2 wek old engagement ring lost diamond- refund possible?

megc_2

My fiance bought me an engagement ring from H Samuel 4 weeks ago. He gave me it on 11 November 12, and I wore it for 2 weeks.

On 25 November 12, I noticed one of the tiny diamonds was missing.The ring was returned to the store the next day and sent off for repair. My fiance was told it would take 2 weeks.

Today (2 weeks later) he has rung the store to be told it was not back and would be another 2 weeks, and possibly not be back until after Christmas.

We both feel really unhappy about this- We've been engaged for 4 weeks but it almost feels like we're not as I had my ring for such a short time. I feel like the ring is poor quality and we should have been offered either a replacement or a refund, so we could have chosen another one. When I do eventually get the ring back, I feel like I'm going to be on edge constantly checking in case another diamond falls out.

Do people think this is acceptable? Do you think we should be able to ask for either an identical replacement/ alternative ring or refund?

InsideInsurance

If you had it a month you will most likely be considered to have accepted it and thus the choice of repair, replace or refund is the merchants. You can specify a preference but they dont have an obligation to honour it.

The reality is that stones in rings are held in place with little bits of metal, the smaller the stone often the smaller that piece of metal has to be (otherwise you'd simply encase the stone and not be able to see it) and so it is somewhat inevitable that occasionally a knock or just general wear and tear will cause a stone to come loose/ fall out.

megc_2

We didn't have the ring a month. We had it in our posession for 16 days before the stone fell out. Since this time, the jewellers have had it in their possession, repairing it. We expected to have the ring back yesterday- we have now been told it will be another 2- 3 weeks.

We both feel that a stone falling out after 16 days is unreasonable and to then wait 4- 5 weeks for a repair is unreasonable. Hence my question to see if we have any rights to insist on a refund or replacement/ exchange.

arbroath_lass

Have you asked what the delay is? Perhaps they are waiting on a delivery of diamonds? Stones will fall out occasionally such is the delicate nature of a lot of jewellery. If you buy another ring the same thing could happen especially with small stones.

BTW engagement isn't just about a ring. You've made a commitment to each other that is the most important thing.

ThumbRemote

I think (and I suspect someone will correct me on this if wrong) that because you have already given them the ring to repair, you are deemed to have accepted it. You would have had to reject it when you first took it back.

Any remedy they offer mustn't cause you significant inconvenience, but I think you'd struggle to argue that a month without a ring was significant inconvenience. It might not be what you wanted, but you can live without it.

On the other hand, if it's delayed again, I'd write stating that it's taking an unacceptable amount of time and you want the ring back within 7 days, or a full refund.

arcon5

ThumbRemote wrote: »

I think (and I suspect someone will correct me on this if wrong) that because you have already given them the ring to repair, you are deemed to have accepted it. You would have had to reject it when you first took it back.

If 16 days could be considered reasonable to reject the goods then the mere fact they have allowed for a repair doesn't mean they are considered to have accepted the goods. SoGA states:

(6)The buyer is not by virtue of this section deemed to have accepted the goods merely because—
(a)he asks for, or agrees to, their repair by or under an arrangement with the seller, or
(b)the goods are delivered to another under a sub-sale or other disposition.

Although the big question is having had the item for 16 days could be seen as having accepted the goods... personally I think 16 days is well beyond acceptance..