Are these real nishimoto pearls?.

S

Suziqt

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Apr 17, 2015
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I purchased these online in an auction here in New Zealand, paid 555 nz dollars for them,,and received them today, the trader told me they were genuine nishimoto pearls, but to me they are fake, she won't eefund my money so now I have to take her to court, any advice would be very much appreciated, thanks, in advance. image.jpgimage.jpgimage.jpg
 
The first question would be "what are nishimoto pearls?" Nishimoto is not a type or a brand. It doesn't mean anything significant related to pearls.
 
Suziqt said:
I purchased these online in an auction here in New Zealand, paid 555 nz dollars for them,,and received them today, the trader told me they were genuine nishimoto pearls, but to me they are fake, she won't refund my money so now I have to take her to court, any advice would be very much appreciated, thanks, in advance.
Click to expand...

jshepherd said:
The first question would be "what are nishimoto pearls?" Nishimoto is not a type or a brand. It doesn't mean anything significant related to pearls.
Click to expand...

Nishimoto is a brand, but not genuine pearls. They manufacture a line of shell based, faux pearl jewelery. These are likely a genuine product of Nishimoto, but coated shell beads cannot be considered pearls without including the term "artificial" in the description, otherwise the product may be misleading or deceptive.

At the very least, the trader should have accepted a return based on mistaken expectations, good will and restocking fees. Customer satisfaction very important to most retailers, irrespective of some factors.

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Sorry that happened to you, Suzyqt. There seems to be a lot of pearl cheating. If you check here next time or just stick around you'll learn the names of some highly trusted sellers. (I'm not one or affiliated with any of them, by the way).

I looked it up and that is about $425 US dollars. Quite a lot for what you received, I'd say!

Did you confuse "Nishimoto" with the famous pearl brand, "Mikimoto?"
 
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Making a lot of noise might work and it's easier than messing with court. Just a thought. Even if the seller can get by with that deal technically, I think it is ridiculously unfair. Good luck.
 
The listing doesn't state that they are genuine pearls, only that they are Nishimoto (which they are.) Imitation pearls should always be specifically identified as such, although it's possible the seller didn't know that they are imitiations. This is not an excuse, however, and may be the basis of a claim.

The listing says they are strung on a gold chain-- if that is not genuine gold (look for a carat mark), you may also have a basis of filing a claim.

The seller's listing does not specify whether returns are allowed or not. Does Trade Me have any rules about returns being allowed if something is not as described?

If you paid by credit card, you may be able to file a claim with them (rather than going to court.)

Listing: http://www.trademe.co.nz/jewellery-watches/necklaces-pendants/pearl/auction-867430925.htm
 
Looks like NZ ebay, I don't see Paypal as a payment option. How much was the retail price for this set?
Katbran I can't find that sentence in the listing, was it removed?
 
Wow. That's really Ignorant and Ugly of the seller.
 
Hi, thanks for all of your advice. The trader will not refund my money. She is saying they are nishimoto pearls. These ones feel very light and cheap looking. She had them on at 1 dollar reserve but because I really thought these to be high quality, I bid against some other trader. The seller said she has an invoice for them but is refusing to give it to me. I feel court is the next step here. I will know next time.
 
I paid by direct bank payment into her account, I was going to pay by credit card but she wanted the money quicker.
 
I do think your best bet may be to challenge it on the basis of the chain not being gold as advertised (assuming it's not carat gold.)

There is a big difference between gold and gold plated (or gold tone.) For $555 I would expect carat gold.

Also you should grab a screen shot of the auction page, save the URL, and even print it out. The listing may be gone when you need it to prove your case.
 
Well they are not even real pearls! Yes try the small claims court. In my opinion they deserve a negative feedback not neutral feedback.
 
Pearl dreams has made excellent suggestions. Its worth going after this person..the whole thing is misleading ..and she is being a jerk about it. If you can take it to some sort of small claims court ..the threat of inconvenience might be enough to get a refund.

Next time use Paypal , never bank transfer on anything like this in the future. Best of luck
 
Think carefully before you go to court. Did she claim that they were real cultured pearls or that they were real nishimoto? if the latter, well, that is a brand of fake pearls and they were indeed that, apparently.
Again, did she claim carat gold?
Combined with the terms and conditions as stated in her listing..being disappointed does not ensure victory in court. Before you pay court fees I recommend you speak to the NZ equivalent of trading standards (local council consumer law people) or the citizen's advice bureau.
She started the auction very low and you and someone else took the price up beyond what is reasonable for fake pearls. That's in her favour in court as well. Harsh but realistic.
 
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