SOGA - bespoke wedding ring

junitrules

Hi All,

I am in need of some advice regarding the Sale of Goods Act 1979 (as amended)...

We have just spent the last year or so suing a company that made us bespoke wedding bands, and damaged our engagement ring in the process. We eventually lost our small claims hearing yesterday as we couldnt prove that the company damaged our ring, and thus wouldnt refund for the wedding rings ordered from them...

They gave us the rings after the judgement had been made and as we just wanted to get out of there we didn't look at them until we had got home. As we dont want the rings we were going to sell them to attempt to get some of the money back..

Upon checking the brides ring, it is not what we ordered. The contract clearly shows the type of ring we ordered and we received another type of design, which we did not want.

My question is, if the ring is not what we ordered are we entitled to a refund? We finished paying for the rings in July but only received the rings yesterday. My ring is fine, it is just my fiance's that is not as per the order.

We had hoped it would all be over but this just adds insult to injury...

I hope that makes sense.

Thanks

InsideInsurance

If you are intending to sell them, does it really matter? Is it worth months more of stress and possibly more court cases?

The court case by the sounds of it was for damage to another item and so effectively unrelated to the supply of what you ordered and as such they maintain their responsibility to supply what has been bought.

junitrules

Thanks for your reply.

It is definitely not worth the stress you are right!

The court case was based on them damaging our engagement ring which they used to shape the wedding band to.

If the wedding band was as ordered it would be a ring that would be easier to sell. As it is currently it is very bespoke to our engagement ring. Just thought if there was an option to claim a refund from the seller for that ring, it was worth a go? If we have a right to, that is?

Really want to put this behind us and move on but the seller has been infuriating

InsideInsurance

You have a right, though with bespoke items there can be challenges over description and if an independent party would read the agreed instructions, look at the item in question and be able to say that it is not what was instructed. Just because it isnt what you had in your mind doesnt mean necessarily it isnt what was described.

Obviously dont have an idea of the values involved but I would question the if it is worth the efforts as clearly this is a company that is willing to defend rather than rolling over at the first threat

junitrules

Thanks for your help.

I think you make a good point about a company that is willing to defend rather than roll over - they have fought us every step of the way with regards to the damage to our ring so I can't see them ever giving in to us.

We can't go through all that again!