Jewellery Issue

Clearsio

I purchase a diamond bracelet on October last year.

The clasp was clearly faulty and the item was returned to the retailer for repair.
The retailer claimed to have fixed it but the issue remains.
The bracelet was returned multiple times (in excess of 3 times) and even replaced but was still faulty - over a 9 month period.
I have had it accessed by two independent jewellers who both said that the fitting on the clasp was faulty.
Since this was a sentiment item I decided to pay the bill for the repair (£180) at the independent jewler.
What are my rights when it comes to claiming the cost of the repair back from the original retailer?
I have a receipt for the repair and a written report detailing the issue.
Thanks

bris

You can't now, you should have given them the opportunity to either put it right once and for all or refund your money, they would have been obliged to do this.
If they refused then you would have had a case, but as you didn't, you don't.


Even worse they are now within their rights to refuse any further warranty claims as a third party has now repaired the bracelet.

Clearsio

Really? It!!!8217;s a sentiment item, they had multiple opportunities to repair but were clearly incapable

unholyangel

Write to them first including the report and the cost of the repair and ask for reimbursement but you'll have to decide how far you want to take it.

You might not find the judgement cited but the case of grant v electro centre ltd was similar and could certainly be used as a persuasive precedent even if its not a binding precedent - the customer had it repaired and sued for damages and won.

Even the Consumer Rights Act specifically states:

(9)This Chapter does not prevent the consumer seeking other remedies!!!8212;
(a)for a breach of a term that this Chapter requires to be treated as included in the contract,
(b)on the grounds that, under section 15 or 16, goods do not conform to the contract, or
(c)for a breach of a requirement stated in the contract.

(10)Those other remedies may be ones!!!8212;
(a)in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or
(b)instead of such a remedy, or
(c)where no such remedy is provided for.

(11)Those other remedies include any of the following that is open to the consumer in the circumstances!!!8212;
(a)claiming damages;
(b)seeking specific performance;
(c)seeking an order for specific implement;
(d)relying on the breach against a claim by the trader for the price;
(e)for breach of an express term, exercising a right to treat the contract as at an end.