Stolen jewellery 23 September 2022 at 10:23AM edited 23 September 2022 at 10:32AM in Consumer rights 4 replies 261 views

DeborahMM

I left gem stones and a gold wedding band for a jeweller to make earrings. The items were stolen. He’s offering scrap gold price for the ring. Is that correct? If I have to buy more gold to make earrings it would cost me more. I don’t think he was insured! 

DullGreyGuy

Why doesn't he just make the earrings out of other gold he has/buys and therefore you still get what was intended?

Not sure why this is under families and relationships though

MSE_ForumTeam5

We've moved this to consumer rights

lisyloo

DeborahMM said:

I left gem stones and a gold wedding band for a jeweller to make earrings. The items were stolen. He’s offering scrap gold price for the ring. Is that correct? If I have to buy more gold to make earrings it would cost me more. I don’t think he was insured! 

Do you have any legal cover on your home insurance?
if so give them a call and speak to a solicitor.
if not, I’d suggest considering it in future it’s pretty cheap and can be worth it’s weight in gold (excuse the pun) in situations such as this.

my understanding of the law is that the shop are only liable if they were negligent.
so if they for example left the door open to a jewellery store then they could be liable.
(these things can be hard to prove even if true)
if they were broken into then I don’t think they are liable unfortunately.

so it would be down to your home insurance.

How much are the items worth?
do you have any proof you had them (photos wearing them are good enough).
is the total item and single item limit met under your own insurance?

if so then I’m afraid this is what insurance is for.

DullGreyGuy

lisyloo said:
my understanding of the law is that the shop are only liable if they were negligent.

so if they for example left the door open to a jewellery store then they could be liable.
(these things can be hard to prove even if true)
if they were broken into then I don’t think they are liable unfortunately.

so it would be down to your home insurance.

Liability can arise from things other than negligence, the theft is going to create a breach of contract as the vendor appears no longer to be making the items so has to return the consideration paid (both the cash for the service and the materials provided). subject to any special terms in the contract of sale 

 Home insurance is unlikely to cover an item left in the care of a third party outside of your home. Some do have special clauses for bank vaults or storage units but not seen one for jewellers.

Subject to the terms of the contract the jeweller would need to indemnify the OP which could be by completing the service offered (assuming the ring wasn't sentimental and that's the only reason it was being done) or by paying them the value of the lost items. 

The reality is that unless the jewellery has Cartier or Tiffany inscribed inside it then the value of a secondhand ring is rarely much more than its scrap value.