Faulty earring

smileypiley

What are my consumer rights regarding purchasing an earring, then getting home to open the box and find that the earring is broken?
I asked the store to measure the post, which they did behind a counter. They placed the earring straight into the box and I did not see the earring again until I took it out of the box, broken, when I got home.

Arunmor

Take it straight back  to the shop.

Grumpy_chap

smileypiley said:

What are my consumer rights regarding purchasing an earring, then getting home to open the box and find that the earring is broken?
I asked the store to measure the post, which they did behind a counter. They placed the earring straight into the box and I did not see the earring again until I took it out of the box, broken, when I got home.

As Arunmor said, though it is quite difficult to imagine how an earring that was checked by the store staff could be broken.

Emmia

I have returned broken earrings, I returned a pair to John Lewis where the post on one fell off the first time I tried to put it on - about 20mins after purchase.

smileypiley

Arunmor said:

Take it straight back  to the shop.

Thanks.
I phoned the shop as soon as I realised and they asked me to take it back to the shop, which I did.
They agreed that it was broken and said they had to send it away to assess how and why it was broken.
Result came back within days, saying that the £60 gold flat backed stud had been cross threaded and they said that I had done it, as the shop would not sell faulty jewellery. I never checked  whether it was cross threaded in the shop just looked at it.
Its my word against there’s. 

Emmia

smileypiley said:

Arunmor said:

Take it straight back  to the shop.

Thanks.
I phoned the shop as soon as I realised and they asked me to take it back to the shop, which I did.
They agreed that it was broken and said they had to send it away to assess how and why it was broken.
Result came back within days, saying that the £60 gold flat backed stud had been cross threaded and they said that I had done it, as the shop would not sell faulty jewellery. I never checked  whether it was cross threaded in the shop just looked at it.
Its my word against there’s. 

How was the earring broken, had the post fallen off, or did the flat back no longer screw on?

If they took the back off to measure the post for you, it's possible they cross threaded it - but proving that is going to be nigh on impossible.

Okell

smileypiley said:

Arunmor said:

Take it straight back  to the shop.

Thanks.
I phoned the shop as soon as I realised and they asked me to take it back to the shop, which I did.
They agreed that it was broken and said they had to send it away to assess how and why it was broken.
Result came back within days, saying that the £60 gold flat backed stud had been cross threaded and they said that I had done it, as the shop would not sell faulty jewellery. I never checked  whether it was cross threaded in the shop just looked at it.
Its my word against there’s. 

Why didn't you say all that in your first post?

smileypiley

Emmia said:

smileypiley said:

Arunmor said:

Take it straight back  to the shop.

Thanks.
I phoned the shop as soon as I realised and they asked me to take it back to the shop, which I did.
They agreed that it was broken and said they had to send it away to assess how and why it was broken.
Result came back within days, saying that the £60 gold flat backed stud had been cross threaded and they said that I had done it, as the shop would not sell faulty jewellery. I never checked  whether it was cross threaded in the shop just looked at it.
Its my word against there’s. 

How was the earring broken, had the post fallen off, or did the flat back no longer screw on?

If they took the back off to measure the post for you, it's possible they cross threaded it - but proving that is going to be nigh on impossible.

When I took the earring out of the box, the flat back was still inside (not attached to the earring as you’d expect). Like you said, when screwed together, it did not attach (not in my ear at any point).
My word against there’s. I have asked for cctv footage, but has been declined.
The earring was sold as faulty (or poor quality), but how can I prove this?

Grumpy_chap

smileypiley said:

The earring was sold as faulty (or poor quality), but how can I prove this?

Is there a missing "not" in that sentence?

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—
(a)it is established that the goods did conform to the contract on that day, or
(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

They have demonstrated what the issue is, not who caused it and I don't see how they possibly could. Entitlement is to a repair/replacement and if one is not forthcoming reject for a full refund (within 6 months of delivery).

(Short term right to reject best avoided due to the lack of reverse burden of proof). 

Emmia

the_lunatic_is_in_my_head said:

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

They have demonstrated what the issue is, not who caused it and I don't see how they possibly could. Entitlement is to a repair/replacement and if one is not forthcoming reject for a full refund (within 6 months of delivery).

(Short term right to reject best avoided due to the lack of reverse burden of proof). 

You don't normally get "right to reject" for earrings due to hygiene issues and these were bought in-store, so already have more limited refund rights generally.