Need help deciding what to do next. Fine Jewelry Return

[melissakhan]

I purchased 18k diamond earrings for me, which I received august 29th.  I was traveling for work and did not get a chance to have them tested until last week and was told the diamonds are not real and gold possibly plated. I requested a refund and while waiting for the sellers response decided to take them to another jeweler to test the diamonds and was told, once again, they are not geniune diamonds. The seller emailed me and stated that she was sure the diamonds were real and asked me to take them to another jeweler. I informed her that I had already done so with the same results. The second email I received was a bit hostile with the seller accusing me of leaving a lot of negative feedback (i've only left approx 5 out of hundreds in 15 years!) and stated that I was past the 30 day return policy and that she did not have to take them back but would do so If I paid return shipping and a 10% restocking fee ($60). 

Im a total idiot and realize I should have tested them sooner. I know I went past the 30 day return policy and I feel it is fair for me to pay for return shipping but 10% restocking fee for fake diamonds seems unreasonable to me. The seller states if they find that the earrings are not real they will not charge restocking but from our conversations I have no reason to believe the seller will not insist the diamonds are real. I was thinking about getting them fully appraised before returning in order to prove what I have been told by two different jewelers. What would you do in my position? Can they  completely deny return due it being past the 30 day return policy? do I have some sort of protection regardless of return policy? Should I ask ebay to step in and help with the return? Should I get the appraisal? Just needing some advice. Once again, I know I was an idiot to not have them tested sooner and clearly in the wrong for going over the 30 day return policy. I was two days over and have learned a hard lesson. 

[melissakhan]

correction: had them tested on Monday, not last week, notified seller of return on the same day.

[oldladywhitecrafts]

Here is the link on returns:

http://pages.ebay.com/ebay-money-back-guarantee/questions.html

Pay pal gives you 180 days to file a return for the money back guarantee.

I know on Ebay the seller has to pay return shipping for returned items not as described

Look at the link above to view all about returns and choose what you want to do

[missjen831]

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@melissakhan wrote:

I purchased 18k diamond earrings for me, which I received august 29th.  I was traveling for work and did not get a chance to have them tested until last week and was told the diamonds are not real and gold possibly plated. I requested a refund and while waiting for the sellers response decided to take them to another jeweler to test the diamonds and was told, once again, they are not geniune diamonds. The seller emailed me and stated that she was sure the diamonds were real and asked me to take them to another jeweler. I informed her that I had already done so with the same results. The second email I received was a bit hostile with the seller accusing me of leaving a lot of negative feedback (i've only left approx 5 out of hundreds in 15 years!) and stated that I was past the 30 day return policy and that she did not have to take them back but would do so If I paid return shipping and a 10% restocking fee ($60). 

Im a total idiot and realize I should have tested them sooner. I know I went past the 30 day return policy and I feel it is fair for me to pay for return shipping but 10% restocking fee for fake diamonds seems unreasonable to me. The seller states if they find that the earrings are not real they will not charge restocking but from our conversations I have no reason to believe the seller will not insist the diamonds are real. I was thinking about getting them fully appraised before returning in order to prove what I have been told by two different jewelers. What would you do in my position? Can they  completely deny return due it being past the 30 day return policy? do I have some sort of protection regardless of return policy? Should I ask ebay to step in and help with the return? Should I get the appraisal? Just needing some advice. Once again, I know I was an idiot to not have them tested sooner and clearly in the wrong for going over the 30 day return policy. I was two days over and have learned a hard lesson. 

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Yes the seller can completely deny the return, you have missed the 30 deadline to use the money back guarantee. Ebay does not make exceptions here. You do have 180 days from the date of payment to file with paypal though.

[sam9876]

File a SNAD complaint with PayPal.

[melissakhan]

Should i pay for an appraisal to prove the earrings are not authentic? The seller is insisting they are real diamonds.

[green-night]

Should i pay for an appraisal to prove the earrings are not authentic? 

No.   Totally unnecessary.  

Just make sure that if the item is $750 or over that you send back with signature confirmation.  If you don't and the item is that value or higher, you won't be protected if the  seller lies and says they didn't receive the item back.   I'd also insure the shipment if it was valuable. 

[melissakhan]

Thank you, I will be sure to get insurance and signature confirmation when I ship the earrings back.

As of now the seller is still insisting that the diamonds are genuine. She wants me to pay for return shipping and states that she will waive the 10% restocking fee if SHE tests the diamonds and finds them to be fake. Nowhere in her listing or return policy did it mention a restocking fee so I'm not sure if that fee is a penalty for going over the 30 day return policy?

She has now called my husband's phone and left a message for me to call her back. That is the last thing I want to do at this point since she is so insistent that the diamonds are real and has even emailed me again stating that she is concerned i used the earrings for 30 days and now trying to return them. Also, she has not responded/accepted the return request I opened up. I have till October 6th until I can ask for assistance.

At this point, I no longer want to correspond with her since this seems to be escalating with accusations of me wearing the earrings for 30 days and implying I am trying to pull one over her because that has happend to her with other buyers in the past. 

If I file a SNAD with paypal, don't I need some kind of proof showing that item was not as described?

[melissakhan]

UPDATE: The seller has declined the refund request but has emailed me asking for me to return the earrings w/tracking and original box and she will refund the purchase price once she as received the earrings.

I don't understand why she declined the refund request but is asking for me to ship? Is this normal? Wouldn't she accept the return request but ask for me to pay shipping? I'm confused.

[myboardid]

Do NOT return them as the seller has asked - she would have no obliagation to refund you at all in that situation.  Do NOT correspond with her AT ALL any further.  Just open the SNAD case in Paypal and pay for the return shipping, insurance and signature confirmation if you paid more than $750 for them. 

[melissakhan]

Should I get the earrings appraised for proof? I know someone posted that it was not necessary but I'm afraid she will claim the diamonds are real once she receives the earrings. Also, I tried filing a SNAD and paypal stated that I had an open case with ebay. When she declined the return the request stated the the return was completed so why is it still showing up as open? Thank you!

[belleoftheprom]

No reason to have the earrings appraised.  Go to paypal and open the claim.  Follow the instructions and everything should turn out fine.

[sam9876]

You don't need insurance.

[freeshipusa1 · Accepted solution]

file item not as described on Paypal,you have 180 days to do so.
Paypal will give her 10 days to respond,if she does and you do not agree with her,then you escalate to get PAYPAL review.
chances are Paypal robot will ask you to return the item,you pay return tracking,once tracking shows delivered,Paypal will refund you if she does not.
if you have used a credit card to pay via Paypal,if you lose the case,then file chargeback with your credit card.
if it makes you feel better,get a written letter from one of the jeweler on his stationary ,if no stationary,then get a business card and atatched to his writing,you would need that for cc chargeback.
Many fine jewelry items on Ebay are not as described,I bought 18k gold,stamped 18k but it is 14k,I get a partial refund because I like the carving.
but filing item not as described is quite common,

[freeshipusa1]

paypal and ebay are now separate companies,file chargeback with your cc issuer,skip Ebay and Paypal.

once the cc issuer notifies Paypal,your Paypal case will close and Paypal will notify your seller a chargeback has been filed.

if she loses,she pays $20 chargeback fee .