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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a Platinum and Tanzanite solitaire ring from The

Resolved Question:

I purchased a Platinum and Tanzanite solitaire ring from The Jewellery Channel from their online catalogue for £2249.00 on the 14/03/2014. I have only worn the ring approx 3 times and have not subjected it to any rigorous wear. On the 30/01/2015 I was admiring the ring and noticed that part of the stone, on the side was rough. Upon closer inspection I noticed that part of the stone was missing. I emailed them immediatly informing the company of this and spoke to their Customer services department the next day. They asked for me to return the ring to them so that it could be inspected, they initially did not offer a free return, however at my insistence,they said that they would send me a returns label. After receiving the label I returned the ring, and emailed customer services saying that I had done so. I received no acknowledgment from the company to say that they had received the ring. On 02/03/2015 I received a phonecall from a customer service agent stating that " they will arrange for the ring to be returned to the manufacturer to be re-cut and polished. Some carat weight would be lost but their team would advise. The company would pay for transport costs and arrange a "cost price" repair for me to pay." It is my belief that the Sales of Goods Act 1979(as amended) states that any repairs should be free of charge. Also the company are refusing to accept that the stone was not fit for purpose saying that photographs taken at the time of admitting it into their inventory prove this. However it is and was my expectation that a ring as expensive as this would be more durable and last longer than 3 wears. What do I do now.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve please?

Customer: Ideally I would like a replacement, and if this could not be achieved a refund, or the stone recut and polished,reset and a payment made to me to recompense the lesser carat weight.
Alex Watts :

What is the difference in value?

Customer: That I don't know because as of yet the ring is still in their possession and has not been sent to India for the factories assessment. I don't know how much wastage there will be. The gemstone was originally 6.75 carats.
Alex Watts :

Ok, you need to get it valued when you get it back.

Alex Watts :

Then you know your loss and that is what you can sue for.

Alex Watts :

Bearing in mind you purchased it over a year ago I don't think you can claim a replacement.

Alex Watts :

Only the difference in value.

Alex Watts :

You need to write and set out your losses and request a refund of that difference within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Sorry, I put the wrong date of purchase it was on the 14/11/2014.
Alex Watts :

Ok, the above still applies unless a guarantee was given.

Alex Watts :

If a guarantee was then you can ask for a replacement.

Customer: Would a certificate of authenticity act as a guarantee? This shows a photograph of the ring and what it is made of and its carat weight.
Alex Watts :

No.

Alex Watts :

That just means it is authentic, not that it carries a guarantee

Customer: Ok then. Thank you for your help. Did not really want to go down the county court way but it looks as if that is what is going to happen. Thank you.
Alex Watts :

Indeed.

Alex Watts :

If this does answer your question can I ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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