I have a customer that bought a ring from me. We sized her ring up to a very large size. Well, a stone fell out of it when he gave it to her. I fixed it at no charge. Then they took it to the car and another stone fell out, because they were in such a hurry to get it back ,and the jeweler didn't have time to do a quick thorough look over of the ring. Anyways, I fixed the ring. A month later she brought the ring back with another small stone out of it. She said, "I want my money back". I told her that I would give her store credit, or repair the ring for free. Her immediate answer...Small claims court. So, now I'm going. Any advice?
2007-03-06 11:46:07 · 21 answers · asked by pansyskunk 2 in Politics & Government ➔ Law & Ethics
Sounds like a possibility. Do you have a return policy with the length of time for returns posted in your store? It would be helpful to your case.
2007-03-06 11:51:46 · answer #1 · answered by sam simeon 3 · 0⤊ 0⤋
hmmmm, that is a tough call and will depend on the judge.
One thing i can tell you is real small claims court is nothing like you see on TV. It is swift and often unfair. All you can do is hope for the best, and i think the fact you offered to repair it and/or give her store credit should suffice....and geeze, a month went by.....if it were the same day or a few days later maybe... I suppose the price will have something to do with this too, like if it is a high end ring (thousands).
Do you have your return policy posted somewhere??? If so, bring that as evidence. If not, you should make a policy and have it on your recipt for the future.
As a landlord and a business owner I have been many times over the years, and I have yet to lose. I think you shall prevail here. Best of luck!!
Either way think of it as a learning experience, and remember to be polite and apologetic to the customer, no matter how much of a bit** she may be..she may know a lot of people, ya know...lol
And heck, now I'm going to wonder for the rest of my life....you gonna let us know who wins??
2007-03-06 20:01:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
After 3 stones fell out, I can see why she is discouraged and doubtful that the ring will ever be in a good state. It seems like she will always have to worry about it versus enjoy it.
How usual is it for a ring to have this happen?
Make sure you are able to document your return policy.
Is it stated on the receipt or is there a sign easily visible?
What is the standard return policy for jewelry stores? Target takes things back easily - but is the jewelry store business different?
I think your argument could be that you stand behind your merchandise - ready to fix it as needed. And that store credit could be used to replace the ring with another one.
2007-03-06 19:54:56 · answer #3 · answered by Stan W 5 · 0⤊ 0⤋
She has to prove you didn't hold up your end of the deal. From the sound of it, you did your part. You sized it. WHich is what you were supposed to do. The fixing of the stones was done on your part as a courtesy. You could have charged her for it and a good deall forthe work too. But you didn't. She cannot claim her money back as the origginal work was performed correctly. I don't think she can win as you did give her an option and she decided to take neither. I think is a stand up job on your part. You have a good case.
The Syko Ward
2007-03-06 19:55:34 · answer #4 · answered by The Syko Ward 5 · 0⤊ 0⤋
...FOUR times you fixed this 'ring'? Stones keep fallnig out? I think I'd want my money back also. Or better, another ring!
It sounds like a kind of cheap thing. Why don't you just give the money back and leave it at that.
2007-03-06 20:02:45 · answer #5 · answered by rare2findd 6 · 0⤊ 0⤋
make sure you have all your paper work. if you have paper work where you have charged someone else a fee for putting a stone in take that with you incase you need proof of how much it cost to put a stone in. Take witness's they are your key to winning. You should prove that sizing a ring doesn't make a stone fall out. A stone falls out because prongs are worn . She did not ask you to fix the prongs did she?
2007-03-06 19:51:52 · answer #6 · answered by Shelly t 6 · 0⤊ 0⤋
You'll have to speak in your own defense because you can't have a lawyer represent you. Be sure to bring with you all the pertinent paperwork and dates. Try to remain objective and not emotional. No sneers at the complainant. If the other party should win, they may want to tack on their court expenses such as the filing fee. Good luck!
2007-03-06 19:53:56 · answer #7 · answered by HoneyBunny 7 · 0⤊ 0⤋
Give her her money back. You are likely to lose in small claims court unless you can show that it was her fault that all these stones kept falling out. Customers have a right to return defective merchandise.
2007-03-06 19:51:13 · answer #8 · answered by rollo_tomassi423 6 · 0⤊ 0⤋
Make sure you get your Answer/Response served and filed. Just put that statement in the complaint and explain it to the judge pro tem. Small claims hearings are very informal - just make sure you get your answer filed so any rights you have are protected.
If you have a jeweler that works for you, either bring him along or get a declaration, under penalty of perjury, filed to support your side.
Good luck.
2007-03-06 19:49:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
to be totally honest with you, from my experience and family as being lawyers.. she has no case really if you are telling a rational story. The worst the court can make you do is repair the ring for free for her ... you offered her everything that you could, so she just needs to know her role and shut her hole..... gosh I hate ignorant people that try sueing everyone also tell her your yahoo friend said get a life and get a job and she can buy a new darn ring:)
2007-03-06 19:52:04 · answer #10 · answered by juliet48146 1 · 1⤊ 1⤋