LadyBlue
Brilliant_Rock
- Joined
- Mar 14, 2009
- Messages
- 1,616
I don''t really know, I''d ask a lawyer.Date: 6/26/2009 9:24:32 AM
Author: jmiranda
So I got a call from the jeweler. Here is the situation: I already reported the case to the BBB and told him my intensions to get the media involed (newspaper, flyers etc.) and if not take it to court. I paid $1100 dollars for his work with about $500 being the cost of materials, which is what he had initially told me. He called me and offered to buy back the ring for $500 and give me my diamond back. I thought that was ridiculous as I would have pretty much paid him $600 dollars for nothing. After I refused his offer and said I either want the work redone properly or I want a full refund, he got really mad and said that if I take this to court, I will most likely lose and I would have to pay his lawyers fees as well. He also made a comment about suing me which I thought was quite funny as well. I beleive he has until July 6th to respond to the BBB (which coincidently is my birthday) so I will not respond to him until that date and then take furthur actions. What do you guys think of the situation now?
yes and yes....Date: 6/26/2009 4:07:53 PM
Author: arjunajane
Wow, what a bully.![]()
I wonder if what someone said earlier is the case, perhaps his business is going under as he
sure doesn''t sound he gives a damn at this stage.
He will lose in court, not you. You had a contract (even if it was just verbal), which he failed to meet his
obligation.
The only reason for him to to offer you the $500 is a cheap-o shot at trying to get out of paying the lot, as he knows that''s what will happen if it goes to the courts.
I''m not sure if you want to pursue this through court, but if you plan to, I would recommend (if you haven''t already), writing done everything that has gone on in detail - log the dates, times, method of communication, what was discussed, what was the outcome. Collect all sketches and other ppwk and make copies/back them up, etc etc.
I''m sure you have already thought of this, but it''d really be a good plan, as it may be a while before you
get your day, and memory fails us sometimes...best to have your ducks in a row if you plan to sue.
I''m sorry you are having to deal with such a loser.
If I were you, I would start a new thread with his store name in the title, and a link to this original thread with a short synopsis - therefore any other potential customers who may do research, this will pop up on google for them, and hopefully encourage them to avoid the same problems you are facing.
I would also follow through with at least one of your material threats, such as local news coverage/flyers/boycott - anything. Just so he knows you are not playing at this.
I know some may think my views extreme, but blatant scams of customers'' rights and expectations are a huge pet peeve of mine !![]()
I totally agree with you AJ, it completely ticks me off and I have dealt with similar issues myself in the past. But on the other hand, some people might consider that workmanship acceptable *for the price*. When you look to purchase something at 1/3 the price it is provided elsewhere, surely one must expect compromises? For goodness sakes, a simple plat solitaire costs $1100, never mind an intricate ring with 3x the metal! We also have no idea what level of quality was demonstrated in the other pieces the OP saw in the vendor''s shop before entering into this business transaction -- is this representative? Shouldn''t a consumer be leery of someone willing to accept cash only and not pay any taxes? Surely we consumers must sometimes accept some responsibility for our own actions, even when they cost us.Date: 6/26/2009 4:07:53 PM
Author: arjunajane
I know some may think my views extreme, but blatant scams of customers'' rights and expectations are a huge pet peeve of mine !![]()
Well said. It crossed my mind that the price paid for this custom made ring was very low and that is a relevant factor that cant be ignored in this `case`.Date: 6/29/2009 9:39:16 AM
Author: dreamer_dachsie
I don''t think laywers would get involved in this as the sum is less than $5000, it would go to small claims where both parties represent themselves a la Judge Judy! Look into that before you proceed.![]()
You can buy rings like the one you designed made properly at places like Green Lake Jewelry Works (http://www.greenlakejewelry.com/) but you know how much a setting like that *really* costs when done right? About $3500 dollars. Yes, that''s right, three times what you paid. So you can try contracting them and see if they will refinish it, but I imagine they will charge you the fair market value of such work, which is probably another $2000 bucks or more since labour is the lions share of the cost. But you really do get what you pay for.
ETA You can also try Linda Penwarden in TO (google her). She makes rings intricately designed like that and her prices are reasonable. But she will most likely want to re-make the ring rather than work with your casting.
But really, if it were me, I would take the $500 and consider the $600 a lesson learned. The hassel of dealing with this for another few months is NOT worth $600 in my opinion. Time is money, effort and emotions are money. Saving those is worth taking a hit.
Date: 6/21/2009 9:15:03 AM
Author: Maplecustom
This is my first post! YAY!This situation concerns me though. Honestly if you cannot get out there everyday to picket or tell prospective customers of your situation, what I would suggest is that you type your story/situation out and create flyers. That way you can go there when you have time, hand them out to anyone going in or coming out of that jewelers store, and even post your flyers around the area and in nearby shopping centers. I would even recommend writing to your local paper or a paper local to the jewelers and let them know of your situation. Maybe they would be interested in a buyer beware article to stir up some dirt and give them a good review piece. If you are persisitent, and it seems you are, then I do not see why some negative attention to the jeweler would not help him to change his mind. Especially if the local papers are interested, they would probably want an interview and names, but anything to help you out would be great. Good luck in your situation. Please update us because you have all of our support and we would like to see you come out on top.![]()
![]()
Date: 6/29/2009 9:39:16 AM
Author: dreamer_dachsie
But really, if it were me, I would take the $500 and consider the $600 a lesson learned. The hassel of dealing with this for another few months is NOT worth $600 in my opinion. Time is money, effort and emotions are money. Saving those is worth taking a hit.
To sum this up real quick. You should have known before purchasing what his policy was on the setting and refunds. You never asked so he has a lot of leverage on this situation! We purchase from online vendors because it is so secure, we are so informed and they have great policies that we understand before buying.Date: 6/26/2009 9:24:32 AM
Author: jmiranda
So I got a call from the jeweler. Here is the situation: I already reported the case to the BBB and told him my intensions to get the media involed (newspaper, flyers etc.) and if not take it to court. I paid $1100 dollars for his work with about $500 being the cost of materials, which is what he had initially told me. He called me and offered to buy back the ring for $500 and give me my diamond back. I thought that was ridiculous as I would have pretty much paid him $600 dollars for nothing. After I refused his offer and said I either want the work redone properly or I want a full refund, he got really mad and said that if I take this to court, I will most likely lose and I would have to pay his lawyers fees as well. He also made a comment about suing me which I thought was quite funny as well. I beleive he has until July 6th to respond to the BBB (which coincidently is my birthday) so I will not respond to him until that date and then take furthur actions. What do you guys think of the situation now?
Well, he actually did make a couple of errors. He apparently did not see a similar ring made by this jeweler before purchasing. If I wanted a James Meyer style ring (or Greenlake or Leon Mege, etc.), I wouldn''t just expect that any ol'' jeweler down the street couuld replicate one of his designs well. And secondly, paying cash was a big red flag and almost guaranteed no refund.Date: 6/29/2009 6:24:08 PM
Author: makemepretty
You did absolutely nothing wrong. I think it''s insulting for him to offer you only about a 50% refund yet want the ring back. You can sue him in small claims court or hire a lawyer. I would post on rip off report.com as well as follow up with the BBB. He did horrible work.
Word of mouth can be a powerful thing, if he loses even one customer-and you save that customer the heartache you went through-then it will have been worth it. Do not accept anything other than a full refund if you return the ring. Keep your diamond and set it in a new setting or find someone who may be able to fix yours. I don''t think you got a really great deal either. It''s not like he was doing you a favor. Good luck and congratulations anyway, your heart was in the right place and that''s all that matters.
I agreeDate: 6/29/2009 6:36:43 PM
Author: diamondseeker2006
Well, he actually did make a couple of errors. He apparently did not see a similar ring made by this jeweler before purchasing. If I wanted a James Meyer style ring (or Greenlake or Leon Mege, etc.), I wouldn''t just expect that any ol'' jeweler down the street couuld replicate one of his designs well. And secondly, paying cash was a big red flag and almost guaranteed no refund.Date: 6/29/2009 6:24:08 PM
Author: makemepretty
You did absolutely nothing wrong. I think it''s insulting for him to offer you only about a 50% refund yet want the ring back. You can sue him in small claims court or hire a lawyer. I would post on rip off report.com as well as follow up with the BBB. He did horrible work.
Word of mouth can be a powerful thing, if he loses even one customer-and you save that customer the heartache you went through-then it will have been worth it. Do not accept anything other than a full refund if you return the ring. Keep your diamond and set it in a new setting or find someone who may be able to fix yours. I don''t think you got a really great deal either. It''s not like he was doing you a favor. Good luck and congratulations anyway, your heart was in the right place and that''s all that matters.
I''d take the $500 and be very thankful I didn''t lose all my money. As dreamer said, that price was really too low for a quality piece of jewelry in the first place. I paid about $1600 for a plain platinum solitaire by Leon Mege. But we all learn by our mistakes and getting almost half the money back is certainly better than nothing.
The fact still remains that your design is a much more expensive ring. You have to ask yourself if you could get another jeweller to back up your story if he knew what the job cost you. At the end of the day there is a going market price. The price includes intangibles that you might not be aware of. eg rent, purpose built expensive machinery, the jewellers specialised skill from years of study and practice. Plus be aware that polishing is a very time consuming manual job. The difference between a high end finish and a low end finish isnt always just the materials but the extra time that goes into polishing and buffing the piece. Plus your setting includes diamonds which are usually expensive to get set.Date: 6/30/2009 7:27:47 AM
Author: jmiranda
Ok, So now I''m all mixed up on what to actually do based on eveyones comments here. Here is all the information I have. I have an initial reciept stating the quote with a slightly higher price of $1250 for platinum and he told me it would go up or down depending on the price at the time it is cast. I also have an e-mail he sent me with the price I paid stated by the jeweler himself. I have pictures of the type of finish I wanted on the ring which coincidently is the greenlake design posted above. The only change I wanted was a half bezel instead of a full and exactly six diamonds on the sides. He, at no point in time mentioned that the finish would look the way it is. I had all the CAD work sent to me by e-mail and have a paper trail of most of the transactions. Does this not give me enough of a case to take it to court? I personally don''t mind spending time on this so thats not a big issue at all. About the cash deal, I personally only paid cash because I never wanted to put it on my mastercard because my now fiance had access to my Mastercard account. I even had a story set up that I put some of my money in a savings account so she would''nt find out. I have her as proof of that. Do you guys still think it''s not worth fighting. I am currently extremely confused on where I should go from here.. I''m currently waiting on the BBB before I even go any furthur.![]()
So now with the information I provided above, Is this worth a fight?![]()