Can I have my money back

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Poison-Ivy | 22:11 Sun 27th Jan 2008 | Law
5 Answers
Mr Poison brought me an eternity ring in August but didn't give it to me until the end of Nov (special occasion) so had only been wearing it less than 2 months. Anyway in early Jan one of the diamonds was missing and another coming lose as the claws were bent and not holding them in. Took it back for repair (under protection he took out). When we went back to collect it, it was in an appalling condition, some of the stones were "black" and it really looked none to clever. The shop said they will send it back again as it shouldn't have been past through quality control like it.

However, I'm not happy about it at all and feel rather deflated to be honest, its kind of lost its magic now. Am I entitled to a refund?

The ring cost �500 and was from Ernest Jones.


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Did it come with any kind of gurantee or those insurancy thingys (technical law term that word 'thingy') you can sometimes get when you buy jewelry? (Well watches in my experience). If yes then have a read of that and see what it says. Or just ask.

If it looks like a no then it might be worth writing a letter of complaint to their customer services. Big companies often bend over backwards to help and it might be that they can refund you and you can buy something nice and new and sparkly that recaptures the magic a bit for you.
Your right to a refund, in respect of a faulty item, only exists until the point when you're legally deemed to have 'accepted' the item. Basically, it gives you enough time to get it home and check that everything is OK. With some items, the 'pre-acceptance period' might be relatively lengthy (e.g. you might buy a car in January and not think to check that the air conditioning is working until the summer months). However, for most purchases, the pre-acceptance period usually only lasts a day or two. (By wearing the ring for several weeks, you've clearly shown that you've 'accepted' it).

Once the pre-acceptance period is over, you have no right to a refund. Your only right is to demand that the retailer (not the manufacturer) remedies the fault by either repairing the item or replacing it. (You can indicate which of these options you prefer but the retailer can substitute the alternative remedy if the cost of your option is clearly excessive).

Because you have no right to a refund, 'official' complaint routes (e.g. Trading Standards) may be of little use to you. If you want to jolt Ernest Jones into action, it might be better to let it be known that you intend to take your grievance to the press. (Most firms would rather lose �500 than face bad publicity).

I agree with Chris, but I feel very sorry for you poison-ivy, because I'm sure the ring meant so much to you when you received it. Diamonds shouldn't turn black, and yes, if it was me, i'd tell the shop that if they don't give you a refund or an exchange, you're definitely going to the papers. Best of luck - x
You could claim on your household insurance policy and the diamond will be replaced if you can't get satisfaction from Ernest Jones.
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Thanks everyone for your replies, gonna try for a refund or at least a different ring. I work for a media company so hopefully that may help a bit to give the company name a mention!

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