Hi,
I think that I'm in the right area for some help on an item of jewellery I bought for my wife on Sat 12th Feb for Valentines Day on the following Monday.
When I bought it I noticed that the stone set in the bracelet had a slight scuff to it (not a precious stone but was the main part of the piece) It was explained to me that as this was a one off and not mass produced, it may not be a perfect finish, that should have alerted me to the potential problem ahead but no, I knew my Wife liked this piece so I accepted that there was a slight fault on the stone even though the shop assistant tried polishing vigorously it to get the fault out.
Any way, I did the decent thing and wrapped it and waited for the phone call to me at work from my wife to tell me how lovely it was and how lovely I was...
It turned out that she had had the bracelet on her wrist for the morning for the drive to do the school drop and on her way back she noticed that the stone had lifted ( When I was purchasing the item, I was told that the stone was not only glued in place but was also heat treated in some way to make it extra secure so I was starting to worry that the stone was coming out of it's own accord. On further inspection the setting under the stone (underneath the stone) was (to my untrained eye) very thin, my Wife said that it had not been caught in any way as she would have felt it and it doesn't look like it was caught, more compressed. I wonder if it may have happed when the assistant was trying to clean the stone?
My wife took the bracelet staright to the shop the same day (14/2/11) who said that she could have it sent back for a repair, my wife was worried that it may happen again or that something else may break if this was the quality they were happy with so she asked for my money back (knowing that I had paid by card and that I would have to visit to get the refund), the shop assistant said that she was not authorised to make that decision and that it would have to be her boss who decided that. She was asked to let me know that her boss would be in on Thursday or Saturday and that I could visit then to discuss the matter. Unfortunately I was not able to visit on Thursday but went in Today (yesterday by rights as it is 01:25am, why am I still up???) but the Boss was not in again and I was told the same thing, and then the assistant said that she could only refund up to £100 but that she would speak to her boss on the phone now and get some kind of an answer. After coming off the phone, she said that she wanted to send the bracelet back to the manufacturer to see if there could be a repair made, I re-affirmed that I did not want it to be repaired but I left it there for them to send back so that the manufacturer could have a look at it for the future products (having got a receipt of sorts for the return (she wrote and signed on a business card, does that count, I hope so)).
What I want to know is, as it was taken back to the shop within 2 days, I was thinking that the durability of the goods and the quality of the goods under the Sale of goods act 1979 is able to be utilised, can I get my money refunded or is it fair for them to try to repair it. I won't be giving this to my wife for a Valentines day present as I don't want her to have a repaired item, especially on a day meant for true love etc... what sort of message would that put across?
Hence my Log In name, I am in this instance Hopeless but remaining, I think, Romantic!
I would appreciate any guidance on this.
Many thanks,
HR
I think that I'm in the right area for some help on an item of jewellery I bought for my wife on Sat 12th Feb for Valentines Day on the following Monday.
When I bought it I noticed that the stone set in the bracelet had a slight scuff to it (not a precious stone but was the main part of the piece) It was explained to me that as this was a one off and not mass produced, it may not be a perfect finish, that should have alerted me to the potential problem ahead but no, I knew my Wife liked this piece so I accepted that there was a slight fault on the stone even though the shop assistant tried polishing vigorously it to get the fault out.
Any way, I did the decent thing and wrapped it and waited for the phone call to me at work from my wife to tell me how lovely it was and how lovely I was...
It turned out that she had had the bracelet on her wrist for the morning for the drive to do the school drop and on her way back she noticed that the stone had lifted ( When I was purchasing the item, I was told that the stone was not only glued in place but was also heat treated in some way to make it extra secure so I was starting to worry that the stone was coming out of it's own accord. On further inspection the setting under the stone (underneath the stone) was (to my untrained eye) very thin, my Wife said that it had not been caught in any way as she would have felt it and it doesn't look like it was caught, more compressed. I wonder if it may have happed when the assistant was trying to clean the stone?
My wife took the bracelet staright to the shop the same day (14/2/11) who said that she could have it sent back for a repair, my wife was worried that it may happen again or that something else may break if this was the quality they were happy with so she asked for my money back (knowing that I had paid by card and that I would have to visit to get the refund), the shop assistant said that she was not authorised to make that decision and that it would have to be her boss who decided that. She was asked to let me know that her boss would be in on Thursday or Saturday and that I could visit then to discuss the matter. Unfortunately I was not able to visit on Thursday but went in Today (yesterday by rights as it is 01:25am, why am I still up???) but the Boss was not in again and I was told the same thing, and then the assistant said that she could only refund up to £100 but that she would speak to her boss on the phone now and get some kind of an answer. After coming off the phone, she said that she wanted to send the bracelet back to the manufacturer to see if there could be a repair made, I re-affirmed that I did not want it to be repaired but I left it there for them to send back so that the manufacturer could have a look at it for the future products (having got a receipt of sorts for the return (she wrote and signed on a business card, does that count, I hope so)).
What I want to know is, as it was taken back to the shop within 2 days, I was thinking that the durability of the goods and the quality of the goods under the Sale of goods act 1979 is able to be utilised, can I get my money refunded or is it fair for them to try to repair it. I won't be giving this to my wife for a Valentines day present as I don't want her to have a repaired item, especially on a day meant for true love etc... what sort of message would that put across?
Hence my Log In name, I am in this instance Hopeless but remaining, I think, Romantic!
I would appreciate any guidance on this.
Many thanks,
HR