs))..
 
Date: 10/27/2008 9:16:31 AM
Author: denverappraiser

The other explanation is that you agreed to accept the grading opinions of EGL-International as an acceptable substitute for GIA in order to do your deal more quickly and, based on this agreement, that’s what they delivered. Frankly, it's a pretty good argument. I would hold in check the fingerpointing and threats of lawsuits and public embarrassment and appeal to their sense of good customer relations. You're unhappy, you've got a good reason to be unhappy, and it would sure be nice of them to fix it. Please.
17.gif


You can always raise the volume later if that doesn't work.

Neil Beaty
GG(GIA) ICGA(AGS) NAJA
Professional Appraisals in Denver
This, to me, is the true sticky point in this whole mess. Their statements about the "GIA" certificate are ,as Neil pointed out, ambiguous and may indeed accurately reflect their interpretation of the situation: they had a graduate GIA gemologist do the color rating etc. prior to putting the stone on sale originally. Since you never asked them to show you the TRU GIA grade report, they were never actually caught in this lie, and so there is no real way to prove it was indeed a lie. Then, they provided and EGL cert that you deemed acceptable. Where this is sticky is that EGL indeed confirms the grading to reflect what you bought (or at least close enough for your liking). The fact that the real GIA diagrees with this grading is probably moot from a legal standpoint, and perhaps even from a better business standpoint. Many jewelers sell diamonds with grading reports from labs NOT GIA or AGS... and those reports are "known" around these parts to be softer in color grading and often in clarity grading too. But the jeweler can say, "We think EGL is accurate! It is not our fault that GIA said differently. EGL graded it as we represented it!" And to be totally honest, they are correct in this assertion.

It stinks to find out later you "overpaid" for an item, and it stinks to find out that GIA is tougher in their grading than EGL. It also stinks to find out that jewelers refer to "GIA certificates" and actually may mean that a graduate GIA gemologist in-house graded it. It also stinks to look back and think, "Man I should have waited to see the real, reputed GIA report!" Certiainly there was some poor busines practice here and that should be pointed out the consumers. But as to whether or not you have a legal leg to stand on re: pursuing a refund... that is another issue and I suspect that you may not have enough evidence of true fraud to pursue anything.

I'm so sorry that this has coloured your perception of your e-ring! I too have spent more money that I should on goods that, had I sent them to GIA, would most definitely not match the cert I was given be a smaller grading lab... but the problem is that when I bought it, I accepted the cert as proof of my purchase. Siggghhhh live and learn, I am sure that, like my diamonds, yours is beautiful and you may just need to accept it for what it is... over time the sting will dissipate.

ETA I am not a lawyer, this is just how I persoanlly would interpret the situation
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Date: 10/29/2008 12:40:09 PM
Author: alexis5


Hi Neil,

thanks again for these sorts of clarifications - even though i wish this wasn''t the case!
can you tell me, if they informed us that the diamond had a laser inscription with the GIA number (which they did) so that we could just verify it when we went to GIA in the future, does this eliminate doubt about what they meant by GIA ''certified''?

many thanks
I missed this point, do you have this in writing? This may be the only place where you can really and truly catch them in a lie. Unfortunately, if it is word of mouth is becomes "he said/we said".
 
Date: 10/31/2008 9:34:32 AM
Author: dreamer_dachsie
Date: 10/27/2008 9:16:31 AM

Author: denverappraiser


The other explanation is that you agreed to accept the grading opinions of EGL-International as an acceptable substitute for GIA in order to do your deal more quickly and, based on this agreement, that’s what they delivered. Frankly, it''s a pretty good argument. I would hold in check the fingerpointing and threats of lawsuits and public embarrassment and appeal to their sense of good customer relations. You''re unhappy, you''ve got a good reason to be unhappy, and it would sure be nice of them to fix it. Please.
17.gif



You can always raise the volume later if that doesn''t work.


Neil Beaty

GG(GIA) ICGA(AGS) NAJA

Professional Appraisals in Denver

This, to me, is the true sticky point in this whole mess. Their statements about the ''GIA'' certificate are ,as Neil pointed out, ambiguous and may indeed accurately reflect their interpretation of the situation: they had a graduate GIA gemologist do the color rating etc. prior to putting the stone on sale originally. Since you never asked them to show you the TRU GIA grade report, they were never actually caught in this lie, and so there is no real way to prove it was indeed a lie. Then, they provided and EGL cert that you deemed acceptable. Where this is sticky is that EGL indeed confirms the grading to reflect what you bought (or at least close enough for your liking). The fact that the real GIA diagrees with this grading is probably moot from a legal standpoint, and perhaps even from a better business standpoint. Many jewelers sell diamonds with grading reports from labs NOT GIA or AGS... and those reports are ''known'' around these parts to be softer in color grading and often in clarity grading too. But the jeweler can say, ''We think EGL is accurate! It is not our fault that GIA said differently. EGL graded it as we represented it!'' And to be totally honest, they are correct in this assertion.


It stinks to find out later you ''overpaid'' for an item, and it stinks to find out that GIA is tougher in their grading than EGL. It also stinks to find out that jewelers refer to ''GIA certificates'' and actually may mean that a graduate GIA gemologist in-house graded it. It also stinks to look back and think, ''Man I should have waited to see the real, reputed GIA report!'' Certiainly there was some poor busines practice here and that should be pointed out the consumers. But as to whether or not you have a legal leg to stand on re: pursuing a refund... that is another issue and I suspect that you may not have enough evidence of true fraud to pursue anything.


I''m so sorry that this has coloured your perception of your e-ring! I too have spent more money that I should on goods that, had I sent them to GIA, would most definitely not match the cert I was given be a smaller grading lab... but the problem is that when I bought it, I accepted the cert as proof of my purchase. Siggghhhh live and learn, I am sure that, like my diamonds, yours is beautiful and you may just need to accept it for what it is... over time the sting will dissipate.


ETA I am not a lawyer, this is just how I persoanlly would interpret the situation
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yes, i too understand why they would take this position and i appreciate your thoughts. however a purchase is made on a set of facts, not just one. we had two apparatly trustworthy opinions that had close results. we accepted on the basis of both these facts, not one. in this case one of those gradings was not only written in an email to us, and misrepresented to us as GIA, the statement of fact was from a reputable firm and taken in good faith. the fact is we would not ever have bought the stone with only the EGL cert because we were told a GIA was important to have. we purchased on the basis that we had a GIA graded stone, and EGL cert to back this up and their good name. we asked for a copy of the GIA cert (in an email) several times and they said it was misplaced but this did not change the grading they said this stone had. we would have never entertained asking for another certificate to add to our information if it had not been graded E originally. in fact we would have never entertained this diamond as an option if we were not informed of this grading by the jeweler. At no time were we told that this grading did not happen or was inaccurate and as such it was an important factor in our purchase. infact they themselves compared the two results and said ''overall'' are you happy to go ahead. the explanation it was purely on EGL is incorrect, out of context and does not take in all the facts.

btw they did tell us there was an inscription and we have an email request by us to get the number but they answered this over the phone unfort- so you are right, this part is he said- she said stuff.
 
we have just been sent the following clause by the Swiss consumer body

Article 24, paragraph number 1, number 4 of the code of obligations which states that

a contract is not binding if there are essential errors in the contract. an essential error concerns certain facts which the partner who is mistaken was considering according to good faith in business relations as a necessary basis of the contract.

you have to declare this in one year.

i know you can never say for sure but I think this looks quite good for us esp the bit about ''certain facts'' and ''good faith''.

thoughts?
 
Date: 10/31/2008 10:24:29 AM
Author: alexis5
we have just been sent the following clause by the Swiss consumer body

Article 24, paragraph number 1, number 4 of the code of obligations which states that

a contract is not binding if there are essential errors in the contract. an essential error concerns certain facts which the partner who is mistaken was considering according to good faith in business relations as a necessary basis of the contract.

you have to declare this in one year.

i know you can never say for sure but I think this looks quite good for us esp the bit about ''certain facts'' and ''good faith''.

thoughts?
It may be worth pursuing if you can get all your documentation in order. My worry is about documenting their statements about the GIA grading report, and whether they can be held accountable for your interpretation of those statements (i.e., is is crystal clear in the written records that they were saying there is a GIA lab report etc and not just saying something less concrete about a GIA certificate). I also worry about how long this will take to resolve and the stress and aggravation and cost of lawyer fees (if that applies)! I geuss you have to weigh everything before going ahead, but it sounds promising! Good luck!
 
Hi Alexis, I am sorry that something as beautiful as an engagement ring now holds such negative feelings for you due to your interactions with the particular vendor.

I am more of a lurker than a contributor to this website...but I had to post. As my screenname implies, I am in Switzerland, in Geneva. I love diamonds, I love looking at and of course buying them!
30.gif
Having gone through the engagement process two years ago, I get many people (colleagues, friends, friend''s of friends) asking me questions on diamonds and where to shop.

I would be very interested to know which jeweller this is, not for sensationalism or curiosity but because what I have read in this post so far is appalling, their customer service disgusting...I feel that I would not like to do business with people who treat customers this way....and of course now have some doubts on some purchases I have made from a certain store in Geneva...

It seems that there is some issue on GIA certificate or "certified" (which I am not an expert on) that may let them off the hook on some legal technicality but I feel that they were dishonest and misrepresented the diamond to you guys. Their reaction to your situation speaks volumes of the kind of company they are. If you don''t feel comfortable divulging the name, could you give a hint of where and the first letter of the shop??

I wish you the best. I don''t know much of the legal system so cannot be of help but wanted to offer my encouragement and internet support. I hope it gets sorted quickly. Having lived now in Geneva for over 10 years, I can tell you that even in the most upscale shops, customer service is weak compared to what we are used to in the US, UK...
 
there is nothing wrong with posting the name of the store in question. the more people know, the more consumers and business people are kept honest...............
 
ohmygoodness, I did a quick search on the internet to see whether I could find any swiss forums/links on consumer protection and well after 30 minutes I finally found one that looks promising...(maybe this is an indication of swiss consumer protection laws and culture?)
http://rc.geneve.ch/
I don''t know if you read French but they also it seems, defend consumers against businesses. There is an office in Geneva, the HQ seems to be in Lausanne. They also publish a magazine. It might be worth a try to speak to them...see whether they can give advice or publish this story in their magazine! It''s destined for the French speaking population of Switzerland.

If you need me to try to look anything up, I would be happy to do so!
 
Date: 10/31/2008 10:38:40 AM
Author: swissdiamond
Hi Alexis, I am sorry that something as beautiful as an engagement ring now holds such negative feelings for you due to your interactions with the particular vendor.


I am more of a lurker than a contributor to this website...but I had to post. As my screenname implies, I am in Switzerland, in Geneva. I love diamonds, I love looking at and of course buying them!
30.gif
Having gone through the engagement process two years ago, I get many people (colleagues, friends, friend''s of friends) asking me questions on diamonds and where to shop.


I would be very interested to know which jeweller this is, not for sensationalism or curiosity but because what I have read in this post so far is appalling, their customer service disgusting...I feel that I would not like to do business with people who treat customers this way....and of course now have some doubts on some purchases I have made from a certain store in Geneva...


It seems that there is some issue on GIA certificate or ''certified'' (which I am not an expert on) that may let them off the hook on some legal technicality but I feel that they were dishonest and misrepresented the diamond to you guys. Their reaction to your situation speaks volumes of the kind of company they are. If you don''t feel comfortable divulging the name, could you give a hint of where and the first letter of the shop??


I wish you the best. I don''t know much of the legal system so cannot be of help but wanted to offer my encouragement and internet support. I hope it gets sorted quickly. Having lived now in Geneva for over 10 years, I can tell you that even in the most upscale shops, customer service is weak compared to what we are used to in the US, UK...


thank you, i really appreciate your support. this whole ordeal feels quite lonely and is hard for people to understand. i am sorry i have not yet been more upfront about the name of the jeweler - to begin with i still wanted to believe they hadn''t done anything wrong on purpose, and now i guess i am hoping it will be a helpful negotiating factor. we are speaking with a lawyer today and as soon as i have her/his advice i will start a thread and do what was suggested earlier, direct them here. i would definitely not want this to happen to you nor to anyone (they sell their watches around the world so there are a lot of potential buyers) so will ensure i put the details on here.

as for the customer service. i am appalled. it makes me so upset to think about my fiance saving for this, spending all this money assuming he will be treated very well and then having the VP use the french equivalent of ''whorehouse'' in exasperation b.c he is asking too many questions and is an amateur. it is disgraceful.

it has made me feel a bit down on human nature so it was wonderful to deal with the consumer bureau - they are a great reminder of all things good about people. as are the very helpful people on this forum whether they agree or disagree people are thoughtful and respectful.
 
Date: 10/31/2008 11:07:50 AM
Author: swissdiamond
ohmygoodness, I did a quick search on the internet to see whether I could find any swiss forums/links on consumer protection and well after 30 minutes I finally found one that looks promising...(maybe this is an indication of swiss consumer protection laws and culture?)

http://rc.geneve.ch/

I don''t know if you read French but they also it seems, defend consumers against businesses. There is an office in Geneva, the HQ seems to be in Lausanne. They also publish a magazine. It might be worth a try to speak to them...see whether they can give advice or publish this story in their magazine! It''s destined for the French speaking population of Switzerland.


If you need me to try to look anything up, I would be happy to do so!


you are so, so kind to do this. i will ask my fiance (who speaks french ) to look at this link right now!
your offer of helping us is so appreciated. i will let you know if there is anything we need help with.
we are going to try and find a lawyer who specialises in litigation surrounding diamonds or jewelery so any contacts or searches in french would be really helpful! we need them to write a letter in the right jargon.
 
Unfortunately, I can''t offer you any help or adviec in this situation, but I wanted to send positive vibes your way. I''m so sorry that you have to deal with this when all you should be doing is celebrating! I hope it gets solved quickly. Please make sure to keep us updated!
 
Alexis,

I thinkthe lawyer you will speak today will be able to recommend you a lawyer well versed in this already. If not I found another site and this has a link to finding lawyers in switzerland via area of specialisation. The website (it''s for consumer protection) also has a "permanence" of lawyers (like a hotline) where you can talk to them for a first consult. They would surely have a list of lawyers who are specialised in this type of thing. http://www.bonasavoir.ch/index.php

I also came across this on the said website, it is a tribunal judgement in Switzerland. About a man who bought a Mercedes for 24,000CHF. It was sold to him on the basis that it had 143,000km on it but after further tests(?) the car was found to actually have 200,00km on it. The Tribunal determined that the buyer was faced with a major error (bought it under false information) which the Tribual stated would invalidate the contract. The seller had to return the money plus interest to the buyer.

I am nowhere near being a lawyer and don''t know if this is a similar thing but would not buying a diamond after being told that it was a certain color and grading and later upon testing finding it to be of different color and grading be similar to the car story above? sorry if this is a total amateurish assumption!

The french version plus the case number is below in case this can help you.

La vente d''une voiture d''occasion au compteur truqué peut être annulée
25.08.1999

Un conducteur avait acheté une Mercedes 24 000 fr. à un vendeur de voitures d''occasion. Le compteur affichait 143 000 km, alors que le véhicule en avait fait au moins 200 000. Le Tribunal fédéral estime que l''acheteur se trouve face à une erreur essentielle, permettant d''invalider le contrat. Le vendeur a donc l''obligation de reprendre la voiture et de restituer les 24 000 fr., intérêts en plus.

(Arrêt du Tribunal fédéral du 25 août 1999, 4C.236/1999)



 
Date: 10/31/2008 11:52:55 AM
Author: goobear78
Unfortunately, I can''t offer you any help or adviec in this situation, but I wanted to send positive vibes your way. I''m so sorry that you have to deal with this when all you should be doing is celebrating! I hope it gets solved quickly. Please make sure to keep us updated!

thank you, your comments really help. without being too dramatic - this sort of support is really easing the upset of all of this.
 
Date: 10/31/2008 12:15:52 PM
Author: swissdiamond
Alexis,


I thinkthe lawyer you will speak today will be able to recommend you a lawyer well versed in this already. If not I found another site and this has a link to finding lawyers in switzerland via area of specialisation. The website (it''s for consumer protection) also has a ''permanence'' of lawyers (like a hotline) where you can talk to them for a first consult. They would surely have a list of lawyers who are specialised in this type of thing. http://www.bonasavoir.ch/index.php


I also came across this on the said website, it is a tribunal judgement in Switzerland. About a man who bought a Mercedes for 24,000CHF. It was sold to him on the basis that it had 143,000km on it but after further tests(?) the car was found to actually have 200,00km on it. The Tribunal determined that the buyer was faced with a major error (bought it under false information) which the Tribual stated would invalidate the contract. The seller had to return the money plus interest to the buyer.


I am nowhere near being a lawyer and don''t know if this is a similar thing but would not buying a diamond after being told that it was a certain color and grading and later upon testing finding it to be of different color and grading be similar to the car story above? sorry if this is a total amateurish assumption!


The french version plus the case number is below in case this can help you.


La vente d''une voiture d''occasion au compteur truqué peut être annulée

25.08.1999



Un conducteur avait acheté une Mercedes 24 000 fr. à un vendeur de voitures d''occasion. Le compteur affichait 143 000 km, alors que le véhicule en avait fait au moins 200 000. Le Tribunal fédéral estime que l''acheteur se trouve face à une erreur essentielle, permettant d''invalider le contrat. Le vendeur a donc l''obligation de reprendre la voiture et de restituer les 24 000 fr., intérêts en plus.

(Arrêt du Tribunal fédéral du 25 août 1999, 4C.236/1999)






you really are a swiss diamond! the offices of this place are closed today so we will call again on Monday, it is encouraging that they even exist. the case example is really useful. ours is a bit more complicated b.c of the EGL cert but just like buying a car it was one of many facts you consider before purchase and in our minds it was a deal breaker. if they had said ''actually it wasn''t certified by GIA as an E/ VS1'' then we would have walked away.


this site will also really help find a lawyer who specialises. we are going to spend time on this over the weekend. get all the info together and write to them registered post.
thank you again, i am feeling more positive that we may get them to answer to us.
 
do not click on the link above - potentially harmful to your computer.
 
Date: 10/31/2008 10:51:07 PM
Author: alexis5
do not click on the link above - potentially harmful to your computer.

Not Swiss's link for anyone coming into this thread late. The post in question has been removed now!
 
Alexis,

I have great sympathy for you and what you are going through; a few years ago I was the victim of a similar incident (albeit in the UK and concerning a piece of antique furniture), and I had to go through court to obtain redress. This sounds so much like my situation in terms of the dealer''s attitude, and I believe you will have to go through a full-blown legal process in order to get closure. It took me 16 months and I ended up being out-of-pocket to the tune of several thousands, despite winning the case and being awarded costs and interest in addition to a nullification of the sale contract (they got their table back, I got my money).

As others have already said, I think the crucial point is going to be convincing the court that you were relying on a GIA-issued grade, rather than anything else, in making your purchase decision. I am not a legal expert, particularly not on the Swiss legal system, and I haven''t got all the facts, but I think you are facing a considerable uphill struggle, given that you purchased the ring after seeing (and thus in the eyes of the court accepting) an EGL-Antwerp grade, and then you kept the ring for several months prior to having the stone re-graded by GIA. The misrepresentation of a GIA graduate''s opinion as a GIA-issued grading report is not something easy to explain to a judge not versed in the specifics of the diamond world.

I''m not saying this to scare or dissuade you, but think carefully before making this decision, because it will require a lot of resources both financially and personally. By any means speak to a lawyer, bring (or mail/fax) all the correspondence as well as your version of the facts and get a candid in-depth assessment of your chances. This may require some money upfront, but I believe it is the most effective way of spending it, rather than starting with correspondence that runs up fees without any effect or actual improvement of your chances in court.

Re: the naming of the jeweller - I may be wrong, but I believe this will have a very limited effect either way, though it may be a good way for you to vent some of the frustration and anger.

I wish I could help in a more direct way (let me know if I can!). Best of luck, and - above all - don''t let this eat too much into your preparations for your wedding and life together.
 
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