Store won't refund diamond, £2000 down!

gm89uk

Dear MSE,

EDIT (ORIGINAL POST REMOVED). I would like to change what I previously stated in this thread and retract the comments made regarding diamond-heaven.co.uk before.

Diamond-Heaven in Birmingham Jewellery quarter have been extremely patient with me, courteous and generous with service provision and time to choose and pick. They have the best value for money I could find the UK and the refund policy is seemingly well understood regarding in-store purchases

With all fairness I hadn't discussed this matter with them properly and I was too rash to post this thread. Today, despite being an admittedly difficult customer (my words not theirs), they have been very lenient and have given me full options and very informative suggestions for how to proceed. I am aware this kind of thread will reflect badly on their services. I also thought about another diamond which I showed them that was in America

The options offered directly from the director were:
1) Go ahead with the original purchase
2) Purchase the diamond through them from America
3) Source the diamond myself and use the money towards the bands.

This was very fair considering it goes against their diamond exchange policy and I was surprised by the flexibility.

I am grateful for all contributers to this thread. This issue is now resolved as long as they keep up their end of the bargain. I will update you guys to see how things go.

George

Forwandert

gm89uk wrote: »

Dear MSE,



I went into the store reassured of their money back guarantee only to be told that buying online and buying instore are different, and refunds are only available for buying online. Looking at my receipt (which is only given to me AFTER I paid) on the back it says refunds are not accepted and we may offer credit at our discretion. No one in the store mentioned this to me whatsoever at the time of contributing 2000 toward my final purchase.

You have no rights to a refund when you purchase anything instore if you change your mind, they do not have to explain this to you when you make a purchase.

Some companies do let you 'change your mind' but these are company policies that excede any statuatory rights you have and if they had exclusions on those they should explain or have the infomation at the point of sale but in situations like yours there is no right to refund.

agrinnall

In general purchases made in store are not refundable for change of mind unless the store has a policy allowing it - in this case they don't, which is perfectly acceptable. Had you bought online you would have been covered by the Consumer Contracts Regulations and could have cancelled the purchase, but they only apply to remote purchases.

If they refuse to return your deposit your options are to accept it and lose the £2000 or pay the full £6000 and hope that you can sell the diamond yourself for more than £4000.

Some posters may advance the argument that the deposit should be returned if the shop are able to sell the diamond for the full price but I'm not convinced you'd be able to rely on that.

gm89uk

Please see first post

Forwandert

gm89uk wrote: »

Thanks for your replies, this is unsettling news. So it is fair on their part that they do not disclose that their refund policy is different from what is advertised online without any declaration that this only applies to online purchases, rather than all purchases. Most online retailers will highlight the difference.

There is even an exclusion criteria online which offers perfect opportunity to state items bought in store are not covered but fails to mention so:

"Are there any items not covered under your returns policy?

Bespoke items – Jewellery that has been specially commissioned for you will not be valid, there will have been multiple points throughout where you will have had to approve designs.
Engraved items – Any jewellery that had engraving carried out will be non-returnable. This is personal to you and the item cannot be re-sold.
Worn or Damaged Items – Any jewellery that has been clearly worn or has suffered damage whatever that maybe while in your possession."

Its fair to assume the website terms and conditions cover the website, or you could have simply asked, in the section you copied and pasted you removed the line of text just above.

http://prntscr.com/7afecj

Edit just to add they do explain the refund policy instore is different at the bottom of this FAQ's page

http://www.diamond-heaven.co.uk/dh/advice-and-support/education/faq

http://prntscr.com/7afh5o

gm89uk

Forwandert wrote: »

Its fair to assume the website terms and conditions cover the website, or you could have simply asked, in the section you copied and pasted you removed the line of text just above.

Edit just to add they do explain the refund policy in-store is different at the bottom of this FAQ's page

You got me there. Well spotted. Although it would be better placed on the actual returns page than the FAQ. I suppose I don't have a leg to stand on

Voyager2002

gm89uk wrote: »

You got me there. Well spotted. Although it would be better placed on the actual returns page than the FAQ. I suppose I don't have a leg to stand on

At least you know the legal position... when the director telephones you will, I am sure, avoid putting her back up by standing on rights that you do not in fact have, and instead hope that they choose to make some kind of goodwill gesture.

tomtontom

Is the proposal cancelled permanently? If not then why not ask if you can complete the purchase at a later date?

daytona0

tomtontom wrote: »

Is the proposal cancelled permanently? If not then why not ask if you can complete the purchase at a later date?

Yes, this is a practical solution if we assume that things have not turned sour.

Could also consider making a proposal whilst the family member is ill, but obviously being sensitive to the situation too. (key word underlined). Theoretically the recipient will be appreciative of the gesture, and if you are sensitive then it will show that you support them and also love them etc.


If none of those take your fancy then check the terms of the deposit, as they may be able to allow you to complete the purchase at a later date when it is convenient for you. Assuming, of course, you aren't trying to cancel the whole sale.

Marktheshark

Terms and conditions of retailers are not law.
When they accept a deposit they can only keep provable losses caused by failure to complete.
Had you paid in full, then you have no right to refund.
As it looks like you left a deposit, demand they produce an account of any provable losses that would stand county court scrutiny and return the deposit.

At £2k consider a county court claim for return of the deposit.

baza52

Just complete the purchase and re sell. I doubt you would lose 2K that way and could recoup some of it.