Faulty Jewellry- please advise on my rights

nffc1979

Hi There,

In January I spent £70 on a ring. I wear it a max of once a week which I would class as occasional. Unfortunately last weekend the stone, without provocation, dropped out. It fell on to the ground where it sustained a chip to its surface. I imagine that the stone was not securely attached from the date of manufacture, causing the stone to loosen with use and fall out.

To me this is unacceptable only 6 months after purchase.

The supplier has said:
As we do not hold any more rings in stock a replacement is impossible.
We also cannot offer a repair service here at our premises.
A full refund is also not possible as the ring did in my view 'conform to contract' and it is very difficult to gauge 'occasional wear' to be honest.
With reference to this fact and taking in the amount of time you enjoyed the product without fault (after 6 months), I therefore think it's only fair to offer a partial refund.

They have not said what a partial refund is, but have asked that I return the ring & stone for inspection & they will provide a partial refund after inspecting it...

What are you thoughts?
Thanks
Becky

4743hudsonj

nffc1979 wrote: »

Hi There,

In January I spent £70 on a ring. I wear it a max of once a week which I would class as occasional. Unfortunately last weekend the stone, without provocation, dropped out. It fell on to the ground where it sustained a chip to its surface. I imagine that the stone was not securely attached from the date of manufacture, causing the stone to loosen with use and fall out.

To me this is unacceptable only 6 months after purchase.

The supplier has said:
As we do not hold any more rings in stock a replacement is impossible.
We also cannot offer a repair service here at our premises.
A full refund is also not possible as the ring did in my view 'conform to contract' and it is very difficult to gauge 'occasional wear' to be honest.
With reference to this fact and taking in the amount of time you enjoyed the product without fault (after 6 months), I therefore think it's only fair to offer a partial refund.

They have not said what a partial refund is, but have asked that I return the ring & stone for inspection & they will provide a partial refund after inspecting it...

What are you thoughts?
Thanks
Becky

was there no warrenty with it?

either way you are protected by the sale of goods acct

probvlem is they can indeed give you a partial refund

lets say a ring would be deemed to last for 2 years
and it cost £100

it then broke at 1 year

you would only get half your money back as youve had half the expected use

now the good thing for you is that i think anyone would expect a £70 ring worn once a week wold be expected to last much longer than 6 months

one other question; is it under or over 6 months old? Very important!

anyways yes because it would be expected to last much longer

any partial refund should be over 50% IMHO

probably looking between 60-70%

maybe more

now ofcourse they will try and give you much less so you will probably have to fight

one last question, did you buy it on credit card?

nffc1979

was there no warrenty with it? I don't believe so stylishlife.co.uk

one other question; is it under or over 6 months old? The ring was ordered Friday 09 January and delivery took 3 days, which brings us to Tues 13th (exc Sun). The stone dropped out on the afternoon of the 13th June....

So do you think I'm looking at a best case 70% refund?
Thanks
Becky

4743hudsonj

nffc1979 wrote: »

was there no warrenty with it? I don't believe so stylishlife.co.uk

one other question; is it under or over 6 months old? The ring was ordered Friday 09 January and delivery took 3 days, which brings us to Tues 13th (exc Sun). The stone dropped out on the afternoon of the 13th June....

So do you think I'm looking at a best case 70% refund?
Thanks
Becky

well in this case it would be over 6 months as its classed from purchase

which is unfortunate for you as you would have to prove any inherent fault if they challeneged you

luckily it seems theyre playing nicely....for now

any to be honest, thats what id be looking for

you could get more but it would involve a lot of struggle and the expense of getting another party to look at it which will cost you more than you would save

so like i said, anything under 50% is just unfair

anything over is still not fair but its the best you can make of a bad situation

it would be entirely different for a really expensive ring really so its just bad luck

sorry!

maggie111

I would speak to someone who can fix the casing, get the cost and then agree if the partial refund is the same amount. If not I would get an invoice for the fix and agree only to that amount.

A bit difficult because the stone sustained damage, but surely to get a chip from falling to the floor that would happen if you knocked your hand against something?

Out of interest what's the stone?

nffc1979

Hi There- the stone is blue sandstone- it's pretty touch and hasn't any other scratches or chips from the 6 months.

NotQuiteNorbert

That's only five whole months though, or am I confusing myself horribly? I don't think the six months is up until July.

Month 1. Jan 9th - Feb 9th
Month 2. Feb 9th - Mar 9th
Month 3. Mar 9th - Apr 9th
Month 4. Apr 9th - May 9th
Month 5. May 9th - Jun 9th

Then the 6th month would be from June 9th until July 9th, going by the date of purchase.

nffc1979

You make a very good point!! Thanks very much- that should help.

NotQuiteNorbert

No problem, thought I was going crackers for a moment there! I'm not sure what the difference is if it's under or over the six months as I was just passing through, but hopefully hudson or someone else will be able to help further.

Ivory_Tinkler

NotQuiteNorbert wrote: »

No problem, thought I was going crackers for a moment there! I'm not sure what the difference is if it's under or over the six months as I was just passing through, but hopefully hudson or someone else will be able to help further.

Under 6 months and it is up to the retailer to prove that there wasn't a fault, over 6 months and it is up to the purchaser to prove that there was an inherent fault (or something like that anyway)

NotQuiteNorbert

Ivory_Tinkler wrote: »

Under 6 months and it is up to the retailer to prove that there wasn't a fault, over 6 months and it is up to the purchaser to prove that there was an inherent fault (or something like that anyway)

Excellent, thanks for that.