gemstones coming off bracelet 2 months old

lynne1985

My children bought me a mum bracelet for mothers day, after wearing the bracelet once around 6 of the gem stones had fell off so I took it back to the shop for a replacement, was given a replacement straight away but I did ask if it happened again if I would be able to change for a different product and was told I could, no time frame etc was given.

Fast forward 2 months later and I wore the bracelet for the first time since it was replaced and two of the gemstones have fell off already I took it back to the store today and was told they would have to send it away to be checked, repaired if they were at fault I advised them that I would rather have an alternative product as that is the second one I have had and they stated that since it is after the 30 day money back period I would not be entitled to a replacement until the bracelet was examined.

So I am wondering what my rights are with this? I did speak to the manager and explained to him that I was advised by the staff I could return the item for an alternative if that one was faulty as well with no mention of it needing to be within 30 days, the woman that actually served me on the first occasion was there and accused me of lying as she would never have said this to a customer so I left with the bracelet feeling really peeved off :mad:

If anyone could offer advice it would be appreciated
thanks

monty-doggy

Ok firstly ignore the 30 days crap. That's a store good will policy which apples to products un used. The law states you are entitled to a repair/refund/replacement if the goods are faulty and you have proof of purchase.
If this is the second time I'd go back and calmly explain that the goods are not fit for purpose and you are entitled to a refund however you are willing to take an exchange instead.
If they still say no then report them to your local trading standards office.

Just be calm and confident that you are right. I'm sure they will relent nod if they don't TS will get involved.

Either that or write to watchdog!

Fosterdog

The above isn't 100% correct

Yes you are entitled to a remedy and you can request a repair, replacement or refund, but the shop can say no and offer a different remedy.
The shop also has the right to inspect/examine the bracelet before offering any remedy, this isn't always done on the premises but sometimes sent away. Right now you are saying it's faulty but they haven't been given the chance to either prove or disprove that it's an inherent fault instead of misuse.

If I were you I would take it back and let them inspect it, make sure you get a receipt if it's left with them, they may just get back to you in 24hours and tell you to go in for a refund/exchange.

monty-doggy

How can they offer a differenet remedy to repair/replacement/refund?

Surely that covers all options???

Georgiegirl256

monty-doggy wrote: »

How can they offer a differenet remedy to repair/replacement/refund?

Surely that covers all options???

As Fosterdog says, the shop has to do one of the above, it's up to them which one they choose. Some shops will just offer a straight out refund/exchange, others will demand that it is inspected before they do either of them, because they (as is said above), need to rule out that it wasn't a fault of the customers. Not saying it is, as it obviously sounds like a fault with the jewellery, but they still need to rule it out all the same.

Once they have, I'm sure they'll have no problem refunding or exchanging for a different one.

monty-doggy

That's why I stated the law says you are entitled to the above,
( refund/repair/replacement)
but my advice is to state you feel you are entitled to a refund but willing to accept an exchange, this way you come across as being reasonable and the store doesn't have to give a refund- which they will want to avoid.

Georgiegirl256

monty-doggy wrote: »

That's why I stated the law says you are entitled to the above,
( refund/repair/replacement)
but my advice is to state you feel you are entitled to a refund but willing to accept an exchange, this way you come across as being reasonable and the store doesn't have to give a refund- which they will want to avoid.

Agreed

Even though I know the store can insist on Abingdon the item inspected etc first, I would still push and argue my way to hopefully getting a refund/exchange first off.

unholyangel

monty-doggy wrote: »

That's why I stated the law says you are entitled to the above,
( refund/repair/replacement)
but my advice is to state you feel you are entitled to a refund but willing to accept an exchange, this way you come across as being reasonable and the store doesn't have to give a refund- which they will want to avoid.

But they dont have to give a refund and the retailer will likely know that, so no point bluffing.

Not unless one of the following applies:
a) acceptance hasnt occurred (i think op may struggle to argue this one)
b) a refund is not disproportionately costly compared to a repair/replacement
c) the retailer cant carry out a repair/replacement within a reasonable time and without causing significant inconvenience - and tbh for a bracelet, i dont think theres any chance of claiming its causing significant inconvenience.


Trading standards dont usually get involved in single complaints either. Since they've offered to repair if inherently faulty, TS wouldnt be interested in the slightest.

lynne1985

thanks for all the replies, I was happy to accept an alternative product and pay the difference if need be I never once mentioned I wanted a refund to them, I am not happy to accept a repair as they only way the can repair it is to stick more gemstones on it which will fall off like the others, and the reviews on their website should make them realise the product is below standards I also stated that the item was not fit for purpose when they told me it needed to be sent away for inspection, but they weren't interested. I have sent an email so I am awaiting their response to see what my rights are. Guess it could just be the store I went to may try another one tomorrow and see if it's the same outcome.

unholyangel

lynne1985 wrote: »

thanks for all the replies, I was happy to accept an alternative product and pay the difference if need be I never once mentioned I wanted a refund to them, I am not happy to accept a repair as they only way the can repair it is to stick more gemstones on it which will fall off like the others, and the reviews on their website should make them realise the product is below standards I also stated that the item was not fit for purpose when they told me it needed to be sent away for inspection, but they weren't interested. I have sent an email so I am awaiting their response to see what my rights are. Guess it could just be the store I went to may try another one tomorrow and see if it's the same outcome.

Just to put a different view on it....its possible a repair may be shoddy.....but then its also possible when they repair it, they will do so in a fashion to make the stones more secure and thus fixing the initial fault.

Unless it was a cheaper item, I think its very likely a replacement/alternative product will be disproportionately costly compared to a repair. If it was a cheaper item, then chances are it will be disproportionate to repair as opposed to replace/alternative.