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Help needed - Dispute with Diamonds International!

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babyblue

Rough_Rock
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Jan 26, 2009
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Help please, esp. from those who had experience going through disputes with Diamonds International!

My friend and I purchased 2 tanzanite loose stones for the price of approx. USD4500 and USD3800 respectively from their St. Thomas shop while travelling with a cruise and we discovered after returning to the cruise ship that what was sold to us are of inferior quality to what was described in the certificates. Specifically we could see by naked eye inclusions in the gems which were not detectable under the lighting conditions in the shop. Both gems have inclusions but was sold to us as ''eye clean''. Moreover, on the certificates, the ''Cut'' category was filled in with the description ''Oval'', which is an error; DI should have put in grading such as ''excellent, good, fair'' etc. One of the gems was cut ''fair'' and the other was ''good''. The colour on the certs are ''Excellent'', while being appraised the colour are ''vivid''. The misrepresentation and the omission of key info on the Cut category are both confirmed by an independent gemmologist''s appraisal report. In layman''s terms, we were ''cheated'' by this merchant!

Having gone through a lot of red tape at their Nassau shop which is the next port call after St. Thomas and that our case of merchandise misrepresentation confirmed by an independent gemmologist, we decided to request a full refund as there is absolutely no guarantee that an exchange from DI will provide us with a fair deal of gems that match descriptions in quality.

The NYC customer service, now argues that my claims have no grounds because according to the purchase Terms & Conditions (T&C) there needs to be two colour and/or two clarity grades'' difference in order for them to provide a money back guarantee. However, the T&C is written "If we are beyond one color and/or clarity grade, TI will offer a money back guarantee after receipt of the item in its original condition." (note: TI = Tanzanite International, a subsidiary under Diamonds International)
By English terms, the clause should mean "If we are beyond one and/or clarity grade [compared to the colour and/or clarity stated on the certificate]", which would mean one grade, not two grades. Di is twisting the meaning of their T&C!
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Moreover, if Di really means two grades, Di then is a company that sets out to cheat, as this means that they could sell colour E diamonds marking them as colour D diamonds and getting away by their way of interpreting the T&C! If this is the case, this is unprofessional and dishonest. And this is what they are trying to do with my Tanzanite case.
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I would like a full refund from DI and I understand there are members in this forum having gone through the same ''ordeal''. Help please help please - please provide pointers as where are the pressure points to push to enable success in getting a full refund.

Thanks to all offering help in advance!
 

Ayers

Rough_Rock
Joined
Jan 21, 2009
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21
Not sure if the issue was resolved, but are the diamonds GIA/AGS certified? If not, are they certified internally by their own gemologists? It may be difficult to prove that their certification didn''t match what their own gemologist "saw".

Also are you able to get in touch with the Better Business Bureau? They have ties/headquarters in the US?

Good luck with getting everything sorted out =(
 

chrono

Super_Ideal_Rock
Premium
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Apr 22, 2004
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38,364
Ayers,
BabyBlue purchased 2 coloured gemstones, Tanzanite, not diamonds. Still, your advice to contact the BBB is a good idea.
 

purrfectpear

Ideal_Rock
Joined
Mar 31, 2008
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4,079
You need an attorney to provide the legal interpretation but when I read "beyond one grade" I think "stated as D, E is next grade, and F is beyond one grade difference.
 

WinkHPD

Ideal_Rock
Trade
Joined
May 3, 2001
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7,516
Date: 2/2/2009 4:29:28 PM
Author: purrfectpear
You need an attorney to provide the legal interpretation but when I read ''beyond one grade'' I think ''stated as D, E is next grade, and F is beyond one grade difference.
That is a correct statement. Not sure that the warrantee conditions apply to a colored gem which does not have a formal grading system though.

If you paid by CC then you can file a complaint with the CC company.

Wink
 

LD

Super_Ideal_Rock
Premium
Joined
Jun 29, 2008
Messages
10,261
I agree with Wink. There''s no formal recognised grading system for Tanzanite so it will come down to "he said" "she said" I think. It''ll be difficult to prove. That''s not to say that you shouldn''t continue to try to get your money refunded though. Good luck.
 

Rockdiamond

Ideal_Rock
Trade
Joined
Jan 7, 2009
Messages
9,740
Hey Wink!
I agree- call the credit company and dispute.
The "guarantee" is unenforceable under any condition- as there is no calibrated grading system for Tanzanite which is accepted by the trade anyway.

I really hope the credit card company backs you up on this.

By the way- you might also contact the cruise line- they might ( doubtful) have some pull.

edited to add- I guess great minds
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think alike LD! We were positing at the same time.
 

LD

Super_Ideal_Rock
Premium
Joined
Jun 29, 2008
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10,261
Date: 2/2/2009 6:45:31 PM
Author: Rockdiamond
Hey Wink!
I agree- call the credit company and dispute.
The ''guarantee'' is unenforceable under any condition- as there is no calibrated grading system for Tanzanite which is accepted by the trade anyway.

I really hope the credit card company backs you up on this.

By the way- you might also contact the cruise line- they might ( doubtful) have some pull.

edited to add- I guess great minds
31.gif
think alike LD! We were positing at the same time.
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