Are these real nishimoto pearls?.

[pearlescence]

Thanks for those links kelluvpearls. My suspicion is that there is no cause of action for the pearls as they are Nishimoto pearls and any case would turn on the definition of 'Gold' and what exactly the chain is. It reads gushy amateur but could also easily be well crafted dubious professional
Or track down the other bidder and see if the bids are 'bounced off the wall' ie fake.
It isn't a clear cut action with success guaranteed

 

[kelluvpearls]

The application fee going through the Disputes Tribunal is only $45, maybe it's worth trying?

 

[pearlescence]

Yes. could be...and of course there is always the bet that the D won't enter defence or turn up to a hearing and you can have fun sending in bailiffs or sheriffs (or whatever your enforcement peeps are called down there)to collect goods to sell to cover the judgement.

 

[Pearl Dreams]

For $555 I would certainly try.

It does not have to be advertised as carat gold specifically. Every country has minimum requirements for what can be sold as "gold". Here in the USA it's 10K; an alloy containing fewer than 10 parts in 24 of gold can't be sold as "gold".

I do not know the requirements for NZ. I see 9K gold being sold in Australia. Whatever it is, though, I would think anything sold as "gold" would have to have a carat stamp.

 

[jshepherd]

I don't believe there is going to be much recourse here. The seller listed this as a $1 no reserve auction. The seller wasn't expecting to sell them for $555. Two bidders bid the price up to that. Who knows why the other bidder wanted the set so bad. Did they know they were fake pearls or did they think they were genuine as well?

 

[lisa c]

But isn't this the awful part? She called them Pearls (not beads or composites or manufactured)) and Gold (not fill-in-the-imitation-term). It's maddening. May I sell CZ as a diamond on TradeMe?

 

[pearlescence]

She called them genuine nishimoto pearls...so they are genuine fakes. And we've not heard back on what the metal is. There is a difference between misleading and fraudulent. It's harsh but to some extent the OP is the author of her own misfortune in not doing some checking on what nishimoto is for eg, or asking what the metal is (no carat specified which might trigger a query) It's a very expensive lesson and a great shame. I don't know how consumer law works in NZ so any court action would turn on how they view 'gold' in the listing there.

 

[Sanippy]

Is Nishimoto a well known imitation pearl brand? I did a quick Google search and not much came up - no company website etc in fact the top hit was this thread! The reason I ask is because arguably the listing was misleading given that the seller did not specify that the pearls were fake AND Nishimoto doesn't appear to be a well known imitation brand. Contrast this to say a listing for Swarovski sapphires for example. Most people would know that the 'sapphires' are crystal.

 

[pearlescence]

That's a fair enough practical comment but probably would not work in a court. What the seller said was accurate. The pearls were genuine fakes (!) lots of people refer to swarovski or majorcan pearls as pearls even if it makes you and me cringe.

 

[cmd2014]

That's sad. I feel bad for OP, as that was a lot of money and I wouldn't have known from the posting that the pearls were faux (they are described as pearls with superb lustre, on gold).

 

[kelluvpearls]

What if the metal wasn't even gold?

 

[pattye]

Suziqt, I just read this whole thread, wow, so very sorry this happened to you, and I hope you are able to get all, or most of your money back.

 

[JerseyPearl]

This is terrible. An unfortunate lesson that buyer beware.