refund of deposit

[shor]

What is the name of your state (only U.S. law)? New York

Hi,

I went to a jewelry store few days ago and put down $1000 deposit towards a purchase of a ring and a loose diamond. I cancelled the order the first thing next morning before they perform any work on the ring. I canceled my order because I found out that the salesperson was misleading me with false information about the diamond and made me feel like I got a great deal. The receipt says no refund but doesn't say anything about refund on deposits. Since no service was rendered nor did I receive any goods from them, am I entitled to the refund of my deposit? Any answer or advice is appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? New York

Hi,

I went to a jewelry store few days ago and put down $1000 deposit towards a purchase of a ring and a loose diamond. I cancelled the order the first thing next morning before they perform any work on the ring. I canceled my order because I found out that the salesperson was misleading me with false information about the diamond and made me feel like I got a great deal. The receipt says no refund but doesn't say anything about refund on deposits. Since no service was rendered nor did I receive any goods from them, am I entitled to the refund of my deposit? Any answer or advice is appreciated.

New York state allows for a vendor of just about anything to work on a "no refund" basis, as long as their policy is clear on the subject.

Have you spoken with the store about it?

 

[shor]

New York state allows for a vendor of just about anything to work on a "no refund" basis, as long as their policy is clear on the subject.

Have you spoken with the store about it?

Yes I have. They said they won't refund it. I paid the deposit with my credit card.

 

[sandyclaus]

What is the name of your state (only U.S. law)? New York

Hi,

I went to a jewelry store few days ago and put down $1000 deposit towards a purchase of a ring and a loose diamond. I cancelled the order the first thing next morning before they perform any work on the ring. I canceled my order because I found out that the salesperson was misleading me with false information about the diamond and made me feel like I got a great deal. The receipt says no refund but doesn't say anything about refund on deposits. Since no service was rendered nor did I receive any goods from them, am I entitled to the refund of my deposit? Any answer or advice is appreciated.

What part of "no refund" did you not understand?

Note that if this was a custom order, that deposit may be non-refundable simply by virtue of the cost of processing a special order.

 

[shor]

What part of "no refund" did you not understand?

Note that if this was a custom order, that deposit may be non-refundable simply by virtue of the cost of processing a special order.

The deposit was to hold the price. He said if i didn't leave a deposit and came back next day, i could no longer get that price. It wasn't for any service or custom work.

 

[swalsh411]

Ok. So what part "no refunds" don't you get?

 

[Proserpina]

Unlike quite a few other states, NY also does not mandate a cooling off period (with certain exceptions which don't come into play here).

Looks like your choice is:

1. Accept the loss

Or

2. Get what you paid for

 

[shor]

Unlike quite a few other states, NY also does not mandate a cooling off period (with certain exceptions which don't come into play here).

Looks like your choice is:

1. Accept the loss

Or

2. Get what you paid for

Thanks for your reply.
One last question, what if they failed to disclose a very important information about their product? Can I use that as a ground for a legal action again them to get the deposit back?

 

[Proserpina]

Thanks for your reply.
One last question, what if they failed to disclose a very important information about their product? Can I use that as a ground for a legal action again them to get the deposit back?

What does the very important information actually entail?

 

[shor]

What does the very important information actually entail?

They tried to sell the diamond as VSI clarity. They didn't disclose the fact that the diamond's clarity was actually enhanced. They told me that clarity enhancement is a normal step during polishing almost all diamonds have that. When I got home, a friend of mine told me that clarity enhanced diamonds are actually made with diamonds with very bad clarity (substantially lower value), and they should not try to sell it as VSI clarity and even if they do, they should had told me what clarity it was originally. They never disclose that information to me during the transaction. After I paid the deposit, they wrote up the receipt and sneakily put "clarity enhanced" right after the VSI. Yes, I was stupid to believe him, but no I won't let them keep the deposit.

 

[TheGeekess]

They tried to sell the diamond as VSI clarity. They didn't disclose the fact that the diamond's clarity was actually enhanced. They told me that clarity enhancement is a normal step during polishing almost all diamonds have that. When I got home, a friend of mine told me that clarity enhanced diamonds are actually made with diamonds with very bad clarity (substantially lower value), and they should not try to sell it as VSI clarity and even if they do, they should had told me what clarity it was originally. They never disclose that information to me during the transaction. After I paid the deposit, they wrote up the receipt and sneakily put "clarity enhanced" right after the VSI. Yes, I was stupid to believe him, but no I won't let them keep the deposit.

Is your friend a gemologist or jeweler?

 

[Proserpina]

They tried to sell the diamond as VSI clarity. They didn't disclose the fact that the diamond's clarity was actually enhanced. They told me that clarity enhancement is a normal step during polishing almost all diamonds have that. When I got home, a friend of mine told me that clarity enhanced diamonds are actually made with diamonds with very bad clarity (substantially lower value), and they should not try to sell it as VSI clarity and even if they do, they should had told me what clarity it was originally. They never disclose that information to me during the transaction. After I paid the deposit, they wrote up the receipt and sneakily put "clarity enhanced" right after the VSI. Yes, I was stupid to believe him, but no I won't let them keep the deposit.

You'll probably find that you don't have a choice in whether or not you get anything back.

What we have, is a receipt saying "no refunds" and "clarity enhanced".

You know they're going to argue the point of whether or not you were made aware of the whole thing; given that the receipt does indicate that they didn't hide the information, I doubt you're going to win that one.

 

[shor]

Is your friend a gemologist or jeweler?

You are missing the point. A clarity enhanced diamond is not natural, hence the word "enhanced". I, as a consumer, should be told of the quality difference and the price difference. They could try to sell it as a clarity enhanced diamond, I don't have a problem with that as long as they let me know what it really means instead of selling it at a non-enhanced price and made believe that the diamond is of superb quality and that the customer is getting a huge deal. This is fraud and deceptive sales practice!!!

 

[Proserpina]

You are missing the point. A clarity enhanced diamond is not natural, hence the word "enhanced". I, as a consumer, should be told of the quality difference and the price difference. They could try to sell it as a clarity enhanced diamond, I don't have a problem with that as long as they let me know what it really means instead of selling it at a non-enhanced price and made believe that the diamond is of superb quality and that the customer is getting a huge deal. This is fraud and deceptive sales practice!!!

Fine. When they garnish your wages, bear in mind that judgments last an awfully long time.

When it goes to court, and it's them versus you, who do you think will prevail?

They have a receipt saying various things.

You have nothing to counter.

 

[shor]

Fine. When they garnish your wages, bear in mind that judgments last an awfully long time.

When it goes to court, and it's them versus you, who do you think will prevail?

They have a receipt saying various things.

You have nothing to counter.

Thank you for your advise.

I just found an article online:

ABC News Finds Jewelers Not Disclosing Clarity Enhancement, Inflating Appraisals
By Rob Bates, Senior Editor
Posted on July 11, 2013

Obviously I am not the only one going through this disgusted sales practicing by defrauding consumers.
I will consult a lawyer. I will make them pay for their wrong doing.