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damaged goods but refused refund/repair

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Really hoping someone can give me some advice. My friend bought me a 9ct Gold bracelet for my birthday in December. It wasnt a cheap one it cost £85 from a supposedly reuputable jewellers. I wore it from 21st December when i received it and never took it off. on 19th January it fell off my wrist, when i examined it the clasp had just come apart, on closer inspection the links of the bracelet were also coming away from each other.

 

She returned it to the jewellers but they have said they have said it has been snagged and the force of the snagging has pulled the links apart and broke the claasp. This is absolute rubbish as i have never snagged it once, it is very flat and the links are very close together making it unlikely to snag on anything anyway. They have offered to repair it but my friend will have to pay for it. They will not give a refund.

 

Can anyone give us any advice as i feel really bad for my freind she paid a lot of money for it and now they want her to pay more!

 

Thanks

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You could try getting a second opinion from another jewellers.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Firstly, it is for them to prove that it has been snagged. Did they examine the bracelet or did they just say it has been snagged? Sale of Goods Act specifically states that within the first 6 months it is the duty of the retailer to prove that the goods do conform to the contract (i.e, that there is nothing wrong) rather than you having to prove it. Simply saying that such and such has happened is not adequate. If that has happened, go back to them and demand proof. If they can't then the usual course of action (letters etc - see other threads and stickies) applies.

 

Oh and just another thing. I is your friend who has the contract with the seller, so by rights it should be them who take action. The shop is quite within its rights not to even speak to you, but most sellers will accept that it is a gift and will deal with the recipient as though they were the customer. If they do get funny on that, then get your friend involved. Hopefully though this will not arise.


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