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advice needed. deposit return on jewelry

  • 08-12-2012 6:44pm
    #1
    angrykoala
    Registered Users Posts: 54 ✭✭


    hi all. im looking for a bit of advice. on nov 3rd my wife and i ordered a ring from a jewelers. it was to be a birthday present (birthday, yesterday dec 7th) we were told it would take 2/3 weeks max ansd would be in well in time for her birthday. i put down a deposit of 50% (€500). i went in four days before her birthday and was told that the ring had been dispatched (dont know where from) and that it should be with them in time. long story short the ring did not materialise. my wifes birthday was ruined as i could not afford another gift so late. where do i stand on getting my deposit back??? have they breached the oral contract? im going in monday when the ring may actually have arrived. i do not however want it now as the purpose was a birthday present which has already been ruined... i do not want to give this shower a penny now. can i get my deposit back??
    Tagged:


Comments

  • #2
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Yes.

    Tell them you want it back.

    If they refuse, send them a written demand in a registered letter with 5 business days to pay.

    If you don;t get your money back, then files a Small Claims Court action.


  • #3
    angrykoala
    Registered Users Posts: 54 ✭✭angrykoala


    i just want to make sure i have a strong legal case and thay cant force me to purchase the ring or hold onto the deposit. im fuming at them


  • #4
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Was the deposit refundable? What does your receipt say? Was there an estimated delivery date on the receipt? Was the ring specially made/customised? Where was it to be made?

    It is not always as simple as yes/no on getting the deposit back.


  • #5
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    There is one thing of particular importance: how clear you were, when the ring was ordered, that it was required for a particular date. It wold be helpful if the receipt for the deposit reflected that.

    Your case would be based on the idea that in your contract "time is of the essence". If it is sufficiently clear and provable that a particular deadline was at the heart of the contract, then you have a winnable case.


  • #6
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    Now, now I am sure her birthday was not actually ruined.


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  • #7
    angrykoala
    Registered Users Posts: 54 ✭✭angrykoala


    Paulw wrote: »
    Was the deposit refundable? What does your receipt say? Was there an estimated delivery date on the receipt? Was the ring specially made/customised? Where was it to be made?

    It is not always as simple as yes/no on getting the deposit back.

    there is nothing re date or refund status on the reciept. ring was specially made. dont know where. im sure its dublin.

    it was clearly stressed (orally) that this was required for her birthday. this was the only reason it was bought. i was in 3 times in the week before the required date and was informed that i should have it for the required date. first of these times she defintely noted it in her journal.


  • #8
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    angrykoala wrote: »
    there is nothing re date or refund status on the reciept. ring was specially made. dont know where. im sure its dublin.

    it was clearly stressed (orally) that this was required for her birthday. this was the only reason it was bought. i was in 3 times in the week before the required date and was informed that i should have it for the required date. first of these times she defintely noted it in her journal.

    For a custom made ring, it may not be a refundable deposit. Also, you say that you stressed the date, but doesn't sound like the date was a condition of sale/purchase.

    If you took a case to the small claims court, you may or may not win. Very difficult to say. If you win, you get your deposit back. If you don't win you may forfit your deposit, or you may be compelled to complete payment and accept the ring.

    So, your options would be
    (1) to accept the ring when it does arrive and then give it to the wife as a delayed gift (I am sure she will still really appreciate it)
    or (2) you can ask for a refund (probably denied by the store)
    or (3) finally you can take a case to the small claims court.


  • #9
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    angrykoala wrote: »
    ...
    it was clearly stressed (orally) that this was required for her birthday. this was the only reason it was bought. i was in 3 times in the week before the required date and was informed that i should have it for the required date. first of these times she defintely noted it in her journal.
    If you ended up in court, the case would revolve on whether or not time was of the essence. It clearly was to you. The retailer might take the position that at the time the contract was made, it was not clear to them. They might argue that the date was a target, but not a fundamental component of the agreement. It then comes down to a matter of whose version of the contract the judge believes is the true one. The fact that the delivery deadline is not written into the receipt for the deposit would come against you. Your subsequent visits are of relatively little evidential value.


  • #10
    Del2005
    Registered Users Posts: 18,869 ✭✭✭✭Del2005


    angrykoala wrote: »
    hi all. im looking for a bit of advice. on nov 3rd my wife and i ordered a ring from a jewelers. it was to be a birthday present (birthday, yesterday dec 7th) we were told it would take 2/3 weeks max ansd would be in well in time for her birthday. i put down a deposit of 50% (€500). i went in four days before her birthday and was told that the ring had been dispatched (dont know where from) and that it should be with them in time. long story short the ring did not materialise. my wifes birthday was ruined as i could not afford another gift so late. where do i stand on getting my deposit back??? have they breached the oral contract? im going in monday when the ring may actually have arrived. i do not however want it now as the purpose was a birthday present which has already been ruined... i do not want to give this shower a penny now. can i get my deposit back??

    Who was with you when you ordered? It may lend some weight to a potential court case.
    angrykoala wrote: »
    there is nothing re date or refund status on the reciept. ring was specially made. dont know where. im sure its dublin.

    it was clearly stressed (orally) that this was required for her birthday. this was the only reason it was bought. i was in 3 times in the week before the required date and was informed that i should have it for the required date. first of these times she defintely noted it in her journal.

    If the date was so important you should have made it part of the contract. The fact it was specially made will make it more difficult to get a refund and if the shop produces it now why can't you give it to your wife? I know people who got a piece of A4 paper with a note saying this is your present, it's been delayed you can have it later.


  • #11
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    While I agree with all the points made above, it is pushing it to say your wife's birthday was ruined. You bought it together after all and she knows it is coming, obviously wanted it and is not a child wondering what surprise is arriving for her birthday.

    Is there an element of change of mind here?


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  • #12
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Alma Gray Tray wrote: »
    While I agree with all the points made above, it is pushing it to say your wife's birthday was ruined. You bought it together after all and she knows it is coming, obviously wanted it and is not a child wondering what surprise is arriving for her birthday.

    Is there an element of change of mind here?
    That has no bearing on OP's rights.


  • #13
    jimmycrackcorm
    Registered Users Posts: 14,327 ✭✭✭✭jimmycrackcorm


    Greenmachine wrote: »
    Now, now I am sure her birthday was not actually ruined.

    You Sir, must not be married! Otherwise you'd know different.


  • #14
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    jimmycrackcorm wrote: »
    You Sir, must not be married! Otherwise you'd know different.

    Well I am, and my wife would be mature enough not to be distressed if she picked jewelry she liked and it didn't happen to arrive by the date of her birthday. :rolleyes:


  • #15
    angrykoala
    Registered Users Posts: 54 ✭✭angrykoala


    wife is very mature.

    anyway spoke to the manager as the sales assistant was off, he said it had been originally ordered for xmas. when i put him right on it he did not disagree with me. offered a full refund or a sizeable discount. took the discount.


  • #16
    RoboRat
    Registered Users Posts: 2,454 ✭✭✭RoboRat


    Good stuff.

    Moral of the story is that if you are ordering something and you need it by a specific time, make sure you have it in writing before paying a deposit.


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