Ring Bought on Etsy Turns Out to Be Fake - Seller Refusing Refund, What Are My Options?

J

jordansa

New member
Edited to add: I'm not fussed about the money spent on a ring - it's more the fact that someone is profiting from dishonesty! Plus, I paid more for moissanite and not CZ (for longevity!) and they're fake.
The jeweller has not adjusted the ring at all as they tested the stones first and then notified me immediately.
Yes the ad stated genuine stones and I paid more for the moissanite upgrade. It stated 100% 925 silver which in my eyes should be hallmarked as such as they're stating a well known standard.
Bought a ring off Etsy to use as my wedding band back in April'22. Put it away as wedding isn't til this year. Sent it away with an independent jeweller to be resized recently and the jeweller has found the stones are fake and there's no hallmark. Where do I stand with this?! Seller is refusing to refund even if I return - he began by stating it wasn't true, I sent videos of the testing machine in use to show proof the stones are fake, he then argued I'd swapped the ring and was trying to scam him. Etsy and PayPal no use as it's out of their timeframes. Just annoyed I didn't think to check its authenticity when I first got it - just trusted their advert! Reported to trading standards. Is there anything else I can do or do I just cut my losses now?! Thanks for reading xx
 
Have you got a copy of the original advert/ receipt which states it has a hallmark and is a certain type of stone? If so, you could report to trading standards and claim your money back (look at misrepresentation of goods act).
 
Try contacting Etsy customer sevIces, they will not want this kind of seller on the platform, that should be enough to get a refund. I think they can normally see all the messages between you if done through the platform messaging.
 
Is the seller still selling the item? (Did they have multiples of the item?)
Buy another, do the test again. If that also comes back as fake, take them to small claims court, stating they’re mis-selling/ fraud/ and you want a refund for both items (print out invoice for original ring) ask the jeweller to write a report on headed paper stating the stones are fake. I think it only costs about £25 to submit papers to small claims court.
 
Small claims court may be your best option. Do you have the listing for the ring that states what it is you purchased?
 
@erobe05 I would advise small claims court as a last resort. We are almost 3 years deep in our small claims court battle with the huge backlog caused by the pandemic
 
Maybe contact citizens advice see what they say? Maybe worth small claims court. Even a letter threatening it may scare them enough into a refund
 
@tina456 What happens if seller goes to said court.
Could end up in a different court as buyer would need proof.
Love how people spout small claims but have little or no clue how it works.
 
@degarciasd evidence is irrelevant to allocation largely (save for considerations such as expert evidence). Small claims are allocated based on value and complexity (amongst some other considerations). You still have to prove your claim on the small claims track, for which you require evidence. The issue fee also depends on the value
 
I suppose this all might come down to exactly what was described in the listing. Have you got a copy/screen shot of the listing and description
 
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