Jeweler breaching contract - any thoughts

[AmicusDye]

After much deliberation, I (with the help of my GF, of course) finally decided on a wedding set from a particular designer. Because that designer has so few vendors in my area, I didn''t have much of a choice with respect to who I could go to. I visited each of the vendors in my area, but decided to go with the jeweler who was closest to where we will be living, as none of the jewelers seemed particularly better than the others.

This past Saturday, I went to the chosen jeweler (vendor), offered an amount I thought was fair for the set. That offer was accepted by the vendor. The agreement laying out all terms we agreed to was put into writing and I gave him my stone to be sent to the designer for mounting. I also gave paid a 50% percent deposit. It was my understanding that the stone would be shipped to the designer that day or the next business day and I would have the set back in about three weeks.

Last night (five days after gave him the stone), I get a call from the jeweler stating that the price we agreed to was "below his cost" and that it was not going to work. His message continued by stating that he suggested we just do a custom ring.

Obviously, I angry. He wants out of a deal he agreed to in writing. He took a significant amount of money from me, and my stone, and now wants out. Or, he doesn''t and just wants to see if he can squeeze a few more dollars out of me. I bet if the shoe was on the other foot and I found out later that I could have gotten a better deal elsewhere, he would not allow me to just walk.

Has anyone dealt with this sort of issue before? I know I have him dead to rights on a legal basis, but I don''t want to go down that path at this point. My initial thought is to go get the stone immediately, demand my deposit be returned, and walk away.

Thanks!

 

[Lula]

Hmm, so he has the stone, didn't send it to the designer's company for setting (and he is an authorized dealer of that designer's settings?) and now wants you to let him do a custom ring for you.

Doesn't pass the smell test. Here's what I would do:

1) go to the store, be pollite, tell him you're sorry it didn't work out, but you're not interested in custom at this time. Get your deposit back and your stone and don't let him talk you into another price or another setting or custom. I'm wondering if the reason it didn't work out is maybe he has unpaid invoices with the designer's company and they refused his order, or he looked at an old catalogue and the price you agreed to was an out-of-date price, or some other screw up.

2) get the setting you want from another authorized dealer.

 

[mrssalvo]

i''m not a lawyer so I have no idea what type of rights you have. most jewelers do have a protection claus when it comes to pricing and potential errors etc. It would all depend upon the details in your contract I guess. I probably would just get my stone and get my deposit back and go someplace else. If it''s a designer setting maybe their is a pricescope vendor who carries it and can get it for you. usually the pricing is very competitive.

 

[stone-cold11]

Also report this the designer of the ring.

 

[Lula]

Good point, Stone.

 

[AmicusDye]

Thanks. you guys. What's really surprising about all this are the number of good reviews this jeweler has both on this website as well as on the internet in general. I called their shop this morning (the owner, who I dealt with, is not in) and will go in later today to deal with this. I also informed the designer via email so I'll let you know how it all shakes out. Hopefully, it's just a headache that can be resolved without too much hoopla. However, if I don't get my money and my stone back, it's gonna be go-time.

 

[Todd Gray]

Date: 7/23/2009 1:26:49 PM
Author: sarap333
Doesn''t pass the smell test.

Yea this one makes me itch!

 

[bunrieu]

Date: 7/23/2009 2:53:49 PM
Author: AmicusDye
Thanks. you guys. What''s really surprising about all this are the number of good reviews this jeweler has both on this website as well as on the internet in general. I called their shop this morning (the owner, who I dealt with, is not in) and will go in later today to deal with this. I also informed the designer via email so I''ll let you know how it all shakes out. Hopefully, it''s just a headache that can be resolved without too much hoopla. However, if I don''t get my money and my stone back, it''s gonna be go-time.

i think it''s best for all that you disclosed the vendor name....so, we know not to shop from there.

 

[swingirl]

changed my post.

 

[WinkHPD]

Date: 7/23/2009 2:57:58 PM
Author: Todd Gray

Date: 7/23/2009 1:26:49 PM
Author: sarap333
Doesn''t pass the smell test.

Yea this one makes me itch!

Me too, but I want to hear the jeweler''s side of the story too. It could be that the designer raised the pricing or that some other error was made. It might not be his fault, but a full explaination is due, and in person not on the message machine.

At the least you should have the option of having your money back and going elsewhere. Not at all liking to hear things like this!

Wink

 

[AmicusDye]

I just spoke to another vendor in my area and the price i was quoted by him (including tax, shipping, etc.) was actually better than what I already agreed to with the vendor who is backing out. I''m headng over to the first vendor to get my money and stone in the next hour so I will be able to post additional detail.

Is it really possible that the vendor''s relationship with the designer is going south and I''m caught in the middle?

 

[AmicusDye]

(UPDATE)

I just visited the vendor and they showed my the invoice numbers they had received from the designer and they did in fact add up to more than our agreed final price. However, when we began discussing it, it became clear that the person who called to get the quote was using the wrong model number (more expensive), and additionally, had requested additional costly customizations. (These must have come from notes made during one of my prior visits).

Anyhow, they called the designer to get the correct numbers and everything appears to be resolved. They were very apologetic and accomodating.

I figured that because they''ve such had a good reputation, there was a chance that something may have been askew. I''m glad I did not post their name in my prior posts.

Again, thank you all for your input. I hope this update does not put me in the category of the BF who cried wolf. I will let you know how it all works out when I get the ring back in a few weeks.

-Amicus

 

[stone-cold11]

Good to know.

 

[WinkHPD]

Date: 7/23/2009 5:41:27 PM
Author: AmicusDye
(UPDATE)

I just visited the vendor and they showed my the invoice numbers they had received from the designer and they did in fact add up to more than our agreed final price. However, when we began discussing it, it became clear that the person who called to get the quote was using the wrong model number (more expensive), and additionally, had requested additional costly customizations. (These must have come from notes made during one of my prior visits).

Anyhow, they called the designer to get the correct numbers and everything appears to be resolved. They were very apologetic and accomodating.

I figured that because they''ve such had a good reputation, there was a chance that something may have been askew. I''m glad I did not post their name in my prior posts.

Again, thank you all for your input. I hope this update does not put me in the category of the BF who cried wolf. I will let you know how it all works out when I get the ring back in a few weeks.

-Amicus

Most excellent. This is more in keeping with what one would expect from a popular vendor. I am glad that the explaination was unearthed before any permanent damage was done. A mistake was made and corrected and life is good.

Wink

 

[strmrdr]

talking in person does work better much better than voice mail.

Glad it worked out!! :}

 

[Kaleigh]

So glad it worked out, I always love a happy ending. Please do come back with pics once it''s finished!!!

 

[AmicusDye]

I definitely will post pics when it''s finished. Posting those pics will be the best way for me to thank the PSers for my diamond education. I have learned so much on this site and really feel like I''ve put that knowledge to good use in getting a great stone and setting.

I can tell that when people in everyday life start talking about diamonds in front of my GF (it happens way more than you''d think) and I start in on pavillion angles and faceted girdles, she gets really happy....not because of what I know, per se, but because it reflects all the effort and care that I''ve put into it. I really hope all that effort and education pays off when I see the finished product in a few weeks.

 

[Todd Gray]

Date: 7/23/2009 8:26:56 PM
Author: AmicusDye
I can tell that when people in everyday life start talking about diamonds in front of my GF (it happens way more than you''d think) and I start in on pavillion angles and faceted girdles, she gets really happy....not because of what I know, per se, but because it reflects all the effort and care that I''ve put into it. I really hope all that effort and education pays off when I see the finished product in a few weeks.

That is actually a really cool realization and a good reminder for all us guys. I scored major points the other day when I looked out the living room window and saw a bunch of flowers in bloom out in the field and went out to pick a bunch of them for my girl so that they were sitting in a vase for her when she woke up - what seemed like something really simple to me, ended up meaning a lot to her - more than if I had simply bought a bunch of flowers at the store... Your comment about your GF getting happy when you talk about diamonds because it means that you put thought into buying "her diamond" reminds me of that and I appreciate it, because it is a concept easily forgotten during busy times

Looking forward to seeing pictures of the completed ring! Be sure to post them on Show Me The Ring! I''m glad the situation got resolved amicably...

 

[Lula]

I''m glad it worked out for you. This is a good example of how important it is to get both sides of the story! You were able to get the setting you wanted for a good price, the vendor lived up to his good reputation -- everybody''s happy and we get to see pictures of the ring when it''s finished!

 

[VRBeauty]

Date: 7/23/2009 5:41:27 PM
Author: AmicusDye
(UPDATE)


I just visited the vendor and they showed my the invoice numbers they had received from the designer and they did in fact add up to more than our agreed final price. However, when we began discussing it, it became clear that the person who called to get the quote was using the wrong model number (more expensive), and additionally, had requested additional costly customizations. (These must have come from notes made during one of my prior visits).


Anyhow, they called the designer to get the correct numbers and everything appears to be resolved. They were very apologetic and accomodating.


I figured that because they''ve such had a good reputation, there was a chance that something may have been askew. I''m glad I did not post their name in my prior posts.


Again, thank you all for your input. I hope this update does not put me in the category of the BF who cried wolf. I will let you know how it all works out when I get the ring back in a few weeks.


-Amicus

AMICUS --That''s a great reminder for PS''ers not to jump the gun on posting "damning facts" without first trying to work with the other party to resolve an issue.

Well done!

 

[Gailey]

Date: 7/23/2009 9:10:36 PM
Author: Todd Gray

Date: 7/23/2009 8:26:56 PM
Author: AmicusDye
I can tell that when people in everyday life start talking about diamonds in front of my GF (it happens way more than you''d think) and I start in on pavillion angles and faceted girdles, she gets really happy....not because of what I know, per se, but because it reflects all the effort and care that I''ve put into it. I really hope all that effort and education pays off when I see the finished product in a few weeks.

That is actually a really cool realization and a good reminder for all us guys. I scored major points the other day when I looked out the living room window and saw a bunch of flowers in bloom out in the field and went out to pick a bunch of them for my girl so that they were sitting in a vase for her when she woke up - what seemed like something really simple to me, ended up meaning a lot to her - more than if I had simply bought a bunch of flowers at the store... Your comment about your GF getting happy when you talk about diamonds because it means that you put thought into buying ''her diamond'' reminds me of that and I appreciate it, because it is a concept easily forgotten during busy times

Looking forward to seeing pictures of the completed ring! Be sure to post them on Show Me The Ring! I''m glad the situation got resolved amicably...

What a guy! Kudos