Consumer rights when a product repair fails?

[LandmarkRhodes]

Would greatly appreciate any thoughts on my rights in this situation. I have an item of jewellery that broke (the metal setting around a small diamond). It was outside of the original five year guarantee. I contacted the (online) store where it was purchased from and they sent it off for repair at significant cost to me. It was returned to me, repaired, about six weeks ago.

The repair has now failed, the metal setting has broken again and the small diamond is lost. I contacted the store again and they said they don’t guarantee any repairs that they undertake, so if I sent it to them again, I would need to pay again. I then took it to a nationwide jewellery store chain today and they said their repairs are always guaranteed for a year, and they encouraged me to strongly push back on the original store to correct their work.

I intend to follow this advice, but wondered if anyone is able to clarify whether I have any specific rights that I can quote for when repair work fails, and whether the company can legally claim that they can’t guarantee their repair work, and can charge me again for the repair? Thanks!

They don’t HAVE to provide a guarantee for the repair work

And they haven’t

so there is nothing you can do I’m afraid

Go to the jewellers that offer a year guarantee if you want repaired again

otherwise, I wouldn’t waste another second on thinking you can force the previous company to do something that is not remotely a requirement by law

I’m not quite sure that’s correct though @Woofster1because there are provisions in the consumer rights act about providing a service with reasonable care, or something along those lines. I’m just wondering if someone can point me in the right direction.

It is

a repairer does
not have to offer a guarantee

think about it - they are in the business of repairing broken items. It would be utterly unreasonable for the law to obligate them to provide a guarantee!

I speak the truth and this is my area so take the advice or leave it… no skin off
my nose!

The term is implied into any contract that the service has to be performed with reasonable care and skill- s49 Consumer Rights Act 2015. Section 54 sets out the remedies you’re entitled to if it’s not https://www.legislation.gov.uk/ukpga/2015/15/section/49

I think you’re right in that it was a service and arguably if the repairs failed so soon it wasn’t performed with care and skill. I’d perhaps point this out to them. If no success you can try the Consumer Service of Citizens Advice for assistance https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

Thank you for your reply. If you don’t mind me asking, are you a lawyer or similar as you have mentioned it is your area? What do you think of the other reply that seems to agree that I have a right under the consumer rights act? Interested in all opinions and outcomes of similar scenarios. Thanks!

Citizens Advice employee for 4 years.

Thank you @Goldenmimx I think this is what I was thinking of, and interesting to hear you agree I might have an argument to make. It’s worth another ask I think.

Good luck and let us know how it goes

Thank you. That’s good to know. If you don’t mind me asking further, why do you think the legislation posted by the other poster applies to me? As I’ve paid for a service, and that service has failed very quickly which leads me to believe it has not been provided with reasonable skill and care.

The fact that a repair has failed
does not mean that the repairer was at fault
A repair is an attempt to repair a fault
The likes of high street jewellers will be very explicit about the narrow parameters upon which their guarantee could be utilised

Anyway, as I say… I’ve given you my advice. Let us know how you go.

Im off to watch Cape Fear!

Thank you. Much appreciated.

Enjoy your evening!

No problem- worth a shot. I’m not aware of a repairs service being exempt but I haven’t delved into the Consumer Rights Act 2015 in any great detail on this point

Agree with @Goldenmimx.

Repairing a ring is clearly a service under the Consumer Rights Act. The jewellers don't have to provide a guarantee for any repairs they carry out, but they must perform the repair with reasonable care and skill. The repair failing after just 6 weeks strongly suggests that they didn't meet the required standard. If they continue to be obstructive, you will need a report from another jeweller detailing the flaws in the original repair so that you can prove the repair was faulty as the jewellers who carried out the repair are likely to argue that the failure was for some other reason. The Consumer Rights Act says you are entitled to repeat performance (i.e. they do the repair again) or a price reduction, but does not exclude other claims. In this case, I think you may be able to argue that loss of the diamond was a reasonably foreseeable consequence of a faulty repair, in which case they will be liable for a replacement diamond as well as the cost of fixing the ring properly.

No, they are not exempt.

If the seller had carried out the repair for free due to the goods being faulty and OP exercising her rights, OP would now be entitled to a replacement, a reduction in the original price or a partial refund. However, as OP paid for the repair, it is a paid service which must be carried out with reasonable care and skill, within a reasonable time and for a reasonable price.

I would be very disappointed if the advice given by the other poster on this thread reflects the kind of advice given by Citizens Advice as it is clearly wrong.

I am a jeweller and we guarantee our repairs if they have failed due to our workmanship for a year. We can tell, for example, if a piece of jewellery has broken because it has been trodden on, or (the most common example) a chain pulled and broken by a small child!
In these cases we will charge for the repair. Always take repairs to a jewellers with an onsite workshop - they are specialists and they know what they are doing.

Out of interest, what would you expect to pay for this type of report? As a jeweller I am asked for advice and expertise all the time (what carat of gold is this? What gemstones are these? What is this worth? What is my ring size?) Whenever I mention a charge for these services people seem outraged!

I wouldn't be surprised if a jeweller asked me for £100-£150 for a report, possibly more if it was a particularly valuable ring. But I have never had to pay for such a report so this is a complete guess.