Legal Help

[Opi]

No I didn't do anything wrong again :doh

I bought an engagement ring from Kay Jewlers a year ago, was told in store by the manager and sales force that THEFT, AND LOSS are covered by the insurance policy, well guess what... Ring was stolen out of my house (no forced entry could have been a friend/family member) and now theyre saiying insurance doesnt cover it.

I need an attorney clearly, what type and can I sue them for pain/suffering/replacement of ring/being sold something under false pretenses?

[Rat]

Opi,

First off, did you get anything in writing from the jeweler about this "insurance" policy?

[access]

I doubt your word against theirs would cover you here Opi. Unless it's in writing as Rat mentioned I would say your out of luck.

Do you have a homeowners policy or the like? It may in fact be covered under that.

[Adam F]

Here is a Copy Of Kay Jewlers under the "Extended Service Plan" The lady lied to you bro.

WHAT IS COVERED: In consideration of payment of the agreement price, we will furnish labor and parts necessary to maintain the merchandise identified on the sales slip in a usable and wearable condition, provided such service is necessitated by merchandise wear during normal usage of the merchandise under the conditions for which it was designed and to the extent that any and all provisions of certain underlying warranties and/or guarantees have been properly met. The term of the Agreement shall commence from the date the Extended Service Plan is purchased and shall continue for the lifetime of the original customer or original receiver of merchandise, in the case of a gift. This Agreement covers those conditions not expressly provided for under our Diamond Guarantee.

This Agreement includes, but is not limited to, the following services subject to the foregoing provisions:
Ring sizing, refinishing and polishing, rhodium plating white gold, earring repair, chain soldering, resetting your diamonds and gemstones.

All Repairs shall be completed by us or by such other repair center of our choice.
WHAT IS NOT COVERED: Watches and the replacement of diamonds or gemstones are not covered under the Extended Service Plan. Nothing herein shall obligate us to repair or replace materials resulting from excessive or abusive treatment of the merchandise other than normal wear and tear. This Agreement does not cover loss, theft of the merchandise or damage resulting from loss, theft, misuse, abuse, or Act of God. Customer must and shall perform all maintenance required by certain underlying warranties to maintain the merchandise in such usable and wearable condition, as provided in said warranties. Damage resulting from failure to comply with recommended services and/or maintenance under such warranties and/or guarantees is not covered by this Agreement. In no event shall we be liable for consequential damages or delay in rendering service under this Agreement, or loss of use during the period that the merchandise is being repaired or otherwise awaiting parts. Parts may be replaced with others of like kind and quality.

NOTE: Unauthorized repairs defined as any modifications, alterations, or repairs by anyone other than Kay Jewelers can void this Agreement. You must provide the care and maintenance mentioned above.
WHAT TO DO IF COVERED MERCHANDISE REQUIRES SERVICE:
To obtain authorized service under the Extended Service Plan, the covered goods must be taken to any Kay Jewelers location. (Purchases may not be returned to kay.com for service.) This requirement applies to all in-store and online purchases.


Sales slip will serve as identification of enrollment as well as identification of merchandise covered.
This Agreement is only for the benefit of the original customer or original receiver of merchandise, in the case of a gift. It is not transferable to anyone else. Service plan is void if merchandise is used as a trade-in toward another item. A new service plan would need to be purchased on the new item.

ENTIRE AGREEMENT: This document sets forth the entire Agreement between parties and no representation, promise or condition not contained herein shall modify these terms.

[martyrobbins]

I had kind of the same happened to me at JcPennys, but seller told me they had lifetime warranty on their items and I bought a necklace for GF and it broke like 2months later and they wouldnt replace and manager said they had/have no such warranty.

Salesmen and Recruiters will tell a person anything

[Opi]

So WTF this is a $3000 engagement ring, how about if i follow the manager after work and get my money back through a couple hits to the knees?

I'm going to lose my mind..

[GGG777]

Sounds like the person who took it needs that action.

[sicky]

I think jewelry may be covered by home owners insurance if you have it. I'm sure you would have to have a police report filed, etc also though. Might be something to look into.

[martyrobbins]

I agree with Sicky. Its a Felony so have it reported ASAP and turn it over to insurance as a forced entry or they may think its a false report

[Mr.X]

there is no such insurance....

if a salesperson told you that, you need it in writing...
if the ring was stolen, you need a police report...

I can tell you that my shit is made of diamonds but it doesn't mean it's true. You need to get things on paper 110% of the time, otherwise you gotta bend over and take it like a man.