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Right to refund for faulty goods
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Robothell
Posts: 494 Forumite
Apologies if this is covered elsewhere but couldn’t find a close enough match on searching. Bit of a standoff between myself and a shop at the minute and would be interested in others’ take on it.
Last year I bought my wife a ring from a well-known jewellery store, costing £165 (on sale from c. £220). Within a couple of months one of the stones fell out. We took it back and they offered a repair which my wife accepted. The ring was sent off and, after a few days, they contacted us back to say they were replacing the ring free of charge.
My wife basically stopped wearing the ring routinely as she was paranoid the stone would fall out again. She wore it maybe 12-15 times in the next 6-8 months until, last week, she noticed a stone had fallen out of the new ring. We brought it back again and my wife and I were quite clear that we wanted a refund at this point as the ring is clearly not very well put together if two consecutive ones developed the same fault with minimal normal wear. They are taking the line that we are not entitled to a refund as we have not let them try to repair the item - I pointed out the tried before and that we were under no obligation to let them try but they are adamant that, as it’s a new ring, they get another chance to repair (which they’ve offered free of charge clearly). I’m not convinced - part of me is tempted to go straight to my credit card company and go for section 75 cover.
Who’s in the right here? Any suggestions gratefully received.
Last year I bought my wife a ring from a well-known jewellery store, costing £165 (on sale from c. £220). Within a couple of months one of the stones fell out. We took it back and they offered a repair which my wife accepted. The ring was sent off and, after a few days, they contacted us back to say they were replacing the ring free of charge.
My wife basically stopped wearing the ring routinely as she was paranoid the stone would fall out again. She wore it maybe 12-15 times in the next 6-8 months until, last week, she noticed a stone had fallen out of the new ring. We brought it back again and my wife and I were quite clear that we wanted a refund at this point as the ring is clearly not very well put together if two consecutive ones developed the same fault with minimal normal wear. They are taking the line that we are not entitled to a refund as we have not let them try to repair the item - I pointed out the tried before and that we were under no obligation to let them try but they are adamant that, as it’s a new ring, they get another chance to repair (which they’ve offered free of charge clearly). I’m not convinced - part of me is tempted to go straight to my credit card company and go for section 75 cover.
Who’s in the right here? Any suggestions gratefully received.
Life in this world is, as it were, a sojourn in a cave. What can we know of reality? For all we can see of the true nature of existence is, shall we say, no more than bewildering and amusing shadows cast upon the inner wall of the cave by the unseen blinding light of absolute truth, from which we may or may not deduce some glimmer of veracity, and we as troglodyte seekers of wisdom can only lift our voices to the unseen and say humbly "Go on, do deformed rabbit again.....it's my favourite". © Terry Pratchett in "Small Gods"
Founder member of the Barry Scott Appreciation Society
Founder member of the Barry Scott Appreciation Society
0
Comments
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The retailer can choose to refund, repair or replace.
If a refund was made it would be a partial refund....how much is a 2nd hand ring that originally cost £165 worth now?0 -
As above, I think they have another chance at repair, replacement or refund, the last of which may be partial to take into account the use you've had of the item.0
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(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—
(a)after one repair or one replacement, the goods do not conform to the contract;136.The section provides that, if repair or replacement was impossible or if the consumer’s goods continue to be substandard after the consumer has either:
already undergone one repair or replacement of the goods by the trader; or
sought a repair or replacement but this was not carried out within a reasonable time or without significant inconvenient to the consumer,
the consumer may either:
keep the goods and insist on a reduction in the price; or
reject the goods and obtain a refund which may, in some circumstances, be subject to a deduction to take account of any use the consumer has had of the goods.
Of course, they can ask you to prove it inherently failed to conform to contractYou keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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