Refund/ Exchange Policy

[originalang]

I'd be grateful for any advice please. I bought my friend a pair of earrings from a reputable jewellers as part of her 50th birthday gift. She only wore them once and the stone came away from the setting. According to the receipt earrings and pierced items are exempt from the exchange policy, does this mean I have no rights?

[dzug]

No - it means you have normal consumer rights, unenhanced by the exchange policy.

[originalang]

Thankyou dzug for your help, much appreciated.

[Buenchico]

Further to Dzug's post:

The 'exchange policy' relates only to goods which are not defective. You retain your normal statutory rights in respect of defective items.

When goods are defective, your right to a refund (rather than to a repair or replacement) only lasts until the point when you've legally 'accepted' them. The length of the 'pre-acceptance period' isn't defined in law but it should give you time to check that everything is (apparently) OK with the item. Once the pre-acceptance period has ended, you still have the right to demand a replacement or repair, but not to a refund.

My opinion is that, if the stone came away from the setting on the first time that the earrings were worn, they've never been legally 'accepted' and you therefore retain the right to a full refund. However, if you'd be happy with a replacement or repair it might be simpler to press for one of these options, as it would avoid having to argue about whether the earrings had been 'accepted'.

Chris

[THECORBYLOON]

Strictly speaking, it is you as the purchaser who has the rights, not yir friend. If you have a look here, http://www.berr.gov.uk/consumers/fact-sheets/p age38311.html it gives the basic facts. For the first six months after purchase it is up to the seller to prove the item was not defective, after six months, it is up to the purchaser.

[originalang]

Thanks folks for all your help, I was hoping I could approach the store for a replacement at least and now I have a better idea of what would be reasonable for me to expect. I was just so disappointed and embarassed this should happen when it was such a special birthday and she's a close friend. Thanks again.