Diamond Boutique

Review: Store sold me a diamond and performed a custom setting installation, the diamond later broke into two pieces.Desired Settlement: Replace broken diamond

Business

Response:

Re: Complaint ID #[redacted]Dear Sir/Madam:This letter responds to the review submitted by Mr. [redacted] to the Revdex.com on August 9, 2015, regarding his experience with replacement of a broken diamond through Diamond Boutique.Most importantly, we are truly sorry that Mr. [redacted] had a disappointing experience with Diamond Boutique after a fifteen-year relationship. We strive each and every day to ensure all of our clients have a rewarding experience and we are truly dismayed to hear otherwise.With respect to the situation with Mr. [redacted]’s broken diamond, we would like to first present some background information to help elucidate both parties’ positions.Mr. [redacted] purchased a gentleman’s diamond ring from Diamond Boutique on March 31, 2003 (a copy of the receipt is enclosed), not on August 5, 2014 as Mr. [redacted] claims in his complaint. Upon sale of any item of jewelry, Diamond Boutique informs our clients about jewelry insurance and the importance of obtaining insurance to protect pieces against loss, theft, damage and mysterious disappearance. In addition, we provide clients with a brochure from [redacted] Insurance (a copy of which is enclosed). [redacted] has specialized in insuring jewelry since 1913 and provides comprehensive coverage that homeowners and renters insurance may not cover.Upon purchase of his diamond ring, Mr. [redacted] was also provided with an appraisal of his piece for purposes of insurance replacement, dated April 11, 2003 (a copy of which is enclosed). On the appraisal, it specifically states, “These estimated retail replacement values are provided as a service by Diamond Boutique to assist our clients in meeting the requirements necessary to obtain insurance against damage and loss.”Following the purchase of his ring, Diamond Boutique did not have any communication with Mr. [redacted] regarding his diamond ring, until April 30, 2013, when Mr. [redacted] contacted Diamond Boutique regarding the damage to his diamond. (Mr. [redacted] states in his complaint that the problem first occurred on November 27, 2014, which is untrue given that we have email communication from Mr. [redacted] on April 30, 2013, complaining of the broken diamond. In addition, Mr. [redacted] states that he spoke with Diamond Boutique on November 5, 2014, which is another untruthful assertion is given that he states that the problem first occurred on November 27, 2014. The only communication Diamond Boutique had with Mr. [redacted] is documented in the April 30, 2013, email whereupon Mr. [redacted] reported the broken diamond and the oral conversation thereafter whereupon Diamond Boutique declined to replace the diamond.) At that time, Mr. [redacted] was informed that Diamond Boutique does not warrant diamonds against chipping, scratching or breaking and, unfortunately, we could not provide a replacement. Thereafter, we did not hear from Mr. [redacted] directly and it was not until we received this complaint lodged with the Revdex.com that we indirectly heard from Mr. [redacted].In Mr. [redacted]’s complaint, he states that he is dismayed that Diamond Boutique does not provide a warranty. While we can understand Mr. [redacted]’s frustration that Diamond Boutique does not provide a warranty against such diamond breakage, the policies that a business institutes and provides is a business’s prerogative and there is no state or federal law that requires jewelers to provide such warranties. In addition, jewelers who do provide a warranty for replacement of diamonds do so based on many conditions, to which a search of jewelry policies on the Internet can attest.For example, the standard jewelry warranty provides that should a client’s diamond chip, crack or break from its original setting, a jeweler may replace the diamond at their discretion given certain conditions are met, such as: the ring is in good condition; documented inspections are required, i.e., the client must have brought the ring in for inspection at least once every six to twelve months per year; and all necessary repairs and servicing must have been performed by the original jeweler and any handling performed by any jeweler other than the original jeweler voids the warranty.By way of example, [redacted], a well-known jewelry retailer, has a warranty that provides: At [redacted], we are proud to offer our clients Protection Against Loss: if your original diamond (0.18 carat to 2.10 carat) chips, cracks or separates from its original [redacted] ring mounting, and your ring is in good condition in the opinion of [redacted] and you have brought in your ring for inspection every calendar year to quality for this benefit, [redacted] will replace your lost diamo2nd free of charge once during the life of your [redacted] ring. Again, this benefit applies on the condition that you have brought your ring in to any [redacted] location for inspection by a [redacted] representative every calendar year to qualify. All repairs recommended as a result of these inspections must be completed by our [redacted] Studio to maintain this benefit. Special order diamonds aIC excluded from this replacement benefit. ([redacted])One is hard-pressed to find a policy by any jeweler that provides a lifetime replacement of diamonds absent any one of the above set forth conditions. Therefore, diamond replacement policies are not absolute and unrestricted but are contingent and are qualified with certain provisos. During the ten years from when Mr. [redacted] purchased his diamond and when he notified Diamond Boutique of the breakage, he had not returned to Diamond Boutique for any cleaning, inspections or repairs. Moreover, we have no knowledge whether Mr. [redacted]’s ring has been repaired, cleaned, serviced or handled in any way by any jeweler other than Diamond Boutique.Mr. [redacted]’s complaint further states that, “Buyer beware, diamond [sic] aren’t forever at the Diamond Boutique in Del Mar, CA.” One of the greatest misconceptions about diamonds is the belief that “Diamonds are Forever” has a literal connotation. Many believe that diamonds are the hardest substance known to man and, therefore, are indestructible and cannot chip or break. The industry is replete with information regarding the fact that diamonds are not indestructible, that they are susceptible to chipping, cracking and breakage.A very instructive and informative article entitled Diamond TLC: Diamonds are not Indestructible is written by [redacted].([redacted]) To provide a full understanding of the fact that diamonds are indeed capable of breakage, we have presented this article in its entirety: Diamonds are the hardest substance known to man. They are also uniquely resistant to heat and scratching. Yet a surprising fact to some is that diamonds are not indestructible. Diamonds can chip or crack, if subjected to a sharp blow or knock. Diamonds are even more prone to chip/cracks at the girdle. Every major jeweler speaks about diamonds chipping or cracking, as it unfortunately does occur. It is distressing to chip or crack your diamond, so always do your due diligence by not wearing your diamond(s) when performing active work or play. It is always recommended to have your precious gems insured. After all, this is exactly what insurance is for! Most homeowners and tenants insurance have riders that cover jewelry. They will replace the diamond and/or have the original diamond recut. Again, we highly recommend that you contact your insurance company to protect your diamond(s). AS QUOTED BY THE [redacted] ([redacted]): “Toughness: Any stone, including a diamond, will break if it’s hit hard enough in the right place. Toughness is a measure of how well a gem can survive an impact and resist breaking, chipping, or cracking. A cutter can cleave a diamond by hitting it sharply in the cleavage direction. But even after cutting, a hard blow can still cleave a diamond. This can happen during the setting process, or even when it’s being worn.” AS QUOTED FROM A DIAMOND CUTTER ON [redacted]: "Resistance to breaking and resistance to scratching are two different things. Wood, for example, is generally very soft and easy to scratch but pretty strong when it comes to breakage. Pine is easy to scratch with your fingernail but buildings made from it can last a lifetime and beyond. Glass is at the other extreme. Under normal circumstances it doesn’t scratch all that easily but it can be terribly fragile. Diamonds fall in between. Although they are nearly impossible to scratch under normal wear, they can chip with just the right impact.” Most people are naturally concerned with what they can do to minimize their risks, even when they’re insured or under warranty. To some extent, it helps to be just plain lucky but chips generally happen when the edge of the stone is knocked against something hard. Granite countertops, porcelain sinks and other jewelry items with diamonds in them are the most common culprits. When you’re wearing your jewelry be careful about these surfaces and, when you’re not wearing a piece, put it in a soft bag or compartment in your jewelry box to prevent knocking things against one another. Be careful about putting it in your pocket or purse where it can knock against other things. Have it checked periodically by a professional." AS QUOTED BY THE [redacted] ([redacted]): “There is no such thing as perfect toughness. Any gem will break if it’s hit hard enough. Diamonds are very tough, but remember that a diamond cutter can cleave (crack) a diamond by giving it a sharp blow in the right direction. The same thing can happen if a diamond accidentally receives a severe knock or drops onto a hard surface. Less severe damage, in the form of chipping, can also occur.” [Emphasis added.]As this article explicitly states, diamonds do break and it is not such a rare or unusual phenomenon. It is simply common sense that diamonds do in fact break. A rough, natural, raw diamond is irregular shaped and asymmetrical. In order to render a rough diamond marketable, it must be cut. The image below illustrates a raw diamond on the left and a cut, round brilliant diamond on the right, which is ready for consumers to purchase. If a diamond were not capable of being cut or breaking, a diamond cutter would not be able to produce such beautiful shapes as a round, princess, oval, asscher, emerald, heart, cushion, radiant, marquise, pear, baguette, trillion or multitude of other shapes that consumers love.Mr. [redacted] states in his complaint, “Buyer beware, Diamonds] aren’t forever at the Diamond Boutique in Del Mar, CA.” This statement has been disingenuously used out of context. According to the [redacted] ([redacted]), “A Diamond is Forever’ is one of the world’s best-known advertising slogans. It has many different meanings. It refers to diamond’s timeless appeal. It refers to diamond’s icy beauty.” ([redacted]) This slogan has a metaphorical meaning, and can have a literal meaning if a diamond is taken care of in the appropriate manner.The slogan also “refers to diamond’s durability. One result of the diamond formation process is its incredible durability.” ([redacted]) Again, per the [redacted]: Durability is a gemstone’s ability to withstand wear, heat, and chemicals. Durability consists of three properties: hardness, toughness, and stability. Hardness means how well a gemstone resists scratches and abrasion. Toughness describes how well a gemstone resists breaking and chipping. Stability means how well a diamond resists chemicals and temperature changes. Any stone, including a diamond, will break if it’s hit hard enough in the right place. Toughness is a measure of how well a gem can survive an impact and resist breaking, chipping, or cracking. [Emphasis added.]The [redacted] further states the importance of wearing a diamond with care: But even a diamond isn't indestructible. It can be chipped by a sharp blow or become loose in its setting and fall out. A diamond should be worn with care. ([redacted])Source after source after source debunks the myth that diamonds are literally forever. Diamonds do not have a shelf life. If you kept a diamond for a hundred years, it would still have the same brilliance and sparkle as it had when you bought it. While they may be the hardest stones on Earth, diamonds are still prone to cracking, chipping and other kinds of physical damage.... Apart from the diamond, the setting also requires routine maintenance due to wear and tear. (http:// beyond4cs.com/care-and- maintenance/) [Emphasis added.]Therefore, that very popular adage that a “Diamond is Forever” has a literal connotation only insofar as the consumer takes the necessary care to ensure its proper care and maintenance, including the setting that houses and should protect the diamond.When Mr. [redacted] purchased the diamond in 2003, the diamond was free of any chips, scratches or breakage. Over the course of ten years, Mr. [redacted] used his ring, as he should, and it was, therefore, subjected to the expected wear and tear. During this time, Mr. [redacted] did not visit Diamond Boutique for any inspections, repairs or servicing. In April 2013, Mr. [redacted] contacted Diamond Boutique stating that his diamond had broken. He emailed a picture of his ring that evidenced the chip (a copy of which is enclosed). At that time, Diamond Boutique informed Mr. [redacted] that we would not replace his broken diamond. Given the ten years of problem-free use without any repairs or servicing (to the best of our knowledge), this is also not a situation of a manufacturing defect.Mr. [redacted]’s diamond is set in a semi-bezel setting. Bezel settings are one of the most secure and safest ways in which to set a diamond. The main advantage of the bezel setting is that it is very protective of the gemstone, and this is particularly important with some stones that have become popular due to their lesser hardness.... Bezel settings help to protect these softer stones, particularly if they are set in rings. ([redacted]) One of the best things about a bezel setting is that it is very secure and holds the stone tight, not allowing it to loosen or fall off. The metal band (the bezel) covers the especially vulnerable edge of the gemstone, protecting it from damage. Unlike prong settings, bezel settings don’t have parts that can snag your clothes or other objects. ([redacted])Diamond Boutique’s gemologist has reviewed the picture of Mr. [redacted]’s ring and it is apparent that the broken diamond is caused by a sharp blow or knock or the ring was dropped at just the right angle. After wearing and using this ring for ten years, this diamond did not just chip or break on its own. Based on the photo provided by Mr. [redacted], there is evidence that shows an indentation and/or an impact to the gold at the breakage point of the diamond that is inconsistent with normal wear and tear, indicating a severe impact. The bezel may have been worn down through years of wear and tear and was in need of repair, which is precisely the reason why jewelers advise consumers to have their pieces checked by a jeweler every six to twelve months and, absent such an inspection, any warranty is void. Gold wears down through years of use and, at some point, may require a rebuilding of the metal that holds the stones in place to ensure their security and ability to protect the diamond within the setting.Upon purchasing his ring, Diamond Boutique explained the importance of jewelry insurance to Mr. [redacted] and provided him with a brochure from [redacted]. Diamond Boutique also provided Mr. [redacted] with an appraisal for purposes of insurance replacement. At that point, the impetus is on the consumer to protect his valuable investment. INSURE YOUR RING They're two of your most prized possessions, so you should keep your engagement ring and wedding band as shiny and sparkly as possible. Here is everything you need to do to keep your engagement and wedding rings safe and in good condition so you all can live happily ever after. Considering your engagement ring's sentimental -- and monetary -- value, you'll want to make sure it lasts a lifetime (if not several). First, insure the ring: Add a jewelry rider to your homeowner's or renter's insurance, or take out a separate policy with a specialty insurer like [redacted]. Familiarize yourself with the fine print; some policies will cover theft but not “mysterious disappearance,” and others may not reimburse repair costs, says [redacted], director of personal lines marketing at [redacted]. [redacted]) [Emphasis added.] Upon purchasing an automobile, a driver immediately obtains insurance and cannot return to the retailer ten years thereafter to assert damage to his vehicle. The same is true for home insurance and many other types of insurance that protect a person’s valuable belongings and investments. At some point, a consumer must take responsibility for the valuable items they purchase, especially when all the information and resources they need have been provided to them and are at their disposal at the point of purchase. The retailer cannot afford to be the insurance company as well for consumers, which is precisely why insurance companies exist.Diamond Boutique is proud to be a member of the American Gem Society (AGS), the country's preeminent and most respected jewelry trade organization dedicated to consumer protection. Entrance into this premier organization is limited to only the top 5% of jewelry retailers, designers, appraisers and suppliers in North America, including Canada and Mexico. The AGS’s mission statement provides: The American Gem Society is a non-profit trade association of fine jewelry professionals dedicated to setting, maintaining and promoting the highest standards of ethical conduct and professional behavior through education,