Is this legal

Colbefc

hi

a couple of years ago I took a gold bracelet to a local jewellers to get it
repaired

due to illness I forgot about it until last week when I found the receipt

I rang the jewellers up and they said they only keep things for 3 months
and then they scrap them?? they said this is stated on the receipt

I cant see how this can be legal, they can scrap things and keep the money, and
3 months sounds a very short space of time, it was a bracelet so it is hardly going
to take a lot of storing, This seems to me to be theft. They had my address so it would have taken them a minute to phone me, even if they charged me for the call?

it was a gold bracelet so had some value but it had been given to my mother by my late father so had great sentimental value

anyhow please take this as a warning to be careful if you leave things in jewellers that they dont have the same rules


take care;)

Colbefc

ElkyElky

This situation is unfortunate however it was your responsibility to ensure you picked up the item after it was repaired.

As the condition was stated on the receipt, I believe the jewellers hasn't done anything wrong. They can't be expected to hold items for any longer than necessary while you decide to pick it up or not.

As you left it a number of years, the jewellers probably assumed you no longer wanted it.

Dave101t

yup, sure is.

hartcjhart

your bracelet and perhaps hundreds of other bracelets? they cannot be expected to store them for ever

Tozer

Yes they can (probably) dispose of it but the proceeds of the sale would be yours.

What sort of value is it?

bingo_bango

ElkyElky wrote: »

This situation is unfortunate however it was your responsibility to ensure you picked up the item after it was repaired.

As the condition was stated on the receipt, I believe the jewellers hasn't done anything wrong. They can't be expected to hold items for any longer than necessary while you decide to pick it up or not.

As you left it a number of years, the jewellers probably assumed you no longer wanted it.

Dave101t wrote:

yup, sure is.

And how exactly would you say that this is a term of the contract?

Olley v Marlborough Court Ltd 1949 (later backed up by Thornton v Shoe Lane Parking Ltd 1971) is one of the leading cases in English law on terms NOT being incorporated into the contract from a receipt (or more correctly, from information given to the consumer after formation of the contract). If the OP had no knowledge of this term prior to entering the contract, then the term does not form part of the antecedent negotiations, and they cannot therefore be held to that term. By placing such a term on the receipt, the store has not allowed the OP to be aware of all of the terms of the contract until it is too late.

It is fine to have returns information (that exceeds any statutory rights) on the receipt as this info is generally in the consumer's favour, but to have detrimental terms is a no-no.

If the term is on a receipt, then it cannot have been incorporated into the contract, and therefore has no standing in law. Although this will not help OP to get the bracelet back now, it does perhaps open the way for a damages claim.

Anihilator

The OP doesnt have a chance here. Its not illegal at all.

If the OP tried anything no doubt he would be countered with a £5 per day storage charge.

It cant have been that sentimental if he forgot about it for 2 years!

superscaper

Anihilator wrote: »

The OP doesnt have a chance here. Its not illegal at all.

If the OP tried anything no doubt he would be countered with a £5 per day storage charge.

It cant have been that sentimental if he forgot about it for 2 years!

Depends on whether the Jeweller's had the OP's details. If not then you're right, but if they did they'd actually be under obligation to reasonable attempt to contact the OP both before selling and to inform of possible storage fees.

smcaul

Anihilator wrote: »

The OP doesnt have a chance here. Its not illegal at all.

If the OP tried anything no doubt he would be countered with a £5 per day storage charge.

It cant have been that sentimental if he forgot about it for 2 years!

I do look forward to reading your posts, what wonderful works of complete fiction they are.

But just out of interest, do your replies just come naturally, or do you actually go away and research your replies, just make sure that you are offering complete utter nonsense? because if it is the former, then there is the real possibility that one of these days, completely by accident, you might actually be giving advice that is correct!!!

Mankysteve

Its looks like its a bit of grey area go see a professional solicitor they'll be able to tell you whether you've got a case or not.

Sagz_2

smcaul wrote: »

I do look forward to reading your posts, what wonderful works of complete fiction they are.

But just out of interest, do your replies just come naturally, or do you actually go away and research your replies, just make sure that you are offering complete utter nonsense? because if it is the former, then there is the real possibility that one of these days, completely by accident, you might actually be giving advice that is correct!!!

:rotfl::rotfl::rotfl::rotfl::rotfl: