Ernest Jones ignoring Sale of Goods Act?

jmmewjj

I bought a white gold bangle from Ernest Jones in September this year for my partners birthday. She's worn it approximately a dozen times before noticing a large dent in it.
Mid December we took it back to Ernest Jones in Warrington but the manager was really rude and dismissive and straight away told us that as I hadn't bought the accidental damage policy when I bought the bangle, it was my own fault. He also implied that as the bangle was so light we should have known that it was hollow and therefore liable to get dented. When I bought the bangle I didn't actually pick it up, I was shown it and just bought it, so i didn't realise it was hollow but to be honest I wouldn't have known anyway.

My argument is that I would expect a bangle that cost £160 to be fit for purpose and last a reasonable length of time and I don't think this has been the case. Customer service at Ernest Jones have suggested that the damage was caused by either regular use or a lack of care. This really annoys me because it's hardly been worn and I think you should be able to wear a bangle without having to worry about it getting damaged. I feel like I'm expected to know that a hollow bangle is too delicate to wear.

I'm getting nowhere fast with Ernest Jones, their customer service has been dreadful and after talking with other people I've heard I'm not the only person to have had this problem with the Warrington manager.

At first my girlfriend just wanted to change the bangle for one that she could wear without it being damaged but after the shoddy customer service I've received I really just want my money back.

Any suggestions as to what I should do next?

Hintza

If you buy a hollow bangle like this then this sort of damage is always highly likely I'm afraid. I don't think there is much you can do. Gold is a soft metal.

You might find a jeweller who can take the dent out.

meer53

I think it will be classed as accidental damage, so if you don't have the insurance for that then you don't have any other options really. Do you have any insurance on your contents insurance which will cover it ?

starrystarry

jmmewjj wrote: »

My argument is that I would expect a bangle that cost £160 to be fit for purpose and last a reasonable length of time and I don't think this has been the case.

It is fit for purpose. Its unfortunate that your partner has damaged it but that's not Ernest Jones' fault. If you'd paid £160 for a necklace and your partner had snapped it would you still expect a refund?

I have two gold bangles and they're both dented, you get what you pay for, a solid gold bangle would cost a lot more than £160.

texranger

if i would have purchased something for £160 i would have paid the extra for the accidental damage policy. as it is then Ernest Jones have done nothing wrong

vicmorrow

texranger wrote: »

if i would have purchased something for £160 i would have paid the extra for the accidental damage policy. as it is then Ernest Jones have done nothing wrong

Really? Do you always take out the accidental damages insurance? I've never done so and have not regretted it. Ah, I now see you work in retail...hmmm.

lateandlive

What they said!

On the subject of cost, many rings don't cost hundereds of pounds because they're rock solid hardcore items - they're delicate and beautiful, hence the price tag.

pinkshoes

I'm afraid Ernest Jones are correct here; the bangle has been damaged accidentally, and you didn't take out insurance against this.

You'd be paying a LOT more than £160 for something solid.

texranger

vicmorrow wrote: »

Really? Do you always take out the accidental damages insurance? I've never done so and have not regretted it. Ah, I now see you work in retail...hmmm.

i work in retail ( toys) so this is something i never offer.

ThumbRemote

I believe most of the information you've been given above is incorrect and unhelpful.

Despite what others have said, accidental damage cover is only needed if you've misused the bangle - which presumably you deny. Otherwise you are covered by the Sale of Goods Act and it appears the bangle may not be fit for purpose. Within 6 months of purchase a fault on a product is assumed to be inherent, and the retailer must obtain a report to determine misuse. The store has not done this, merely looking at the bangle and claiming its been damaged is not enough. Hollow or not it should cope with a certain amount of wear and tear, customer service claiming it's been damaged through regular use is ridiculous, if it can't cope with regular use then it clearly isn't of satisfactory quality.

Have you written to the chains head office? That should be your next step.

The step after that would be to look at small claims court - letter before action and then a claim. If Ernest Jones aren't willing to provide a proper report then you'd be very likely to win, as they haven't bothered with the basics. If they do get a report that says there was misuse, you'd be looking at getting your own report to counter this, which would cost - you'd need to decide if this was worthwhile.

VfM4meplse

ThumbRemote wrote: »

Within 6 months of purchase a fault on a product is assumed to be inherent, and the retailer must obtain a report to determine misuse.

Is this right? I read this as a purchase can be maliciously wrecked by the puchaser / other once out of the store, and they will still be entitled to a refund unless the retailer can prove this is the case.

I would assume that white gold would be tougher than un-alloyed gold, and be more resistant to becoming mis-shapen with heat and stress?