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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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I run a small art gallery in Scotland. We sold a necklace to

Resolved Question:

I run a small art gallery in Scotland. We sold a necklace to a customer on October 2012 for £150. She contacted us in December saying one of the three strands has broken We referred her to the jeweller who is happy to fix it but is abroad until match. The customer doesn't want to wait so has asked a local jeweller to fix it. Local jeweller has advised her to restring the other two strands as well. Cost is £18 a strand. , she wants us to make a contribution

While we accept we may need to offer her something (ideally a credit note) what are our rights as a retailer? How can we recompense her and ensure she doesn't come back every year with another problem?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

As a retailer you have an obligation to refund a customer for goods not of satisfactory quality or to repair them if the customer agrees to this, (the customer doesn't have to).

If the customer does agree to a repair and it is carried out by someone other than the maker of the goods then you have to make it clear that you will have no liability for any problem arising in the future as the repair is carried out out with your control.

You are also entitled to establish that the other two strands actually need replacing because of faulty design or workmanship.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Thank you
As a retailer is there any time limit on our responsibility to refund or repair faulty items.
Expert:  JGM replied 3 years ago.
There is no specific law giving a time limit for an item like this and the reasonableness test comes into play. You have to take into account how long ago the item was purchased, is it used or worn in any way, has it been abused. It is a matter of discretion but I would say this case is stretching the boundaries of what might be reasonable unless the customer can demonstrate that the fault lay in the making of the product to start with.
Customer: replied 3 years ago.
If think we need a refund policy for items over £100. Are we entitled to restrict refunds to credit notes for the same value if the item is returned intact within 30 days If the item breaks ,as in the present case, we would offer to return it to the maker for repair if the customer reports the damage within 6 months. Do we have a statutory obligation to offer customers anything after 6 months?

Your advice is very much appreciated. Fortunately this situation is the only one in 6 years of trading!
Expert:  JGM replied 3 years ago.
You don't have to take goods back at all unless they're faulty so it up to you whether you offer a credit note for goods returned intact.

As far as faulty goods are concerned the customer is entitled to a refund if the goods are faulty and it can be established that they were likely to be faulty at the time of purchase. Within and outwith six months are reasonable benchmarks for setting a general cut off date.
Customer: replied 3 years ago.
Customer is saying she is entitled to a £250 refund. Is she right?

Expert:  JGM replied 3 years ago.
No, of course she isn't.
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