Legal Question in Consumer Law in Alabama

I purchased a diamond ring from a local wholesale jeweler. After having it for a couple of weeks I contacted the jeweler to return, exchange or refund the ring. The jeweler told me that he would contact the vendor that he orsered the stone from and find me another better quality stone. I have had no response from the jeweler and he will not respond to my request. On the purchase invoice there is no mention of a general return policy. In small print it does indicate that special ordered items can not be returned, exchanged or refunded. It has a place for the customer signature. This area was not pointed out to me and there is no signature on the form. Can I legally expect a refund/exchange of this ring?

Thank you,

Karen S. Bull


Asked on 2/28/10, 6:43 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

He is probably under no obligation to exchange the ring or give you your money back, if he did not mislead you when he sold the ring to you. He is under no duty to show you the fine print on an invoice. The lack of a signature does not matter if you got the paperwork when you bought the ring. In sum, you can sue him to rescind the contract if you can show the court that he defrauded you at the time of sale or that you have some other valid basis to get out of the contract. These things are very fact intense. You should talk to a lawyer and explain all of the facts to him or her. ALso, don't waste time in doing this. Your remedy in court is limited by statutes of limitation, and a long delay will prevent you from having any relief in court. Good Luck.

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Answered on 3/14/10, 10:16 am


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