Ernest Jones: Can a company insist you visit a physical store to refund faulty item bought online?

RDW75

Hi all. I purchased some earrings at Ernest Jones online as a Christmas present to my wife. After very few wears the front section has come apart from the stem. I have contacted the company, with photos demonstrating the issue, who have stated this is 'definitely not acceptable after such a short period of time.' However, they have gone on to state I will need to visit a physical store rather than being able to address this online. Having checked on nearest stores, it will not be particularly easy to get to the nearest. The journey, parking etc would amount to half the cost of the earrings! It just appears unreasonable to expect a customer to do so following an online sale. Having made this point they have simply stated 'Unfortunately you would have to go into store, this is the process store would need to assess the item.' It amazes me there isn't an alternative where you send them for assessment.

Anyway, my question is, is this really reasonable/permitted? There used to be a store 10 minutes away but unfortunately it's closed down.

the_lunatic_is_in_my_head

Worth pointing them towards

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

Pointing out it was an online order so you took possession at your home and the store is far away so if there is an alternative it would be appreciated but if not can they confirm they'll cover the cost of return to the store made up of travel by car at 45p a mile both ways plus parking. 

Just to add, this assumes it was delivery rather than click or collect. If it was click and collect to a store that's closed then you'd be looking at the difference between the two  

eskbanker

https://www.ernestjones.co.uk/customer-service/online-terms-and-conditions suggests that you can post rejected items back to them - it may not be necessary to formally reject the earrings as such but they ought to accept a postal return for repair purposes:

Summary of your legal rights

10.2 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

10.3 If your product is goods, they must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

10.4 If your product is services, for example a repair or engraving service:

Your obligation to return rejected products

10.5 If you wish to exercise your legal rights mentioned in clauses 10.2-10.4 to reject products, you must either return them in person to where you bought them, post them back to us or (only if either method is unsuitable) allow us to collect them from you. We will pay reasonable costs of postage or collection, provided prior approval of the costs is obtained from us in advance and proof of purchase of postage/collection is provided. Please call customer services on 0800 458 1066 (calls are charged at local rate and may be recorded) or email us at customer.services@ernestjones.co.uk for a return label or to arrange collection.

RDW75

Thanks so much for your replies. Really appreciated.