Sorry to hear that Micheal Hill Jewellers is giving you the run around in relation to the defective diamond ring.
Yes you do have a number of potential recourses.
- ACL Implied Warranty
Assuming that the diamond fell out because of a fault with the ring and not damaged caused by the wearer, under the Australian Consumer Law (ACL) there is an implied warranty above and beyond and warranty offered by the manufacturer retailer.
One needs to ask how long a reasonable person would expect a diamond ring to be fault free. If it was a expensive diamond ring with a real diamond (not a man made one), then one would expect that the ring should be fault free for many years. Depending on the purchase price and what information was provided at the time of sale (such as a high quality ring), this could be say 10 years. Any defect then should be resolved under the ACL.
- Disclosure of special conditions
It appears from your post that they did not disclose this key and critical information about the special condition at the time they sold you the ‘lifetime warranty’. If this is the case, it could be seen as misleading or deceptive conduct or unfair contract terms.conditions under the ACL.
Such information should have been disclosed at the time of the sale of the ‘lifetime warranty’ rather than hidden in some fine print. A retailer can’t expect a customer to read the agreement/fine print at the point of sale and any key information which affects the sold service should have been disclosed.
I also assume that the return of the ring to the store would have possibly incurred a fee for say cleaning and inspection. If one had known the conditions, one would not have purchased the extended warranty.
What to Do:
Make sure that you lodge a formal complaint with Michael Hill advising the above information. Also indicate that since you were mislead in relation to the’lifetime warranty’ on its sale by their retailing staff, request that the cost of the ‘lifetime warranty’ be reimbursed (particularly since it has not value to you and that the special conditions were not disclosed).
The ACCC has information on how to draft a letter of complaint…
Also record any interactions with them (particularly verbal ones). When I mean record, after the discussion write notes summarising what was discussed in the contact.
In the letter also make a comment that you plan to take the matter further should they not resolve it to your satisfaction.
If you a Choice Member, it may also be worth approaching Choice Help to also see if they can be of assistance:
Most bought extended warranties have limited value. While it may help your previous decision, Choice has covered these in the past:
Good luck and you do have a right to challenge the information provided to you from Micheal Hill Jewellers. Also let us know how you get on.