We have had a friendship for years and have no "formal" agreement
of any kind...My mistake, I know. Never mix business with
I dunno, I prefer to work with friends and have done so very
profitably for many years. Some of my best business has been with
some of the best friends I have ever known, and has been totally
devoid of any formal agreements. When there have been problems, we
talked about it and worked them out. That’s what friends do. I’ll go
so far as to say I don’t do business with people that aren’t friends.
But I’m of the Will Rogers school of thought, I consider everyone to
be a friend until they prove me wrong.
From a retailer’s perspective, they held your money for one month to
ensure the customer was pleased, and after that the sale should be
considered final. If they couldn’t afford to give a refund, they
shouldn’t have given one, and they certainly should not expect you to
without checking with you first. No diamond dealer would give a
refund two months after the sale, nor would any other wholesaler. If
they insist that you pay to cover for their generosity, their
insolvency or at worst, their bad judgment, you have found out what
kind of “friends” they really are.
And don’t for a second think such a “friend” would be deterred from
asking you to pony up if you had a contract. Such folks don’t let a
little piece of paper get in their way. A friend wouldn’t do a friend
that way, contract or not, no good business person would either.
That’s why I don’t do business with people that have shown they
aren’t friends, and it’s also why I don’t do contracts. Unless you
are willing to go to court, contracts are pretty much worthless;
people that don’t respect you or your jewelry aren’t going to respect
a contract either, and if you do find yourself in a courtroom, a
friend will be your witness, not your adversary.
Just another of the 1001 reasons why selling wholesale beats selling
For an old friendship’s sake or if it has been a profitable
relationship that’s worth giving in a bit, maybe a compromise could
be worked out that would work for both of you, but the bottom line is
this - after the thirty day holding period (which is quite generous
on your part by the way, and certainly is the act of a friend) it is
the retailer’s problem, not yours. If they made the decision to give
a refund to their customer after their thirty day return policy had
expired, and did so without your input, they need to live with that
decision, without your output.
In your original post, you indirectly indicated that you don’t know
if you are going to be asked to refund your payment. Don’t borrow
trouble. It may be that the retailer ate it already and has no
intention of dragging you into their generous return policy and
maybe they just want to talk about it and get your input about their
policies going forward. Or maybe they want your input whether they
should get a margarita machine or just have beer and wine at the
summer party. In any case, don’t go looking for or expecting a
fight, you might just find one and lose a friend in the process.
Incidently I’ve faced this very scenario many times, and never once
even thought of asking the consignor to refund my purchase. Once I
write the check, it’s my baby.