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H Samuel broken jewelery return

Posted 26th Sep 2013

i had bought a ring for the missus 5 months ago in H Samuel however it has now broken at the bottom of the ring (the thin part) brought it to a H Samuel store not the original store where it was bought from, and they would not replace but instead offered a repair which we refused after some discussion they agreed to send it away to their quality control team to be assessed whether the damage to the ring was accidental or a manufacturing fault, what rights do i have here if this report comes back as manufacturing fault are they obligated to refund or credit note?

If the report comes back as accidental damage by the buyer can i take this further surely the managers decision and that of their own quality control isn’t final in this instance is it? I have read online about getting my own report done and sending it away to head office along with the product and if required take them to the small claims court. Surely shouldnt have to go this far with it. Anyone that has had any experience with this that can help would be appreciated.

Thanks for reading
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why not take the repair? surely it gets melted/lasered polished so you cant see it
or is this in case its faulty and may break at another point of the ring?
obviously its annoying but is your missus not 'attached' to the ring now?
It's the store's option whether to offer a refund, repair or replacement. Obviously you can state your preference but H Samuel are perfectly within their right to offer a repair. If it comes back from quality control as accidental damage then you may have lost out on the free repair they have offered as they will not be liable for this at all.

Small claims is irrelevant as H Samuel have met their requirements under the Sale of Goods Act by offering a repair.
Edited by: "BeerDrinker" 26th Sep 2013
BeerDrinker is correct. Being a jeweller I would always insist on repairs as "who's fault it was" is extremely hard to prove especially with rings.If It was a straight cut then experience would tell me the gold has started to "pit" and the fault of the ring.
how is it possible to accidentally break a ring though?
aren't they pretty strong?
What's the problem with a repair, providing they make it "good as new"?
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