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Buyer beware - old mine antique jewelry

upgradingmama said:
Um - Don't put words in my mouth. I never said I was a "victim of unfair business practices". I said buyer beware and that I wouldn't recommend working with this vendor. And, you can title any thread how you want and I will title it how I want. My post my choice (until the supreme court gets involved with that too).
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Sorry, my laughy face emoji wasn't a comment either way on the issue here, which I've only skimmed thus far. The sentence above just cracked me up. Carry on!
 
upgradingmama said:
Um - Don't put words in my mouth. I never said I was a "victim of unfair business practices". I said buyer beware and that I wouldn't recommend working with this vendor. And, you can title any thread how you want and I will title it how I want. My post my choice (until the supreme court gets involved with that too).
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Um - Don't put words in my mouth. I never said you said you were "a victim of unfair business practices."

I actually said "IMHO, the title of this thread is incredibly misleading and it is disappointing that OP has chosen to frame herself as a victim of unfair business practices."

My post, my opinion.
 
marymm said:
Um - Don't put words in my mouth. I never said you said you were "a victim of unfair business practices."

I actually said "IMHO, the title of this thread is incredibly misleading and it is disappointing that OP has chosen to frame herself as a victim of unfair business practices."

My post, my opinion.
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I'm guessing you are a lawyer? Peace out...
 
Interesting read. I am a lawyer, but in a European country. We have strict consumer laws here prohibiting this type of costs when cancelling an online order before shipment. We have a 14 day period to regret an online purchase, no questions asked, for consumers. But if the item has been shipped, the buyer must pay the shipping expense.
Not of any help here though, I am simply curious re your consumer laws.
 
yssie said:
So is this small business supposed to eat PayPal’s fee two times (which they would charge on initial purchase and on re-purchase in this scenario) rather than just once (for initial purchase) - for free - because the customer changed her mind minutes after purchase and the vendor responded to that customer’s return request? PayPal doesn’t offer a “few minute fee waiver”.

Or is she supposed to take the extra time to calculate precisely what the fee excess would be for every return or re-purchase request she receives, rather than state - and adhere to - a blanket policy that will account for both simple and complex (pricey for her) scenarios? Bigger vendors can offer smaller restocking fees because all their costs (transportation, shipping, accounting, tax filing, organizing import/export/customs, etc.) are lower.

Vendor followed her own clearly stated and easy-to-find policies. It’s up to the customer to prioritize product outlay and return flexibility - and not count on exceptions being made without prior agreement. If she had deviated from her stated policies that would be a different discussion.

Never bought from her, probably never will. Agree with @marymm, this “Buyer beware” thread is unwarranted: A vendor following published (and honestly not especially customer-unfriendly) protocol is not something to beware.
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Thanks for your opinion (which I usually like a lot more than this one :) ). I didn't see the policy so shame on me for not checking the small link to read the terms and conditions before I made the purchase. That said, as a small business owner myself, I would ALWAYS work with someone if there was obviously a mistake made. I didn't ask for the world. Just consideration. I wouldn't want her to eat fees but maybe she could have worked with me before canceling the purchase. Give me a credit towards a future item? Anything? I would have spent over $2K on her site gladly and never will. I definitely don't believe the customer is always right but I do believe there's always a middle ground. And for that, I do think that people need a warning. I'm sorry if you feel differently.
 
acaw2015 said:
Interesting read. I am a lawyer, but in a European country. We have strict consumer laws here prohibiting this type of costs when cancelling an online order before shipment. We have a 14 day period to regret an online purchase, no questions asked, for consumers. But if the item has been shipped, the buyer must pay the shipping expense.
Not of any help here though, I am simply curious re your consumer laws.
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What's really interesting with that is that she's in Denmark!!! hmmmmm.....
 
I appreciate this post! Thanks for the head’s up. And I’m sure many who read it will benefit and not make an impulse purchase from her. Her loss.
 
upgradingmama said:
Thanks for your opinion (which I usually like a lot more than this one :) ). I didn't see the policy so shame on me for not checking the small link to read the terms and conditions before I made the purchase. That said, as a small business owner myself, I would ALWAYS work with someone if there was obviously a mistake made. I didn't ask for the world. Just consideration. I wouldn't want her to eat fees but maybe she could have worked with me before canceling the purchase. Give me a credit towards a future item? Anything? I would have spent over $2K on her site gladly and never will. I definitely don't believe the customer is always right but I do believe there's always a middle ground. And for that, I do think that people need a warning. I'm sorry if you feel differently.
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I deleted most of my post, I was pretty harsh and I’m sorry to you for that. I didn’t actually read who the initial poster was until the last minute - I just saw the post itself, and ran out of time before I could push my edits through! So all that’s left is the unedited partial delete.

But knowing *you* as I do, I imagine the delivery must have been pretty rude for you to have started this thread in the first place. I’ve already asked the mods for my remnant to be deleted since I was apparently commenting with half the story.

Sorry about that ❤️
 
yssie said:
I deleted most of my post, I was pretty harsh and I’m sorry to you for that. I didn’t actually read who the initial poster was until the last minute - I just saw the post itself, and ran out of time before I could push my edits through! So all that’s left is the unedited partial delete.

But knowing *you* as I do, I imagine the delivery must have been pretty rude for you to have started this thread in the first place. I’ve already asked the mods for my remnant to be deleted since I was apparently commenting with half the story.

Sorry about that ❤️
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No hard feelings and I'm sure to some I did not come off well and everyone is entitled to their opinion. The delivery was rough and if I shared screen shots you would see why I was so angry, but I didn't want to go that route. That said, if it helps anyone, great, if not that's ok too.
 
Disappointing and upsetting.
Always read the terms of service so there are no unpleasant surprises.
Paypal and other payment gateways have changed their conditions of use. As Karl said, Paypal keeps their fee no matter what the reason for sale cancellation so its not necessarily the seller.
I guess because a Sellers time and effort is money to them so Im not surprised there are restocking fees for sales that don’t complete but it’s not a pleasant experience to find out after purchase.
Instagram sellers aren’t my pick of vendor, no feedback / sales history to consider prior to purchase and that “it’s sold in 5 seconds“ feeling requires Buyers to make a rushed purchase decision lest they miss out.
 
upgradingmama said:
What's really interesting with that is that she's in Denmark!!! hmmmmm.....
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I can’t find anywhere on her site that says where the shop is located, but if it is Denmark then her policies clearly breach EU internet sales regulations as acaw2015 said. There’s a 14 day right of return, without reason, for full refund on internet purchases, including sale items (which her terms specifically exclude from returns).

I hope you’re successful in getting a full refund.

(I’ve never before seen anyone specify exactly which courier you must use for returns (when at the customer’s cost). Her terms are an ‘interesting’ read and wouldn’t encourage me to purchase from her.)

ETA: Thinking about it, I’m not sure whether the E.U. legal right to return would cover you as an international customer. It presumably exists to protect E.U. consumers so likely might not apply to transactions outside the E.U.
 
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lissyflo said:
I can’t find anywhere on her site that says where the shop is located, but if it is Denmark then her policies clearly breach EU internet sales regulations as acaw2015 said. There’s a 14 day right of return, without reason, for full refund on internet purchases, including sale items (which her terms specifically exclude from returns).

I hope you’re successful in getting a full refund.

(I’ve never before seen anyone specify exactly which courier you must use for returns (when at the customer’s cost). Her terms are an ‘interesting’ read and wouldn’t encourage me to purchase from her.)

ETA: Thinking about it, I’m not sure whether the E.U. legal right to return would cover you as an international customer. It presumably exists to protect E.U. consumers so likely might not apply to transactions outside the E.U.
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I agree with this. But I do think international private laws normally bases the applicable law on the country of purchase, that is the seller's country. in this case Denmark, if that is the seller's country. However, our consumer laws protects consumers so that the buyer's laws may be applicable if the seller directs it's sales to that person's country, if I remember this correctly. But as already stated above, that may only apply to European citizens, I am not sure. Speaking completely from memory on this. But! All this may not be helpful for you anyway, because Denmark has made several exceptions from EU law, and I don't know if this may be one of those areas where they have their own rules. I am not from Denmark.

Not very helpful for you and I am very sorry for your situation. I think our consumer rights are well thought through and so I am on your side on this. However, international purchases are sadly always a risk.
 
lissyflo said:
I can’t find anywhere on her site that says where the shop is located, but if it is Denmark then her policies clearly breach EU internet sales regulations as acaw2015 said. There’s a 14 day right of return, without reason, for full refund on internet purchases, including sale items (which her terms specifically exclude from returns).

I hope you’re successful in getting a full refund.

(I’ve never before seen anyone specify exactly which courier you must use for returns (when at the customer’s cost). Her terms are an ‘interesting’ read and wouldn’t encourage me to purchase from her.)

ETA: Thinking about it, I’m not sure whether the E.U. legal right to return would cover you as an international customer. It presumably exists to protect E.U. consumers so likely might not apply to transactions outside the E.U.
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acaw2015 said:
I agree with this. But I do think international private laws normally bases the applicable law on the country of purchase, that is the seller's country. in this case Denmark, if that is the seller's country. However, our consumer laws protects consumers so that the buyer's laws may be applicable if the seller directs it's sales to that person's country, if I remember this correctly. But as already stated above, that may only apply to European citizens, I am not sure. Speaking completely from memory on this. But! All this may not be helpful for you anyway, because Denmark has made several exceptions from EU law, and I don't know if this may be one of those areas where they have their own rules. I am not from Denmark.

Not very helpful for you and I am very sorry for your situation. I think our consumer rights are well thought through and so I am on your side on this. However, international purchases are sadly always a risk.
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Thank you both for the information! I truly appreciate it. I guess I'll see what visa says and cut my losses. And I'll go back to shopping at VCA and Cartier :razz:
 
acaw2015 said:
I agree with this. But I do think international private laws normally bases the applicable law on the country of purchase, that is the seller's country. in this case Denmark, if that is the seller's country. However, our consumer laws protects consumers so that the buyer's laws may be applicable if the seller directs it's sales to that person's country, if I remember this correctly. But as already stated above, that may only apply to European citizens, I am not sure. Speaking completely from memory on this. But! All this may not be helpful for you anyway, because Denmark has made several exceptions from EU law, and I don't know if this may be one of those areas where they have their own rules. I am not from Denmark.

Not very helpful for you and I am very sorry for your situation. I think our consumer rights are well thought through and so I am on your side on this. However, international purchases are sadly always a risk.
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Just out of curiosity: on a post today this seller replied to someone (who reported that the website was still not working when this person tried) by stating that “if you’re in Europe you can’t access the site sorry.”

Is this true? European consumers are now not able to purchase from this shop? If so, what would that mean for consumer rights?

(Also tagging @lissyflo who sounds very knowledgeable about EU sales regulations)
 
MiniMinerva said:
Just out of curiosity: on a post today this seller replied to someone (who reported that the website was still not working when this person tried) by stating that “if you’re in Europe you can’t access the site sorry.”

Is this true? European consumers are now not able to purchase from this shop? If so, what would that mean for consumer rights?

(Also tagging @lissyflo who sounds very knowledgeable about EU sales regulations)
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I tried, out of curiosity, and I can't access the site.
Assuming the seller is based in Denmark and assuming the normal EU consumer rights are applicable without reservations in Denmark, this simply means that the seller will not have to deal with EU consumers and their rights because they are not dealing with EU citizens since they are being blocked.
But, being a lawyer in (my country's) international private law, I still have to say that it is possible that the law in Denmark may still be applicable anyway because the sale is made in Denmark. But that is only generally speaking, I am not specialized in danish law or their international private laws. I also know that there is a law on international sales that may be applicable in this case, but I dare not say what that implies. If I were a lawyer researching this, that is where I would go look. But, I am not. :)
Lastly, no matter what the applicable law is or where you made your purchase, if you don't know how to make a complaint or if the company ignores you, that may be a big problem. And if the seller is even in another country, that problem is generally bigger. Buying online is not always easy no matter where you are buying from, but when buying internationally the risk increases. All depending on who you are buying from. Always good to do a bit of research re the seller first to avoid issues, both when buying nationally and internationally. Not saying OP did not. Just saying. :)

This may be helpful for someone: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints_en
 
upgradingmama said:
Thanks for your opinion (which I usually like a lot more than this one :) ). I didn't see the policy so shame on me for not checking the small link to read the terms and conditions before I made the purchase. That said, as a small business owner myself, I would ALWAYS work with someone if there was obviously a mistake made. I didn't ask for the world. Just consideration. I wouldn't want her to eat fees but maybe she could have worked with me before canceling the purchase. Give me a credit towards a future item? Anything? I would have spent over $2K on her site gladly and never will. I definitely don't believe the customer is always right but I do believe there's always a middle ground. And for that, I do think that people need a warning. I'm sorry if you feel differently.
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terms and conditions regardless, i always find it a slap in the face to be treated like this after a life time delivery excellent (not just IMHO) customer service,
so i feel bad for you
and it is helpful to the rest of us for you to shear your unfortunate experience because we all need remainders on occasion to read the fine print
 
I just wanted to close the loop on this... Visa agreed with me and credited the full amount! I think the biggest thing was that I asked to not cancel and she did anyway. Either way, all's well that ends well and big lesson learned! Check T&Cs!!
 
upgradingmama said:
I just wanted to close the loop on this... Visa agreed with me and credited the full amount! I think the biggest thing was that I asked to not cancel and she did anyway. Either way, all's well that ends well and big lesson learned! Check T&Cs!!
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Thanks for updating us and I’m very glad it worked out for you!
 
I am glad it worked out and think Visa made the right decision.

This is not a seller I would do business with.
 
I was just wondering about this - so glad to see you had a good outcome. It’s a good lesson for all!
 
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