Faulty Ring From Pandora - Clarification of Rights

[spinningfish]

Hello there

 

My girlfriend bought a ring from a Pandora Jewellery high street store on the 10th June 2011. The ring in question is sterling silver, set with cubic zirconia stones, costing £125.

 

Last week she discovered that two stones had dropped out of the ring and were missing, so being understandably upset she contacted the customer services number on Pandora's website and was told to take the ring back to store for a refund.

 

On Saturday we went into the store and were told they would have to send the ring away to be inspected. The ring itself is absolutely as it left the store - not misshapen or anything like that. Should I have been entitled to a refund there and then? I'm quite rightly concerned that their own inspection process is going to be biased towards themselves.

 

Many thanks as always!!

[rebel11]

Hi spinning

 

Have a read of 10,12 and 13 in my signature.

[perplexity]

The ring itself is absolutely as it left the store - not misshapen or anything like that.

 

 

That would infer that you noticed that two stones were missing on 10th June and accepted the item, none the less, but then you say that this was discovered last week.

 

I would therefore assume that the store is quite rightly concerned that your inspection process is as biased toward yourself, as it is reluctant.

 

Neither the buyer nor the seller is entitled to be the judge and jury of his own cause.

 

The Sale of Goods Act provides the right to make a claim, not to bully the seller.

[nicolawelch]

You are entitled to a refund. Pandora inspecting the ring does not remove the retailers liability. Pandora will replace the ring for the retailer at no charge, and the retailer will offer you the new ring. You will then have to choose to take the new ring which is being offered or you insist on the refund. I would suggest it better to insist on a refund immediatly, any delay might imply you are happy to see what Pandoras inspection reveals, or what they intend to offer (which will not be a refund, but an exchange, or worse, they might say you caused the damage).

[spinningfish]

Thanks Nicola.

 

Despite repeated contact with them requesting the refund, numerous call backs promised, and ignored emails, Pandora have come back with the findings of their 'report' only today!! They are again refusing to refund, saying they will only replace the ring as it is not a 'manufacturer's fault'. Surely offering to replace the ring admits their liability?

 

Anyway, we still want the blasted refund, so is it now time to go down the Trading Standards route?

 

Many thanks again.

[perplexity]

The difference between the right to request a repair or replacement and the right to rescind the contract is that in order to to rescind a contract, a misrepresentation must be proved.

 

The liability to conform to contract (Part 5A of the Sale of Goods Act) and the liability for misrepresenting (Misrepresentation Act 1967) are different issues.

[locutus]

How did you pay? If by Visa get your provider to do a "chargeback"