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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

3 week old ring and diamond fallen out.

19 replies

babaloulou · 21/01/2013 07:23

My DH gave me a lovely diamond ring for Xmas. I have worn it on and off for 3 weeks and one of the diamonds has fallen out. DH still has the receipt so off to shop we go for what I thought would be a simpe replacement.

They offered to send it off for an estimate to get it fixed, for me to pay for. They said I must have knocked it as the clasp had come loose, I do not have a manual job and cannot remember banging it hard anyway. They then studied it and compared it to another ring and questioned how long I'd had it saying it was particularly worn! They wouldn't offer a replacement or to fix it as DH didn't take out the insurance on it and said you wouldn't buy a car without insurance! Well I wouldn't expect my brakes to fail within 3 weeks either but your ring hasn't managed 3 weeks of pretty standard wearing.

Anyway the deputy manager said I would need to go in again today to speak to the manager.

Any legal or retail management people out there that can give me advice on my rights or are they completely right and it's just tough s**t!

MTIA

OP posts:
CabbageLeaves · 21/01/2013 07:27

Sale of goods act.... Must be it for purpose. (Wearing!)

Photograph it and photocopy receipts etc since they sound particularly unhelpful

CabbageLeaves · 21/01/2013 07:28

details

swallowedAfly · 21/01/2013 07:30

clearly 'not fit for purpose' and they noted themselves it was unusually worn which backs up that it wasn't right in the first place. just be really firm, keep repeating it wasn't fit for purpose and you'd really like to have a positive outcome so that you can shop with them in future, recommend them to friends, not have to take legal action etc.

Allaquandry · 21/01/2013 07:32

Products must be able to do as intended, and if a product is unable to do so within first 12 months then retailer (not manufacturer) must refund or replace. This is regardless of whether insurance was purchased. Clearly ring was not of required quality and needs replacement.

Can't remember the specific Act/clause but if someone doesn't come along soon you should be able to google it with something like retailer obligation faulty goods

littlewhitebag · 21/01/2013 07:33

You don't need insurance for something that breaks after 3 weeks! They need to fix or repair. Print out the info on the site cabbageleaves has directed you to. I think retailers do not believe that people know their rights.

Twattybollocks · 21/01/2013 10:12

I think they are taking the piss. Not fit for purpose at all. I have a diamond engagement ring which I wear day in day out and have done for years, and I have horses so it has a bloody hard life! The only ring I've ever lost a stone out of was a dress ring which a claw got bent on, but it was cheap pot metal plated in something else ( allegedly platinum) but since it was only £21 I wasn't overly fussed.

swallowedAfly · 21/01/2013 10:13

i think they try it on to see if you are weak and back down. stand firm and they have to follow the law.

i bought a watch recently that kept falling off as the clasp to close it was faulty. they tried to spin me some shit about me needing to send it back to them (at my expense) and 'then' they'd issue a refund. there was no way i should be financially penalised for them selling faulty goods and i told them they needed to pay for postage. they refused, i reported them to the site they sold through and i was issued a full refund.

they rely on the fact you won't push it and will give up and just go pay to repair the faulty goods they've sold rather than stand up for yourself.

PassMeTheWino · 21/01/2013 10:21

I had something very similar happen to me. DP bought me a ring and I ran my fingers through one day, it got caught everso slightly but it snapped off one of the sticky up gold bits that held the diamond.

The told me it was an engagement ring and "Isnt designed for day to day wear"
And I wasnt being gentle enough with it. And they'd have to send it off to be 'tested'. If it showed a fault with the ring then they'd refund me. But if it showed it was fault of mine i.e my being 'rough' with it snapped it, then theres nothing they would do about it.

It did come back as faulty, apparently. Id kicked up such a fuss Im not sure if that was the reason.

TheCraicDealer · 21/01/2013 10:39

You can claim off your household insurance for things like this, but frankly they should be either replacing or repairing it for free. Three weeks of wear? Seriously, there's milk in our work fridge that's older than that.

I'd take it to another reputable jeweller, ask them to take a look and see what they say. If they say it was obviously a bodged job then go back to the original jeweller prepared to argue.

thegreylady · 21/01/2013 10:48

My diamond ring is about 40 years old and I have worn it nearly every day. It has never lost a stone.

KatyTheCleaningLady · 21/01/2013 10:51

PassMeTheWine They said an engagement ring isn't for day-to-day wear?? Oh, that's rich.

I think I've seen the exact title of the law to invoke when dealing with them. Like, saying, "According to the Sale of Goods Act of 1978, this item must be fit for purpose or else..." and that shows them that you won't be jerked around.

I'm just too stupid to know exactly what the act title is. I'll bet Google knows!

marriedinwhite · 21/01/2013 10:54

How much is it worth OP?

I think they need to repair it free of charge but I think if the stone was valuable it is something that you need to claim for on your own insurance policy. My engagement ring came from a very reputable jeweller and one of the claws did come a little loose in the first month; I noticed and they sorted it no problem at all - I'm not sure they would have replaced the diamond foc though.

When I lost a diamond it was covered by our domestic insurance policy.

The car insurance issue is a red herring though - car insurance is a legal requirement in the UK for third party damage it is not a legal requirement for the damage/loss of one's own car. If you don't have fully comp. you don't get reimbursed for your own car and that's a risk people decide to take.

Original poster
babaloulou · 21/01/2013 11:09

It is only worth £100 so not worth claiming on house insurance.

On my way to see the store manager now. Thanks for all your advice will let you know how I get on.

OP posts:
Lonecatwithkitten · 21/01/2013 11:13

One of the biggest killers for claw settings holding stones in rings are wearing gloves they pull at the claw and gradually change it. If you want to wear a ring a lot you are better choosing a rub over setting.

NotSoNervous · 21/01/2013 11:16

I hope they change it for you

Original poster
babaloulou · 21/01/2013 12:24

Ring replaced out of goodwill. Thanks for your replies ladies

OP posts:
EuroShagmore · 21/01/2013 12:31

They might say goodwill, but they were legally obliged to repair or replace. They are just trying to look like the good guys. Glad it is sorted anyway.

Punkatheart · 21/01/2013 12:34

If you ever have problems like this people, tell them you are a consumer journalist - or that your friend is one...if they get stroppy. Mention Twitter too if they refuse to move.

Great you got a replacement!

swallowedAfly · 21/01/2013 12:46

must admit i've mentioned mumsnet once when getting messed about by a third party spa day seller - arrived at the place and it was awful, clearly not worthy of name 'spa' and freezing cold due to works going on. had a long drawn out going nowhere phone conversation then said i should mention that i am a local ambassador for mumsnet and i will write a negative review of your company if you are determined to try and rip me off Blush full refund given.

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