Paid 50% deposit on an engagement ring but now have been given a ring by family

swissheavy

Basically, a couple of weeks back I put 50% deposit down on an engagement ring with a reputable jeweller. Monday last week I was told by my parents they had found a ring I should use, it is indeed very nice. So I called the person I dealt with at the jewellers, told him my position and that I'll be needing a refund. He said it was fine and to come in when I can as he'd need the card (credit card) to put the money back onto it.

I rocked up on Saturday afternoon as I had no time during the week and after him going to speak to the manager he came back saying they normally do not do refunds but would offer store credit, and to have a think about other things I might want to buy and then come back next week. I have had a think and the sum of money is rather large, it's taken me over a year to save in itself and I really couldn't bare buying other stuff I don't need or expensive xmas presents.

So where do I stand with the shop? I intend to go back tomorrow to ask for the refund again. The gentleman I have dealt with thus far has advised me if the manager does come over, to say the engagement has been called off. Should I say this? Do I have any legal rights? I definitely didn't realise the deposit was non-refundable and didn't sign anything to say otherwise. I would have given more like 10% in that scenario!!!

Any guidance is very much appreciated. I had a poor night's sleep worrying about the issue and it has been eating me up all day.

bod1467

Retailer is only allowed to retain provable losses from any deposit. Unless the ring was customised in any way (therefore they'd have costs associated) I'd suggest that their provable losses are minimal. Go back and ask again. If you get the same response then ask again via letter (sent recorded delivery) and titled Letter Before Action.

Be aware that you may have to take small claims action if they still don't refund the deposit. But the formal letter will usually get them to buck their ideas up.

swissheavy

Indeed, the ring was an off-the-shelf item which hasn't been touched in any way. I haven't even taken it out of the shop. I would happily offer to pay them the credit card fees they may have incurred though.

Thank you for your guidance Ian. Any other posts gratefully accepted.

Caroline73_2

Couldn't you use the money towards your wedding rings instead?

swissheavy

Hi Caroline,

That was what I was thinking also but I have never dealt with a company who refuses to give a deposit back after what is 2-3 weeks tops for something that can be just put back in the window. My own business that I work for would always return the money as a gesture of goodwill and to keep the customer happy. This jeweller I am dealing with has rattled me a bit that I am wondering why I have/would give any more business to them, as my anxiety over the whole thing has shot up since yesterday. Also, I was told over the phone that it wouldn't be an issue earlier in the week...

Flyboy152

Do as Bod has advised and let us know how you get on. Act professionally, politely and be very calm. Don't take no for an answer, but don't make a scene either. If they refuse, tell them that the next communication will be in writing. Do not back down, remain firm and make sure that you go straight home and write the letter and post it recorded delivery. Give them seven days to conform to your request or you will refer the matter tot he small claims court.

arcon5

swissheavy wrote: »

Basically, a couple of weeks back I put 50% deposit down on an engagement ring with a reputable jeweller. Monday last week I was told by my parents they had found a ring I should use, it is indeed very nice. So I called the person I dealt with at the jewellers, told him my position and that I'll be needing a refund. He said it was fine and to come in when I can as he'd need the card (credit card) to put the money back onto it.

I rocked up on Saturday afternoon as I had no time during the week and after him going to speak to the manager he came back saying they normally do not do refunds but would offer store credit, and to have a think about other things I might want to buy and then come back next week. I have had a think and the sum of money is rather large, it's taken me over a year to save in itself and I really couldn't bare buying other stuff I don't need or expensive xmas presents.

So where do I stand with the shop? I intend to go back tomorrow to ask for the refund again. The gentleman I have dealt with thus far has advised me if the manager does come over, to say the engagement has been called off. Should I say this? Do I have any legal rights? I definitely didn't realise the deposit was non-refundable and didn't sign anything to say otherwise. I would have given more like 10% in that scenario!!!

Any guidance is very much appreciated. I had a poor night's sleep worrying about the issue and it has been eating me up all day.

out of interest, what do you think a deposit is? It is a payment that commits you to purchasing goods, and in the event you breach the contract by backing out (as you are doing now) it covers their losses. So irrespective of whether they told you it was refundable or not, why would you think it would be?

as it happens though, you left more of a pre-payment than a deposit, and as already pointed out, all they're entitled to is provable losses (so perhaps an admin fee, can't imagine there being anything more than this).

one further point from me, I second flyboy's point about acting politely and calmly -- irrespective of how difficult they may be as too many people get angry and argumentative in these situations, which ultimately doesn't help the situation.