Q: Purchased a preowned Rolex from an established jewelry store. However, I believe it’s not authentic. What are my rights?
They have a no exchange, no return policy. Yet, I’m locked into a payment plan for 3-5 years. What should I do?
A: Well, your next steps would be [1] to review your receipt to see if there are any disclaimers or notices that indicate that the jewelry store was not making any claims to authenticate the watch as genuine ... [2] then to gather evidence to support your case that you had a reasonable belief that the watch was genuine ... [3] consult with an attorney of your choice to discuss how to proceed from this point ...
A:
I'd have it inspected by another jeweler to see if you are right.
I'd go back in to complain about this, with one or more witnesses, if you are right.
I'd politely seek a refund if you are right.
IF this all fails, contact an atty and figure out a way to PROVE you are right, as once it
leaves the store, it's an easy argument for them to say YES, we sold you a real one and
YOU are trying to scam US by claiming otherwise...
A:
If you suspect the Rolex you purchased is not authentic, you have legal options, even if the store has a no exchange or return policy. Selling counterfeit goods can violate California consumer protection laws, including fraud and misrepresentation. Begin by gathering all documentation related to the purchase, such as receipts, the payment plan agreement, and any warranties or certifications provided by the store.
You should reach out to the store and explain your concerns. Request a written statement or documentation verifying the authenticity of the watch. If they refuse or their response raises further doubts, you can escalate the matter by filing a formal complaint with the California Department of Consumer Affairs or the Better Business Bureau. These organizations can mediate disputes and investigate the business practices of the store.
If the situation remains unresolved, you may explore legal recourse. You could bring a claim for breach of contract, fraud, or violation of California’s Unfair Competition Law. Since you’re locked into a payment plan, continuing payments without resolution may harm your financial standing, so addressing this quickly is essential.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.