Legal Question in Consumer Law in Illinois

I purchased a ring at a jewelry show for $493. The prong broke within the 1st week so I called them & they said send it back we will fix it. When they received the ring, a man called said the ring is customer damaged & offered to fix the ring or credit me $450 for the ring(minus $43 tax) I said I wanted a full refund. I disputed the charge with Discover card & the receipt says 'Final sale' Discover card said there wasnt anythign they could do. I call Katy Desmond Jewelry in NJ- we are told that it will cost almost $200 to fix the ring so I asked for the original offer to refund $450, I was told since we decided to bring the credit card into this, they are not offering that option anymore. I asked if I can exchange the ring, she said yes but I will be charged full price. There is no return or exchange. She said she will mail it back to me, broken for $20. Is there anything I can about this.

Please help.

Thanks

Annette


Asked on 3/22/11, 7:04 pm

1 Answer from Attorneys

A "final sale" doesn't mean the merchandise wasn't warranted. Unless excluded, merchandise in Illinois generally carries a warranty of merchantibility, meaning it would pass muster generally in the trade. You might be able to sue based on breach of warranty, and the fact it broke in a week may just speak for itself. It takes a fair amount to break a prong, because usually prongs are made of harder alloys than say a ring band, but it is possible and you'd have to have some kind of evidence of how you handled the product until it broke. I would consider calling Discover again, because most credit card companies today include a warranty of their own on purchases; the fact that the jewelry company says you broke it doesn't make it so and if you have any history with Discover you're THEIR customer; otherwise I'd drop Discover like a rock. Plus, now the company has the product and your money, and Discover should demand they give you your money back or the product, but they can't keep both. If Discover won't help, you may wind up having to sue, but I would also report this company to the NJ authorities. Maybe if you call this jewelry company back and ask to speak to someone higher up they'll renew the $450 refund offer if you "apologize" or something (even if you don't mean it.....). These things happen all the time. The only thing I can say is that if the prong held in a stone it is not cheap to reset a stone properly, but a $493 ring can't have a stone worth much more than $100 in it in my experience.

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Answered on 3/25/11, 11:34 am


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