What are our rights if we bought an engagement ring that has 1/2 karat diamond less than what it was sold to us for?

Our receipt says a higher weight but 2 appraisals show a lower weight. The jewelry company said that they will exchange it to match the weight of what we bought but they won’t refund. We want a refund because we don’t trust the company. It seemed like they tried to hide the weight difference when we first got 1 appraisal. Should we take it to small claims court to get a refund or should we settle for the exchange?

Asked on November 16, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You probably need to settle for the exchange, at least initially (see below). This is a breach of contract suit--i.e. that they didn't sell you the ring they had agreed to sell you. When the other party breaches a contract or agreement, they generally are given an opportunity to "cure," or correct/make good, the problem. So they should have the opportunity to fix this--but if the replaced ring still isn't right, then you could sue them, and likely for fraud or theft by deception as well as breach of contract.
On a different note: please accept our congratulations on the engagement.


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