I will try to be as brief as possible, In the U.K. we have the sale of goods act, which overrides any warranties or gaurantees that a supplier may offer. This is our statutary rights which says that if I am supplied with defective goods i am entitled to a refund. Do you have a similar law in the USA? Reason for question, Last February My family came to Florida for 3 weeks were my Daughter was married, Her husband bought her a $2400 Dollar wedding ring from Zales in Orlando. In June a diamond fell out of the ring. She phoned the store and was told as the ring has a Life time warranty they would repair it free of charge, and pay all shipping cost, Great we thought! what good service, we were told the ring would be returned in one week! wow! Six weeks later, after a couple of Transatlantic phne calls the ring arrives. 24 hours later the stone has fallen out again and is lost! They tell my daughter to return the ring for a replacement. After another three weeks my daughter phones them and is told the ring is being repaired! Another four weeks pass, and the ring is returned, they tell this is a new ring! the following day the a stome falls from the ring again! Totally fed up my daughter takes the ring to two local jewellers who tell her that the setting is inadequate, and she will always lose stones. She phones the store in Orlando and demands a refund. They tell her that as the ring has a lifetime repair warranty the will only continue to repair it, and that they are "Not in the business of giving refunds" They tell her she can go online and choose another item of similar value and return the ring for exchange, This would not wash in the Uk, but I have no idea how the law works in the U.S. any thoughts? ( The holiday was fantastic, by the way!) Sorry about the rant Regards Tim Barker
Posted by Si Allen (Member # 420) on :
Bviously the stone is worth more that the setting! Have her send it back for anothers stone....then take it to your local jeweler to have it fixed properly...or have the local jeweler place it in a new setting.
Posted by Dale Feicke (Member # 767) on :
I've seen quite a few stores here that have signs posted that say 'we do not give cash refunds, but will exchange your purchase for a like priced item' or something like that. There's probably some obscure law that would deal with your problem; maybe somewhere in the recesses of the 'lemon law'.
I think maybe Si's comments are good. Get the ring repaired locally, and have them 'beef up' the setting. I had a ring done like that for my wife several years ago and it worked fine. You might also suggest that your daughter get another cheaper ring to wear for daily use (or don't wear it at all daily) and keep the good one for church or a night out....good use only.
It's just too much hassle to have to deal with a problem like this across the pond. It could even get lost in transit....there'd be another battle.
[ November 03, 2009, 08:38 AM: Message edited by: Dale Feicke ]
Posted by Checkers (Member # 63) on :
To try to make a long story short, your son-in-law should have received a receipt or copy of the purchase agreement which details remedies, including returns, refunds and exchanges. In absence of such a contract, commercial code should apply.
Good luck,
Checkers
Posted by Tim Barker (Member # 4209) on :
Many thanks for your replies and advice, I am surprised that U.S. traders seem to be able to apply conditions to a sale so easily. My daughter is trying to decide which is the best way to deal with this. Thanks again for your help Regards Tim Barker
Posted by Checkers (Member # 63) on :
Hey Tim, With the (sometimes) frivolous lawsuits they face, many businesses naturally try to what they can to protect themselves from liability by "complementing" these laws with their own terms and conditions. However, trying to protect themselves from liability does not release them from all liabilities as outlined in the state or federal law.
Just out of curiosity, how did your son-in-law pay for the ring? Cash, check or credit? If by check, can he stop payment? If on a credit card, does it offer any type of "purchase protection"?
If these options can not be pursued, you can contact the local better business bureau or the state attorney general and/or consumer protection agency...
Checkers
Posted by Tim Barker (Member # 4209) on :
Thanks for your replies Checkers, I apologise for the delay in responding, but we have have been following up some of your leads. No luck as yet, it seems that even if the goods are faulty, as long as the store offers to repair or replace, they have no need to refund, The ring was bought with a credit card, but they are saying the store is acting fairly, and they will not refund. we will persue further, but a lesson has been learnt. Regards Tim
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