Product marked up incorrectly

[Hlthomas]

Hi, my fiancé and I recently bought an engagement ring. We placed an order based on what we saw in the store. The diamond was identified to us as an SI1 clarity. The ring had to be re-sized and was delivered a few days later. On arrival I noticed several large inclusions within the stone which did not seem right for an SI1 stone. Our invoice states SI1 and so does all the documentation that came with the ring. I contacted the store and, after investigation, they advised that the ring had been incorrectly marked up and was infact a lower grade diamond (I1).

We have asked the store to replace the stone with the one that is stated on the paperwork but they will not as this would be at a cost to them. They have offered an alternative stone equalling the amount that we have paid or we can have a refund. We feel that this is unfair as we placed an order for a particular type and quality of ring and expect this to be supplied. This situation has put real dampener on things as we genuinely thought we had found the perfect ring at a price within our budget. Where do we stand legally with this?

Thanks

 

[Witch consumer]

They have to supply goods as described, they need to replace the ring with what you ordered, this is quite clear under the Sale of Goods Act, tough if it costs them, they should have got it right in the first place.

Congratulations on your engagement

 

[Hlthomas]

Thank you for your response and good wishes!

As well as offering to supply an alternative ring of a lower quality than ordered, the Retail Manager also stated the following.....

'Under the sales of goods act you are more than welcome to return the item to us for a full refund'.

I assumed that they had covered themselves legally by offering the refund. Do you have any advice on how I should proceed?

Thanks

 

[ALewis]

Whether you have a refund, repair, or a replacement. It is YOUR choice, not the stores choice. Just because they have said you can have a refund doesn't deter from the fact that you can have a replacement (ie the actual ring).

 

[Witch consumer]

They are wrong, if goods don't meet the terms of SOGA from the day of purchase (or within 6 months up to which point they are deemed to be faulty at purchase) the choice of whether you take a repair, replacement or refund is YOURS, not the suppliers.

/For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

section applies if—

(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b) the goods do not conform to the contract of sale at the time of delivery.

If this section applies, the buyer has the right—

(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b) under and in accordance with section 48C below—

For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

 

[Hlthomas]

Thanks for the additional info.

They are offering a replacement but not the same quality as ordered. They say that the ring we purchased was marked up with the incorrect quality and it would cost them too much to supply the correct one. They will supply a replacement equivalent to what we paid so it must have been marked up with the wrong price also.

Witch Consumer - the first quote that you have posted below states 'taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances'. With that in mind, will they use the fact that we paid a lower price to back up their offer to supply something equivalent to the purchase price, irrespective of what the order states? We did not know at the time of purchase that the price was 'too low' for the quality ordered and their sales assistant clearly did not pick up on this.

My order, and the documentation that came with the ring, states that the stone is of SI1 quality. I also have confirmation in writing from them that the stone is infact an I1 and this is down to an error when the ring was marked up.

Any advice on what I should do now?

 

[Witch consumer]

If the assistant had noticed at the time of sale that the ring was described incorrectly and/or incorrectly priced, they would have been within their rights to withdraw the item and amend the price and/or description. As it is they have sold you an item which is not as described.

Not only that but they had a further opportunity to notice their mistake when they resized the ring.

Basically, a purchase completes a contract with the seller, once the sale is completed, he can't change his mind because he made a mistake.

When you get in touch with him again, ask him what procedure you need to go through before you take him to court, you may find his attitude will change

 

[Hlthomas]

Exactly the point I made to them....not only did the sales assistant not pick up on it but it also got through any pre-despatch inspection which they surely carry out after re-sizing and when issuing quality related documentation!

I have already told the guy that if we do not get a satisfactory outcome I will be seeking legal advice but he still insists that they will not replace in line with the order details.

Your advice has been so helpful as I feel I can now go a stage further, knowing that the purchase price is not as relevant as I thought. If you come across anything further that I could quote to this company, please would you re-post?

I'm not normally one to pursue things like this but it was an important purchase for a special occasion and the whole experience has over-shadowed this.

Thanks again!