Bought a strand string of pearls for Newyear's eve on Newyear's eve from an upscale remarketing shop in Vancouver.

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Customer: Bought a long strand string of pearls for Newyear's eve on Newyear's eve from an upscale remarketing shop in Vancouver. String broke as she put it on. My wife feels it is too delicate and this will happen almost anytime she puts it on. It was returned the next day. My wife and I feel it is not fit for 'purpose' and at best would like a refund and at least a credit for something else. The goods were returned within 24 hrs but all the store is prepared to do is reconnect the strand. What are our consumer rights?
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Thanks, Adrian
JA: Have you contacted the seller or manufacturer?
Customer: Gosh that was quick. It was purchased at 4.45pm on this New Year's eve, tried on by my wife that nigh.It broke and was returned the first working day thereafter. It was bought from an upscale jeweller that specialises in remarketing high end estate jewellery. We have contacted the store, they have spoken with their head office and the answer is there is nothing to be done other than repair the break. This is not an acceptable answer for reasons of concern about further breakage as explained. The necklace cost $4,700 so I think there is a reasonable expectation it is in good, usable condition. Thanks
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Am interested in my rights under the consumer protection law in Vancouver
Answered by Debra in 19 mins 2 years ago
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Debra
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Debra
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Debra
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Jessica

Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

There is no possibility that a necklace for this cost should break ever let alone the first time it is put on.

You clearly didn't get what you paid for.

What you can do is send them a letter by Registered Mail. In the letter set out the facts and demand that they refund you by a deadline that you set.

Tell them if they fail to comply you will commence legal proceedings and then will be seeking interest and your costs.

You can then sue them in Small Claims Court and self-represent. If it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
I agree with your practical assessment but under what specific consumer protection law can applicable to Vancouver can I write the letter. Can you quote me the specific consumer protection law that I candescribe in my letter to them. Telling them the pearl/platinum necklace should have performed better for $4,700 seems entirely justified but could you quote me the specific law that says I'm entitled to a refund.
Thanks
Customer
Can you just give me the applicable law section or paragraph
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Debra, Expert

It's not about a specific law. It's about basic contract law.

You didn't get what you paid for. You are entitled to get what you paid for.

The law isn't that simple. Most of our law comes from the common law which is judge made law or case law. It's not about a specific Act.

Customer
Isn't there a consumer protection act that covers defective return of goods within so many days??
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Debra, Expert

No that is not correct.

There are some provisions for cooling off periods but not for this situation.

You can always return defective goods and that is why you will sue if they don't take it back.

Customer
Debra, am just thinking as I really don't want to go to small claims court a) if the decision isn't 99% certain and b) I assume it would be in Vancouver where I bought the necklace and I live in Victoria (inconvenience, cost and stress). I know these are not legal considerations but I'm weighing them before deciding what to do. Furthermore the store is saying they have had the necklace fixed by a jeweller and it is now 'guaranteed' (nothing in writing) to be fine.also their computer system has already paid the consignor and they are unable to reverse it now. I don't know id these complications are a real defence but I'm feeling that the company will resist aggressively. The problem is my wife refuses to take the risk of wearing it again so I'm motivated not to let the matter drop but......!
Thanks,
Adrian
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Debra, Expert

I don't know what you should do.

One idea is to take the necklace and list it on your insurance policy so if it breaks and is lost you will get the full amount recovered.

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Debra, Expert

Is there anything more I can help you with at this point in time?

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