Whats my girlfriends rights?

hamesy

hamesy

hamesy

Associate
Joined
22 Nov 2007
Posts
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Staffordshire
Hey guys,

In september my girlfriend purchased a ring set from Warren James but on one of the rings the stone has fell out. She went to exchange it today but they refused to change it because they claim she ripped the stone out. Is there anything she can do? Does she have any rights?
 
Of course she does, almost standard consumer rights apply to jewellery.

Also, any jeweller who can't put a stone back in a ring in under 5 minutes is in the wrong job.
 
hamesy said:
Hey guys,

In september my girlfriend purchased a ring set from Warren James but on one of the rings the stone has fell out. She went to exchange it today but they refused to change it because they claim she ripped the stone out. Is there anything she can do? Does she have any rights?
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Sale Of Goods Act 1979]14. Implied terms about quality or fitness



(1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied term about the quality or fitness for any particular purpose of goods supplied under a contract of sale.



(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.



(2A) 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.



(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—



(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

(c) freedom from minor defects,

(d) safety, and

(e) durability.
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You can easily take it back by citing the statute above. I hope this helps :)
 
monkeypants said:
Nitefly The OcUK Lawyer strikes again. :D
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In all fairness, I rarely strike, and I'm sure any of the OCUK legal savvies could have also helped :p

OP, go to the shop and don't leave the shop until they give you a refund (or exchange if you would be happy). Ask them to ring their legal department or top supervisor until they cave.
 
If they don't budge then just sue them in the small claims court (I think the last time I used them it cost £35). From what has been described above you have a strong case and hey will probably settle out of court after the threat.
 
Does she still have the stone? Or was it lost and she is asking for the jeweller to replace the stone?
 
As an adendum to Nitefly's post; within 6 months the onus is on the seller to prove the fault lies with the customer and wasn't an inherent defect. So they have to prove it was her that did the damage. It's not up to you/her to prove you didn't do damage.
 
what's the value of the ring? and any idea on the value of the stone? i.e. if it's valuable then obviously there's more reason for them to suggest she might rip it out. From the cases I've heard before the jeweller has been willing to repair/replace within the first year or something, but I'm not sure of their obligation to.
 
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