I''ll start by spelling out my story, hopefully there are enough details to get some quick help from some of the experts on this board.
I''m more or less a diamond noobie, but I started looking into purchasing a diamond engagement ring for my girlfriend in January of this year. Due to my financial situation at the time, I knew I wouldn''t be able to afford the diamond I wanted for at least a few months, but I figured I could start researching. I made my first mistake by visiting Robbins Brothers. They were offering (and are still offering) 0% financing for a year with a 10% down payment. I spoke with a sales associate who came across as being helpful and honest. My girlfriend had already picked out the ring she wanted, a particular Tacori model that Robbins Brothers didn''t happen to carry. At that point, the salesman assured me that they could get the ring made by Tacori no problem. He also assured me that because the ring could take 4-6 weeks to complete and I would have no idea what it looked like until we got it back in the store, their 30 day "best value" return policy would apply once I picked up the ring. I picked out a diamond from their inventory with the following characteristics:
Cert Lab: AIG
Shape and Cut: Round Brilliant
Measurements: 7.17 x 7.11 x 4.59 mm
Weight: 1.51 ct
Depth: 64.2%
Table: 60.7%
Girdle: slightly thick to thick faceted
Culet: none
Finish: Very Good
Symmetry: Good
Clarity Grade: SI2
Color Grade: I
The diamond is eye clean and I was overall pleased with how it looked when I examined it loose. I knew I wasn''t going the cheapest route in dealing with Robbins Brothers, but I figured their lifetime warranty and the free diamond care programs made up for the money I could be saving (huge mistake here I''ll admit). So on January 30th, I payed the 10% down payment with my Visa and signed the receipt. I didn''t take ownership of any merchandise at this time, Robbins Bros. sent the diamond to Tacori to have them set it. At this point, I assumed I had plenty of time to continue to shop around and look for other deals because of what the salesman had promised me and supposedly ran by his GM regarding the 30 day money back guarantee.
While I waited for the ring to be made, I did what I should have done in the first place and researched diamonds on the net and on this website. I soon learned that the AIG cert that accompanied the diamond I purchased was not on par with GIA or AGS labs (which Robbins Brothers also sells), and I have found some good deals on much better diamonds (G color, VS2, VG or EX cut for the same price, etc.). Additionally, in early March, before my ring had been delivered, I was notified by mail that the company was filing for chapter 11 bankruptcy. I called and spoke to their VP of sales and she assured me that their lifetime warranty would continue to be honored no matter what happened with the results of the bankruptcy. At this point I was seriously considering returning the ring for a full refund and going a different route to obtain a better deal on the diamond, especially since the financialy future of Robbins Brothers is so unclear. I called Robbins Brothers on March 12th to inquire about the status of my ring, and they informed me that it was at the store. They hadn''t even called me to let me know! I had to call them! I picked up the ring on March 13th and took it home to take the time to have it appraised and show my mom, etc. All the while I assumed I had the full 30 days to return the ring for a full refund (the salesman had reassured me of this multiple times).
I took the ring back to the store on Monday of this week (April 6th, within the 30 days I thought I had) and was told by a different salesman (my original salesman had been relocated to a different store!) and GM that I would not be able to return the merchandise for full price! I was shocked. These people straight up deceived me. They claim that once I examined and picked up the completed ring, I had accepted it as satisfactory and the 30 day money back deal was expired since I purchased the diamond in January. Needless to say I''m irate. I made the mistake of trusting the salesman, but now I''m trying to figure out my options. They claim to be working to find me a better diamond for the same price or better, but I have my doubts since I''ve been getting the run around from so far (their are other details that I could share but this post is long enough).
My question for the board is this: Do I have any legal recourse in this situation? Are there any lawyers out there that can assist me in getting my money back from Robbins Brothers if they refuse to substitute the diamond for an acceptable quality replacement? Needless to say this has become a worst case scenario and I would really appreciate any help anyone could provide. They are also trying to hide behind their bankruptcy, saying that they can''t legally veer from their official return policy (no returns or exchanges after 30 days and no returns on custom orders).
One main legal question would be: At what point does the sale legally occur. Although I paid the 10% down payment and a lender paid the remaining monies on January 30th, I didn''t take physical possession of any merchandise until March 13th. Can I legally argue that the purchase wasn''t completed until the I accepted the diamond? This would push the return limit on the diamond out to April 13th. I am in Texas if that makes a difference due to state law. I am not a lawyer, but hopefully some of the experts on this board can give me some advice. I know I''ve made mistakes dealing with these people, and I''m willing to accept the consequences, but I want to make sure I''m doing all I can to fight this. DO NOT DO BUSINESS WITH THESE PEOPLE!!!
I''m more or less a diamond noobie, but I started looking into purchasing a diamond engagement ring for my girlfriend in January of this year. Due to my financial situation at the time, I knew I wouldn''t be able to afford the diamond I wanted for at least a few months, but I figured I could start researching. I made my first mistake by visiting Robbins Brothers. They were offering (and are still offering) 0% financing for a year with a 10% down payment. I spoke with a sales associate who came across as being helpful and honest. My girlfriend had already picked out the ring she wanted, a particular Tacori model that Robbins Brothers didn''t happen to carry. At that point, the salesman assured me that they could get the ring made by Tacori no problem. He also assured me that because the ring could take 4-6 weeks to complete and I would have no idea what it looked like until we got it back in the store, their 30 day "best value" return policy would apply once I picked up the ring. I picked out a diamond from their inventory with the following characteristics:
Cert Lab: AIG
Shape and Cut: Round Brilliant
Measurements: 7.17 x 7.11 x 4.59 mm
Weight: 1.51 ct
Depth: 64.2%
Table: 60.7%
Girdle: slightly thick to thick faceted
Culet: none
Finish: Very Good
Symmetry: Good
Clarity Grade: SI2
Color Grade: I
The diamond is eye clean and I was overall pleased with how it looked when I examined it loose. I knew I wasn''t going the cheapest route in dealing with Robbins Brothers, but I figured their lifetime warranty and the free diamond care programs made up for the money I could be saving (huge mistake here I''ll admit). So on January 30th, I payed the 10% down payment with my Visa and signed the receipt. I didn''t take ownership of any merchandise at this time, Robbins Bros. sent the diamond to Tacori to have them set it. At this point, I assumed I had plenty of time to continue to shop around and look for other deals because of what the salesman had promised me and supposedly ran by his GM regarding the 30 day money back guarantee.
While I waited for the ring to be made, I did what I should have done in the first place and researched diamonds on the net and on this website. I soon learned that the AIG cert that accompanied the diamond I purchased was not on par with GIA or AGS labs (which Robbins Brothers also sells), and I have found some good deals on much better diamonds (G color, VS2, VG or EX cut for the same price, etc.). Additionally, in early March, before my ring had been delivered, I was notified by mail that the company was filing for chapter 11 bankruptcy. I called and spoke to their VP of sales and she assured me that their lifetime warranty would continue to be honored no matter what happened with the results of the bankruptcy. At this point I was seriously considering returning the ring for a full refund and going a different route to obtain a better deal on the diamond, especially since the financialy future of Robbins Brothers is so unclear. I called Robbins Brothers on March 12th to inquire about the status of my ring, and they informed me that it was at the store. They hadn''t even called me to let me know! I had to call them! I picked up the ring on March 13th and took it home to take the time to have it appraised and show my mom, etc. All the while I assumed I had the full 30 days to return the ring for a full refund (the salesman had reassured me of this multiple times).
I took the ring back to the store on Monday of this week (April 6th, within the 30 days I thought I had) and was told by a different salesman (my original salesman had been relocated to a different store!) and GM that I would not be able to return the merchandise for full price! I was shocked. These people straight up deceived me. They claim that once I examined and picked up the completed ring, I had accepted it as satisfactory and the 30 day money back deal was expired since I purchased the diamond in January. Needless to say I''m irate. I made the mistake of trusting the salesman, but now I''m trying to figure out my options. They claim to be working to find me a better diamond for the same price or better, but I have my doubts since I''ve been getting the run around from so far (their are other details that I could share but this post is long enough).
My question for the board is this: Do I have any legal recourse in this situation? Are there any lawyers out there that can assist me in getting my money back from Robbins Brothers if they refuse to substitute the diamond for an acceptable quality replacement? Needless to say this has become a worst case scenario and I would really appreciate any help anyone could provide. They are also trying to hide behind their bankruptcy, saying that they can''t legally veer from their official return policy (no returns or exchanges after 30 days and no returns on custom orders).
One main legal question would be: At what point does the sale legally occur. Although I paid the 10% down payment and a lender paid the remaining monies on January 30th, I didn''t take physical possession of any merchandise until March 13th. Can I legally argue that the purchase wasn''t completed until the I accepted the diamond? This would push the return limit on the diamond out to April 13th. I am in Texas if that makes a difference due to state law. I am not a lawyer, but hopefully some of the experts on this board can give me some advice. I know I''ve made mistakes dealing with these people, and I''m willing to accept the consequences, but I want to make sure I''m doing all I can to fight this. DO NOT DO BUSINESS WITH THESE PEOPLE!!!