Rolex Nightmare

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Hockey_Mom

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My husband recently purchased a new Rolex for me from an authorized dealer who special ordered and mailed the watch to our home address.

Once receiving the watch, we noticed that it had several handling flaws, with faint scratches on the crystal and bracelet. We immediately sent back the watch for a refund, but the dealer only gave us part of our money back, claiming that he would now have to sell it as a used watch. He credited our credit card, $3600.00 less than what we paid!

We believe we were cheated, since the watch was sold to us as "new" but did not appear to be in "new" condition. We contacted Rolex, who verified it to be a new watch, but said we would have to work with the dealer for a resolution. Can we fight this in small claims court for the remainder of what we are owed? What consumer laws should we cite? Thank you for your prompt assistance.
 
Sorry, was reading it too fast, thought the actual price was $3,600.00 (seemed like a bargain for a Rolex). Rolex is correct about working out the resolution with the dealer, it's not really their issue to handle. Where is the dealer located? You can file small claims as well as report them to the BBB.
 
Yes, that's what we're planning on, starting with the BBB then taking it to small claims in the Los Angeles if necessary. However, if you are familiar with consumer protection laws that would be of great service, as we begin our research on how to proceed. I'll be making it to a law library later this week, but it'd be great to have a little direction before I get there.
 
Filing a case in small claims court doesn't require a lot of discovery or research. You can literally do it online. If you can show documentation of your purchase and return you can argue your case easily, half the time online companies don't show up, you get a judgment, enforce it, done. Most everything in small claims is self explanatory.
 
Getting a judgment is often easier than enforcing one. Getting paid, after obtaining a judgment isn't easy, and it is often pricey!


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This is a so-called reputable Authorized Dealer, not an internet company. Rolex dealers are not permitted to sell online. In essence, this was (should have been) a simple mail order purchase. We phoned it in, and it got mailed out. As for collecting a judgment, hopefully it does not get to that stage, and rather, they settle instead of risking their reputation.

None the less, if someone can offer advice in regards to California consumer law, that would be helpful and appreciated. Our priority is to mount a case with due diligence than assume it's a slam dunk!
 
Hopefully you discovered the scratches and reported them immediately. Any dealy in reporting this may hurt you. You should have taken photos of the watch to document the damage before you sent it back.
The sellers "no return" policy has no weight. If you were given a damaged product you are entitled to a replacement or compensation. This is the nature of the beast with mail or internet sales and the company will have to resolve this in a way that makes you whole... a comparable watch or a refund.
Be prepared and be thorough. Read over all the documentation you can find regarding transactions with the company. Don't ask for more than you are out. Actual damages only.
Court should be a last resort. If you aren't getting anywhere with the people at the store, try sending a demand letter to their agent.
 
Yes, we've documented! Though I do remember reading a dispute that stated digital photos may not be accepted by the court. None the less, we have both digital and film.

I think we're going in the right direction, but it is a process.

Thank you.
 
I think you said that you paid by credit card. Why don't you file a claim with your credit card company?
 
We did file a dispute with our Credit Card company, unfortunately, the dispute has been pending for over one year, with the card company going back an forth between our parties. So, we're mad as hell and we're not going to take it anymore!
 
wow, $13k for an unseen item....me personally would have never done that. anyway....

You received a damaged product...point blank....whether it was "new" when it was shipped or not does not matter....

I hope you win your case. I think you stand a good chance with the evidence that you have. I can't believe this is the way they treated you after you spent 13k with them....Id be pissed to...
 
$13K is a nice vacation, but life is about risk management.

Anyways, I did the 30 day demand letter. On the very last day, I received a check, and a nice little apology note, plus two gift cards to a decent restaurant. Funny how a REALLY squeaky wheel gets the grease and a steak dinner!
 
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