To demand a refund?

[BirthdayStress]

I bought a ring for 2.5 K at the weekend. I only wore it straight after buying it to get a coffee and then put it back in the box until last night. I looked at it with my phone light to look at the sparkles and I noticed it’s got a scratch on the band. I’ve emailed the company and they are basically saying that I must’ve done the damage and they can only offer a polish and the 18 carat gold is known to be fragile. I am saying that I would like a refund under the consumer rights act 2015 as I was made unaware that it was this fragile, although I’m pretty certain the damage was not done by me they are offering to polish et cetera but I am saying that if it is causes damage by this light use then I do not want the ring as I was made unaware that I wouldn’t be able to wear it for three hours or less without damage see photos they are claiming it was not damaged when it left the shop but surely it is my word against theirs and I myself did not notice the damage until actually my light on it. Does anyone here know that consumer rights please and could advise me on where I actually stand as obviously I don’t always trust AI thank you.

@Alarae That did cross my mind. If they carry on refusing a refund in person tomorrow I think that might be my next port of call and asking if they might write up some kind of report. I feel like I’m being fobbed off too. They’re very much pushing the “free polish that is normally at a cost” gee thanks, just bought a 2.5k ring off you and you’re kindly offering me a polish cos it’s scratched to hell after wearing it to drink a coffee 🙄

OP, I can understand your concerns about believing everything AI and Google tell you, but having Googled it myself, I think it's pretty clear that you DO have rights under the 'Consumer Rights Act 2015', however, if you want to be sure, contact Citizen's advice. This is what I picked up on:

Yes, your rights are exactly the same. Under the Consumer Rights Act 2015, buying a physical item inside a retail shop gives you the exact same protection regarding faulty, damaged, or poor-quality goods as buying online.

The only difference between buying online and in-store is for "change of mind" returns. Since your ring has a deep scratch and is not of satisfactory quality, the law treats it as a product fault, and your in-store rights are fully protected.

It seems that in the first 6 months after purchase, it's on the jeweller to prove that the ring was not damaged before you purchased it, rather than the other way around.

It also said that you can shut down the argument about knowing that all gold scratches easily with the following:

"While I understand 18-carat gold is a softer alloy, a reasonable consumer expects a brand-new ring to withstand three hours of normal wear without sustaining a deep scratch. Gradual wear-and-tear is expected over time, but a deep gouge within hours points to a pre-existing defect or a lack of satisfactory quality at the time of sale. Under the Consumer Rights Act 2015, the burden remains on you to legally prove that this damage was caused by abnormal impact or misuse during those three hours. Otherwise, I am fully within my short-term right to reject the item for a full refund."

If all else fails, assuming you paid on a Credit Card, claim back through them, but I really wouldn't totally discount Google's response to this situation.

But a polish literally will fix it?

If you get your way and they refund or replace, is your plan genuinely to get a band made of a tacky composite material so it doesn't scratch? Crazy!

I have two 18ct gold rings and have worn them for 10 years. Never take them off. I have a small holding so lots of outside activity. Barely any scratches on them; and nothing like the mark in your photo. 18ct is soft; but not THAT soft. You’re supposed to be able to wear it.

The second photo is much clearer and no, I wouldn’t be happy. I wouldn’t expect to see any wear and tear after 3 days.

My engagement ring the stone fell out within a few months. They replaced it and the bloody thing fell out again a few weeks after that! They gave me a full refund.

But that's because there was an actual fault in the manufacture.

There is nothing to do with the manufacture of a ring where the process is literally: get 18 carat gold > melt 18 carat gold > put it in a ring mold - that could be done right, wrong or indifferently to make the underlying material more or less likely to scratch.

I’d love to be made unaware of a few things 😂

Do we think they have been scammed then? And it's not real gold or it's being sold as such and it's plated?

Yes it looked like a disposable razor to me a first lol....then I could finally see it was a ring :)

My argument is - I didn’t do the damage and even if I did, it’s not up to standard if wearing it for that amount of time causes that significant damage so it’s unsatisfactory durability. - unsatisfactory durability!! It is gold; it is soft. Jewellers cannot go out and buy durable gold - they just buy gold.

You do not have a leg to stand on in terms of a refund. They have offered to polish it away - I would accept that with a good grace.

It looks like it’s quite divided on opinions here! I need to ring Martin Lewis haha.

OP PhilipnStoner in Leeds are excellent professionals. Their lighting is good, they handle all items with gloves and care and show you every angle before they let you try something on.

With your attitude here then I am not surprised you are not getting what you want. You should have had a proper conversation, not shout accusations at them.

What do you want from your ring? Have you chosen the wrong one?

If you love it, as you should having spend time choosing an engagement ring, as others have said, accept it’s happened and let them polish it and move on.

knowing this business having shopped there myself I really do not believe that they sold it to you damaged.

Hi OP, this is a useful guide on consumer laws: https://www.businesscompanion.info/en/quick-guides/goods/selling-and-supplying-goods

This bit is particularly useful I think:

Q. A trader cannot ascertain whether an item is faulty or whether it has failed due to misuse. What should they do?
A. If a consumer wishes to exercise the short-term right to reject the goods, it is for them to prove that the fault is not due to misuse. If a consumer claims a repair or replacement (or, if these fail, a price reduction or rejection) within six months of delivery, it is for the trader to prove misuse. After six months, the onus falls back on to the consumer. In any case, if the trader cannot agree on the cause of the fault, the trader may wish to obtain a second opinion - for example, from the manufacturer or an independent expert. Where an independent expert is to be used, the consumer and trader would ideally both agree to this in writing.

Surely the shop will say it wasn't like that when you bought it, so not their problem. Unless you have a photo of it when you bought it, I can't see how they need to refund. He said she said .

Demand? Oh dear 😂

@MyKindHiker the ring looks to be 18ct white gold. White gold is yellow gold that is plated with Rhodium to give it a ‘white’ appearance. I don’t know whether your ring was scratched on purchase or not @BirthdayStress Unfortunately jewellery can get scratched accidentally as soon as you leave the shop. That is probably why the store is not accepting responsibility. A bit like a brand new car getting scratched as soon as it leaves the showroom. If you love the ring @BirthdayStress just let the store polish it. It will look like new again but there is no guarantee that it won’t get scratched again with further wear. White gold will need further Rhodium plating at some point to keep it ‘white’. I am about to get it done to my 18ct white gold eternity ring.

Gold is soft. There's no way you'll ever be able to prove it was damaged before or after it left the shop, so if you love the ring then I'd take the polish and enjoy it.

82% think you’re unreasonable!

are you still engaged?

Just re read the whole thread, I’m not seeing divided opinions OP. I see a few that support you but very few. Take your rose tinted glasses off, stop demanding and start listening.

Or let DP have the ring, and his life, back and move on.

That was clever.

Paying 2.5k for a ring without inspecting it first wasn't though, to be honest; maybe you could get a second opinion but I would probably take their offer.

For those saying it is up to the retailer to prove it wasnt damaged before they left. This isnt a pair of trousers. Its a £2500 engagement ring. The entire purchase process is based around how it looks. Touching it, looking at it and inspecting it. Unless the jeweller didnt even take it out of the box then it left in good condition.

The jeweller just has to show the cctv of the OP purchasing it and they have proof it wasnt damaged.

I would return to the seller and say you're unhappy with it and not happy about the offer of a polish. I'm not sure how a polish would even remedy this. If anything they should offer to repair that part of the gold band. Is it a proper jeweller?

Take the refund back yourself by logging it as a scam with your bank ir credit card company

It’s a high end independent. I have shopped there. Everything is handled in gloves, trays, shown 360 before they put it on you. £2.5k is entry level for them