Ring Damaged But Not Our Fault...What To Do

[wonka27]

Ok...have an issue here. My wife and I purchased her a pear shaped opal mounted in a 14k yg setting at an antique and estate shop. Not more than 24 hrs go by and the opal is missing out of the ring. Not only is it missing (and there is no damage to the ring) but we find the setting was really for a heart shaped gemstone. Someone must have put the opal in.

I talked to the store...as it is three hours away from our house. They were very nice and asked to have the setting sent back for inspection. They said they will "repair the ring with a replacement stone". I''m not keen on that though, as we bought the ring primarily because we liked the opal in it (it was somewhat transparent and had more of a blue hue to it).

Should I (and do I have the grounds to) fight them and just ask for my money back. It was only $160 with tax. I don''t want to do anything site unseen given the type of purchase it was. Their receipt says store credit only, but I think this is a different case given they sold us a ring with a stone in it that shouldn''t have been there.

Any thoughts would be helpful!!!

 

[movie zombie]

did you pay with a credit card?

movie zombie

 

[wonka27]

Yes I did...do you think I should get them involved if it isn''t settled to my satisfaction.

 

[movie zombie]

i''d give the vendor a chance but document everything. you have 60 days to get the credit card people involved.

in some ways, this is the old adage: let the buyer beware.

how do you know it was originally meant for a heart shaped stone?
are they going to replace it with the same shape or with a heart?
will you get to approve of the opal being set?
$160 for an opal ring isn''t that much so i''m guessing the opal is either a triplet or a doublet.

while i a appreciate your position that they sold you a ring with a stone in it that was not appropriate, it could be argued that you may need to be more knowledgeable before buying antique/estate jewelry.

personally, i''d be happy they were willing to replace the opal. if this is an upscale and well known antique/estate shop, they might be willing to take it back rather than risk the bad things you''ll say about them. if its not such a shop, they may not care.

perhaps a conversation...in person....that you know they usually only give store credit for returns, this is an unusual case and deserves more consideration. if they don''t back down, you''ve got to decide to either take the store credit or file a report with the credit card company. my guess is that if you push it hard enough with the credit card company, provide documentation of when you contacted the sellor, how often, what was said, and why you''re still not satisfied [incorrect stone shape in mounting], you''ll get the charge reversed [i''d return the ring if that happens]. however, the credit card company could just decide this isn''t like buying a new ring, that dealing in antique/estate jewelry requires more diligence on the part of the buyer, and side with the sellor. and they could also decide that $160 just isn''t worth the time and trouble on their side and write it off.

so that''s my ramblings! good luck.

movie zombie

 

[wonka27]

Thanks move for the advice.

So far the vendor is being very cooperative. As for your questions:

The setting actuall depicts a heart shape where the gemstone belongs. I will put on a pic once I download off computer.
I don't know about the replacement...the problem is, she doesn't want a heart, but I believe that is all that would go in there.
As for the opal, I don't know. I'm not too keen on doing this site unseen!
I'm sure this isn't the highest quality piece myself, but $160 is $160...to me at least.

This is a very busy store in the main shopping area of Cape May, NJ. I doubt they want to get caught up in a battle...that is why I think they are being so cooperative. I am going to continue to work with them, hopefully to resolve this the way we would like.

My next post will have a couple of pictures and the letter I am sending along. Hopefully someone can let me know if I am writing to them in an appropriate tone to deal with this.

 

[wonka27]

Here is the letter I wrote...if anyone could look at it, I''d appreciate it a great deal! Also, a picture of the "heart shaped" setting that was covered up by the opal when purchased.

Dear Store Manager or Proprietor:

Thank you for taking the time to look at the enclosed ring for us. You should be able to see that none of the prongs have been damaged or even bent.

On the phone I was told the ring would be repaired. After discussing this with my wife, we would like to discuss with you another option for dealing with this situation. Sarah (my wife) selected the ring primarily for the opal that was in it. It had a little more of a bluish white hue to it that was slightly transparent. It was not like a typical milky white opal that one might see at a “mall” jewelry store. Our concerns, therefore, are as follow:

1. Given jewelry is purchased largely due to “visual appeal” we would find it difficult to accept a repair site unseen.
2. To properly repair this piece of jewelry, a heart shaped stone would be needed (as seen clearly in the setting). This is not what my wife wanted, and honestly a heart shaped gemstone probably would have to be smaller than the one that was in the ring.

Given these factors, I would like to request a refund for ring. I know that this is not your policy, however, this is not a straight return. We purchased an item and now it is clear that the item was not designed to properly secure the gemstone. This, I’m sure, was not your fault, but we do hope that you will stand good for what you did sell us.

Again, we do appreciate you looking at the ring and working with us to resolve this issue. Please contact me at XXXXXXXXX once you have had the chance to look at the ring.

 

[wonka27]

This is the ring...sorry it is blurry...my macro feature stinks I believe!

 

[widget]

Hmmm,

In my experience there's an understanding with lots of antique dealers (jewelry and otherwise) that sales are on an "as is" basis...

It's often recommended that old pieces be checked out by a jeweler to be sure mountings are secure etc before they're worn.

It sounds as if the merchant is trying to be cooperative...I'd probably not kick up too much of a fuss...

JMO
widget

ETA: I just saw your last post and picture...I think that's a very nice and reasonable letter....I hope it works for you! And you're so right: a flat-bottomed oval opal does NOT belong in that setting...I don't see how one could EVER be secure. Good luck!

 

[Kaleigh]

You couldn''t have written a better letter. I bet you will get your money back. That pic prooved it all. Good luck!!!

 

[wonka27]

Thank you for the quick and kind feedback. I tried to be as diplomatic in the letter, while still being firm with my position. I''m glad to see I achieved this goal.

I know estate jewelry can be risky, but I think it goes beyond what a consumer should have to do to ensure a piece is proper. If one sees a pear opal in a ring, I think it is fair to assume the setting is for a pear. It honestly looked good and secure, but now in hind site, given the wide end of the pear shape, I could see how maybe a little bump could jar it loose. Irregardless, a retailer, especially in this situation of an estate piece, should carefully inspect such items before putting them out for sale. We not only pay for the piece, but we pay for the "expertise" of the shop in assuring us a quality item.

Maybe my POV is naive when it comes to estate jewelry, but I believe this is one where a close inspection by the shop would have thrown up a red flag.

 

[movie zombie]

good letter and good enough picture to prove the point. i''m going to bet the store will be cooperative and give your $$ back.

however, while i understand your point of view, i also believe as noted above that when it comes to antique and estate pieces, it is sale ''as is''. i would suggest that this learning lesson means you will do more inspection of a piece before you pay for it. gaining knowledge regarding these type of pieces is your responsibility, not the vendors. it is just another market in the world of jewelry: you wouldn''t plunk down $$ for a diamond w/o researching it first. ditto re any jewelry purchase. i do believe with antique/estate pieces you are more vulnerable as a consumer.

and, yes, $160 while not a lot of $$ for a good piece of opal in a 14k gold ring, is still to me a lot of money.

movie zombie

 

[wonka27]

Thanks movie!

Don''t worry, I hear what you are saying. Frankly, it wouldn''t be such a hassle if they were in town. Unfortunately we bought this on vacation 3 hours away. If we were in the same town, it would be much easier to work with them on a repair/replacement item and this wouldn''t be much of an issue.

As for the terms, nothing was posted about "as is". They do clearly state no cash refunds and only store credit is available. So if I can''t get my money back, I will at least push for store credit for the next time we are there. I''m hoping I made my case in the letter and will continue to in any follow-up conversations.

Thanks again to all. I will definately learn from this experience. One, I will be much more careful with estate jewelery! Two, if I do buy estate jewelery I will be more careful with the terms and make sure I buy close to home for the exact issues that we''ve been discussing.

The ring is on its way to New Jersey now to be checked by the business. It should arrive by the weekend. I will post the results of this issue back on this thread for those of you that helped me out!!!

 

[movie zombie]

look forward to hearing the results....i.e., you got your $$ back!

movie zombie

 

[Modified Brilliant]

YUP that''s a heart shape mounting.

Good luck with your transaction.

www.metrojewelryappraisers.com

 

[wonka27]

Just wanted to put an update on here.

I called the Estate Store where we purchased the ring today...as I felt they should have received the package by now. I spoke to the owner and after looking things over, he agreed to give us our money back. He did give me a lecture about opals and how fragile they are, and we didn''t see eye to eye on what occured. Irregardless, he said he will cut a check next time he does the bills.

I think in the end, even if he thought it was broken, he knew he sold something that was clearly not proper. He did give me a hassle about how the pear was safe in a heart setting because hearts start out as pears. I agree, but hearts have prong around the fattest area before turning in to "make the heart". This pear opal had the prongs on the skinnier side of fat part, probably making it possible to slip out with not much force, if any.

So as long as the check arrives, we will be in good shape!

 

[Modified Brilliant]

Thanks for the update and hope your refund check arrives promptly!

www.metrojewelryappraisers.com

 

[FireGoddess]

Date: 8/10/2006 4:29:06 PM
Author: wonka27
He did give me a hassle about how the pear was safe in a heart setting because hearts start out as pears.

What....ever!!! That''s a lame excuse if I ever heard one! I''m glad you''re getting a refund.

 

[wonka27]

Yeah...I saw how a pear diamond was set tonight. The prongs at the wide end were clearly behind the rounded end. On my wife''s ring, they were not. It may be a similar setting, but not the exact same thing.

It was a shame, but thankfully it appears to be working out!

 

[wonka27]

Another good update from wonka...I received my refund check today. I was actually impressed at the speed of the refund. I''m glad that is over and done with. Never again will I buy jewelery away from home (unless it is with a pricescope vendor

)

Thanks all for the help and support...