Legal Question in Consumer Law in California

I am a small jewelry business owner and I had a customer buy some products at a Sale worth$700 in total. When the items were sent to her we sent a care instructions card in side jewelry bag on how to care for your Silver and Gold Plated Jewelry and a Terms and Conditions paper for orders and returns. After the 15 day return time policy she called saying some of her pieces were defect and the silver was tarnishing and coming through the Gold Vermay. I told her this was something that had never happened to us before and looked into the matter. Found out she owns a spa and it has types of chemicals and solvents that are used there that made the silver tarnish stronger and come through the Gold plating. I offered(even that it was past the return date policy) to give her a credit for other items in shop minus the repair fees of the items that were ruined from the Spa and shipping and handling. She refuses to pay those fees and wants to take us to court on this. What are my rights here?


Asked on 7/15/11, 2:52 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You might stick to your policy and see if she makes good on her word. It would involve spending some money to file the small claims action, taking time off from work to go to court, becoming more aggravated, etc. Certainly, your accommodation and willingness to stretch your policy shows that you engaged in goodwill. If you go to court, you might have to bring your "expert" with you to explain why the silver tarnished.

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Answered on 7/15/11, 6:30 pm


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