Need advice on returning a pricey but misrepresented item to a consignment store with no refunds

[normab]

I know the Tuggers all have good advice so here goes...

I purchased a gold bracelet at a well-known consignment store in Sarasota that sells Jewelry, including lovely 14k and 18k gold. It was listed as 14 karat gold and they gave me an appraisal from someone who has a NGJA membership number stating it’s 14 karat gold and the value. I excepted this information is factual and accurate. The consignment store donates their profits to support of the arts, and the price tag says “as is”, and the receipt states “no refunds no exchanges”.

When I got home and I showed the bracelet to my DH, he noticed that it is stamped 18 karat gold over 925 sterling silver, which means it’s basically a sterling silver bracelet with gold electroplate. So even though they gave me a an appraisal certificate, it’s basically fraudulent because how could an educated gemologist miss the stamp?

I’m just wondering if I have any rights because their policy is so clear that there’s no refunds, I’m thinking this is fraud, since they misrepresented the actual gold content of the bracelet, based on their appraiser’s information. This was a significant purchase, over a thousand dollars, and the bracelet is probably worth less than $100 at a pawn shop.

I will be heading back there tomorrow to ask for a refund, but I am sure that they will not be too happy to return the money. I can file a police report for theft or for fraud, I guess, and try to do the same to the appraiser who wrote the appraisal, if I can locate him, but I’m just not sure what to do. I’m not even sure if I dispute the purchase through my credit card if I have a leg to stand on when it says no refund. I’ve never had anything like this happen.

Any thoughts are appreciated.

 

[b2bailey]

If you are not able to convince the store the item was misrepresented, then I would definitely file a dispute with credit card company.

 

[am1]

Were you buying it for less then the spot price of gold? Try for a refund and do not take no for an answer. But buyer beware.

 

[Panina]

Hard to imagine how the store can get it so wrong. Did the bracelet have a tag on it describing? Is it possible it got mixed up in the case? Even though it says no refund they should give you a refund as they misrepresented the product. If they don’t dispute with you credit card company.

 

[isisdave]

Take the approach that "you clearly gave me the wrong appraisal by mistake, as you're such a reputable store that you'd never let a mistake like this go unremedied."

You could also take it up with the appraiser. I'll bet HE says it's not the piece that goes with the appraisal, because to say anything else reflects badly on him.

 

[normab]

Thanks for your quick responses. The tag clearly described the bracelet as 14 karat gold and it was that bracelet that was described. And the appraisal not only describes the bracelet but it has a picture of it. So I feel I have a fairly strong case but we shall see tomorrow.

 

[Grammarhero]

I know the Tuggers all have good advice so here goes...

I purchased a gold bracelet at a well-known consignment store in Sarasota that sells Jewelry, including lovely 14k and 18k gold. It was listed as 14 karat gold and they gave me an appraisal from someone who has a NGJA membership number stating it’s 14 karat gold and the value. I excepted this information is factual and accurate. The consignment store donates their profits to support of the arts, and the price tag says “as is”, and the receipt states “no refunds no exchanges”.

When I got home and I showed the bracelet to my DH, he noticed that it is stamped 18 karat gold over 925 sterling silver, which means it’s basically a sterling silver bracelet with gold electroplate. So even though they gave me a an appraisal certificate, it’s basically fraudulent because how could an educated gemologist miss the stamp?

I’m just wondering if I have any rights because their policy is so clear that there’s no refunds, I’m thinking this is fraud, since they misrepresented the actual gold content of the bracelet, based on their appraiser’s information. This was a significant purchase, over a thousand dollars, and the bracelet is probably worth less than $100 at a pawn shop.

I will be heading back there tomorrow to ask for a refund, but I am sure that they will not be too happy to return the money. I can file a police report for theft or for fraud, I guess, and try to do the same to the appraiser who wrote the appraisal, if I can locate him, but I’m just not sure what to do. I’m not even sure if I dispute the purchase through my credit card if I have a leg to stand on when it says no refund. I’ve never had anything like this happen.

Any thoughts are appreciated.

You want to create as much leverage as you can. You can tell them That you believed you were frauded and that you will describe the matter via the better business bureau, Yelp, google reviews, facebook reviews, etc.

 

[geekette]

How about a second appraisal? No clue on what those certs mean, I'd take it along on second appraisal. Could be a laughable phony. Maybe a third opinion, break that tie. I'm sure you would get a refund. If not on the spot, you can always keep asking for higher up the chain, raising your voice as necessary. Calmly, of course. Just adding volume as you repeat your request.

Stand your ground, set your mind on I'm Not Leaving without a refund. Do not look at the time, for all they know, you have All Day to settle this matter.

Be careful on throwing around words like fraudulent at the start. try the tack of "I'm sure there is a misunderstanding." If all you want is a refund, clearly state that and make it easy for them to say yes. Don't say a word about their existing store policy. I'm sure that applies to their normal transactions but your belief is that this was not a normal transaction.

 

[Iggyearl]

Any pawn shops in your area? Might be good to get an "appraisal" from one, and take it with you. The "no returns" policy should not be a license to commit fraud. Maybe they should be aware that the appraisal is very erroneous - or a fraud. They might want to make and exception to their policy.

 

[Grammarhero]

Cc companies allow chargebacks for such situations. It’s code 53 or 4853 depending on whether you used visa or MasterCard.

https://www.merchantconnect.com/CWRWeb/pdf/CBRReasonCodeListUS0908.pdf

 

[Talent312]

I'd try to act friendly, as if it's all a big misunderstanding, but be firm about it.
"I hope this was just a mistake, and not that you + I were defrauded by the seller.
I wanted to check to see if you could reverse this, before I go to the authorities."

If things go South with them, fall back on "a police detective may contact you...
so will my CC company when I dispute the charge."
.

 

[BJRSanDiego]

I wonder how much you paid. If you paid an amount of money equivalent to the originally perceived gold amount (about $1500 x weight in ounces (troy) x 14 carat/24 carat), then it might be worth refuting. BTW, Silver is selling for around $17 an ounce. But, if you bought it for perhaps $100 or less, then I'd suggest enjoying the piece for its beauty and move on with life. If you paid a bunch more, then you have nothing to lose except some time goi Yng back and asking for a refund. Just my humble opinion.

 

[normab]

Thanks all for the good advice. Will let you know the outcome.

 

[WinniWoman]

Thanks all for the good advice. Will let you know the outcome.

Good luck!

 

[normab]

The finale...

So they tried to get me to do the work and obtain a 3rd party appraisal as some of you mentioned, but I countered that their own appraisal did not match the stamp on the bracelet. I also did not use the word “fraud”because that would have been accusatory and this could have been a mistake, albeit a large one. When they resisted, I very calmly said I would need to get a police report to document the issues for my credit card. OMG. Did that make them SO reasonable. They don’t want it advertised that something was misrepresented from their store.

They took the bracelet for about 5 minutes, and came back and said it tested for silver....seriously, they could have done that to start...if they really tested it....but no matter, because I got my refund. Thanks for your replies.

And yes, caveat emptor always applies. I have had a lesson that I won’t forget.

 

[Patri]

The Goodwill in my town no longer takes returns. I seldom go in anymore, since their prices have gone up and the quality is only fair. When I do buy something, they ask if I want a receipt. I say no bc what's the point? Sometimes I wonder about appliances. Do they really check toasters and coffee makers? What if they did not work? But I would take a receipt if it was a case like yours, something expensive. I'm glad it worked out in your favor. Actually, the higher end consignment shops also say no returns, but I think they would be reasonable.

 

[Talent312]

Congrats on getting this fixed in such a calm and rational manner.
... But WTF, they didn't test it in the first place?
Do they think we walk around with silver detectors in our pockets?
Maybe we should?
.

 

[Mongoose]

Great job. That is exactly the way I would handle it. Another option is to make sure you only use a CC that has purchase protection.

 

[1Kflyerguy]

Glad this worked out for you. Even if it was a hassle.

 

[#1 Cowboys Fan]

Just curious, did you pay something like $100, $300, or much more for this item?

 

[davidvel]

Just curious, did you pay something like $100, $300, or much more for this item?

The OP said:

This was a significant purchase, over a thousand dollars, and the bracelet is probably worth less than $100 ...

 

[Panina]

Just curious, did you pay something like $100, $300, or much more for this item?

Op said in original post it was over $1000

 

[#1 Cowboys Fan]

Ooops, sorry about the price being mentioned..................