Incorrect Diamond Weight in Earrings

**eenspire** · 01-16-2010, 02:59 PM

My question involves a consumer law issue in the State of: California
Can I return earrings that do not contain the weight in diamonds as stated by the salesperson, and stated on the receipt? I found the diamond weight stamped on the earrings when I returned home. The actual weight is less than stated on the receipt by 1/4 carat. The bottom of the receipt reads "all claims and returned goods MUST be accompanied by this bill". Can I expect the sales price to be returned to me in the method paid (cash), or will I need to accept store credit? Thank you for your help.

**Mr. Knowitall** · 01-16-2010, 03:02 PM

You describe a perfectly reasonable basis for making a return. I am not aware of the store's return policy - are you telling us that they have a "returns for store credit only" policy, or are you asking us? Because if you're asking, you need to ask them.

**eenspire** · 01-16-2010, 03:29 PM

Thank you for the reply. The store did not have a posted return policy either near the door, or at the register, or anywhere else that I observed.

**Mr. Knowitall** · 01-16-2010, 03:30 PM

Then you should be in good shape.

Quoting California Refund Law

Sellers are not required by law to accept returned items unless they are defective. However, California law requires that retailers who have a policy of not providing a cash refund, credit or exchange when an item is returned with proof of purchase within 7 days of purchase must inform consumers about their refund policies by conspicuously placing a written notice about their policies, in language that consumers can understand, so that it can be easily seen and read. Some companies may limit exchanges or returns for credit or refunds on all, or some products. Some may not allow exchanges or returns for credit or refunds at all. But whatever the limitation, it must be conspicuously disclosed. Before making a purchase, carefully check the store's policy.

There are a few exceptions you can read on the linked page, but they don't seem applicable.

**eenspire** · 01-16-2010, 04:56 PM

My lingering issue is can I expect cash back when cash was used to pay for the earrings? I no longer trust this store, and would like to take my business elsewhere. I do not want a store credit or exchange. What can I expect? Thank you again for your advice.