Fraser Hart Jewellers refusing to refund broken bracelet

nic8ski

I am looking for some consumer advice regarding a difficult situation.

I purchased a gold bracelet at a cost of £399.00 from Fraser Hart Jewellers on 4 November 2020, this was the day before the National lockdown. The bracelet was purchased with money I received for my birthday, which was on 8 November 2020. I did not wear the bracelet until the day of 8 November 2020, I didn't leave the house that day and didn't take the bracelet off when I went to bed. I woke in the morning and the clasp on the bracelet was broken. I genuinely cannot recall an incident whereby this could have happened. Luckily this didn't happen when I was outside of my home otherwise the bracelet could have disappeared forever.

I took the bracelet back to Fraser Hart Jewellers on the first day the shop opened after lock down in December and showed the sales assistant the bracelet. I explained what had happened and that as the clasp was so weak, I would like a refund. I didn't have confidence in the product.

The assistant asked a colleague to come over to inspect the bracelet and they told me that the clasp had been caught on something and broken, they suggested I had done this on my bedsheets (which is quite bizarre). The assistant stated that Fraser Hart would view the broken clasp as 'accidental damage'. The assistant stated that the bracelet could be sent away to be checked by their workshop but unless "in the unlikely scenario" there was a fault with the metal, then the fault lay with myself and I would not be entitled to a refund and at best I could pay for the repair, they also suggested I should invest in a safety chain.

I felt quite upset and intimidated by the exchange and that the assistants had already decided I was at fault and not that the clasp could infact be faulty. I also had to sit there whilst the assistant input the details of the fault onto an ipad to send with the bracelet to the repair centre. I didn't get the opportunity to review what was written, which in hindsight I should have asked to see to ensure it wasn't bias.

As I am so upset by my treatment instore, I will be asking my partner to deal with Fraser Hart going forward.

I am still waiting to be contacted by Fraser Hart regarding the outcome of the inspection of the bracelet. I have worn this £399 piece of jewellery for less than 24 hours and I genuinely believe the clasp on the bracelet is not fit for purpose and I would like a refund.

Can anyone advise me on my consumer rights.

Sandtree

Clearly it has been pulled as a lobster claw clasp will not simply unbend like that otherwise. So the question is if there is a fault with the design/product and that the item should survive such a pull or if there isnt and its purely your own fault.

It is unclear from your post if the item was returned within 30 days of purchase or outside of it but either way if you have broken it then its your cost to fix whereas if it is defective then its their responsibility... if its less than 30 days you can reject it for a refund whereas if its over 30 days its their choice as to repair, replace or refund.

If they say its not a fault then its up to you if you want to take it on the chin or pay for your own expert inspection at your own cost. If this supports you and you “win your case” somehow then the cost should be recoverable but if it cannot find a fault then obviously its good money after bad. The issue is that you may end up simply with a split decision and a stalemate 

nic8ski

Hi, thanks, I bought the bracelet on 4 November 2020 and returned on 2 December 2020, the first day the shop was open following lock down.

I believe the product is at fault as it should withstand a slight pull. I have worn bracelets all my life and not come across this issue.

Sandtree

nic8ski said:
I believe the product is at fault as it should withstand a slight pull. I have worn bracelets all my life and not come across this issue.

And so your challenge is proving this, especially given you dont actually know what the incident was that caused the damage.

There are a few paths it can go down....

1) Their workshop agrees its faulty and so its resolved for you

2) They say its not faulty and you just pay for the repair yourself

3) They say its not faulty and you get a report which doesnt confirm its faulty so you then have to pay for the repair

4) They say not faulty, you get a report, it says its faulty and they accept that so repair

5) As above but they dont accept it so you issue court proceedings and they settle the case on a without prejudice basis because its not cost effective to fight it 

6) As above but they go to court and it comes down to who the judge believes

Hasbeen

OP. Hopefully they will repair free of charge.

But I would say wearing a bracelet to bed is not really a good idea as it could be quite easily pulled apart when sleeping. 

Aylesbury_Duck

I echo the advice above.  Just a point on getting your partner to deal with them: S/he has no consumer rights because s/he is not the purchaser.  The jeweller could refuse to deal with him/her.  I doubt they would, but just be aware of the possibility.

If you aren't successful, you can get gold lobster claws or even gold-look lobster claws incredibly cheaply.  My wife had a similar problem with an older silver bracelet.  I think I paid something like £3.50 for a pack of 5 of them and fitted one myself.