does anyone know 100% if i should bother?

Question

i bought a diamond ring just before xmas and on there advise got it resized but it didnt fit once i recieved it back, and there jeweller said due to the design of the ring and the size of my finger it wont be able to fit but they wont give me my money back and i had not wore it as it dont fit and i bought it back as soon as they were open pplus i had my reciepts. after two written refuses from him and a call he wont return my money. so i am thinking of taking him to a small claims court as i spent ages saving for a ring to fit me. do you think the judge will favour me? sorry i know its a tad long!

Answer 1

Under the Sale of Goods Act 1979, when goods (your ring) are sold in the course of a business (as they are by the Jeweler) there is an implied condition that they are fit for purpose. In your case, fitness for purpose means that the ring is wearable. If it does not fit you it is not fit for purpose. This holds true when the jewelers specifically knew the ring was for yourself. This seems to be the case. They knew the ring was meant to fit your finger and they advised you on the resize.

Further, there is an implied condition that the ring be of satisfactory quality. Goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all the other relevant circumstances. Since you are a consumer, the relevant circumstances mentioned above include any public statements on the specific characteristics of the goods made about them by the seller or his representative, particularly in advertising or on labelling, but also including oral statements, such as the advice on resizing, unless the decision to acquire the ring could not have been influenced by such statements.

There are further provisions that protect your rights when a service has been supplied, such as the resize itself. There are implied terms that the work be done with reasonable care and skill. Try taking your ring to another jeweler and find out what size it is and whether it is officially the same size as that suggested to you when you ordered it.

Based on the brief facts you've provided, I think you have a good chance of success. Ofcourse, ultimately your success depends on the overall picture (including any matters you've ommited to mention), but generally, when you've paid a large sum of money to a chain jeweler (or any jeweler) and the resize that you've had done on their recommendations is unsuitable, I think the District Judge would be quite sympathetic.

Remember, the small claims limit is for claims worth less than £5000 (£1000 in personal injury cases). Your claim would be based on breach of contract, specifically, s.14 of the Sale of Goods Act 1979. Under Section 15 of the Act you have the right to reject the ring for if there is a significant breach of section 14. Do not forget to claim your Costs as well.

Hope this helps. Good Luck!

Answer 2

If you are in the UK, then the service should be carried out with reasonable skill and care under the supply of goods and services act 1982, any terms on the receipt are not part of the contract because they come after the contract has been concluded.
Make a note of any oral representations which were made to you just before the sale as well.
I would say you have a excellent chance of winning, but remember you are under a duty to mitigate your loss, so i would not bother going to another jeweller because it will alter the reason why you are making the claim, keep the ring as it is and get legal advice.

Answer 3

Oh, I'm so sorry about your ring..... sounds like the Jeweller screwed up.

See a solicitor who will probably write to the Jeweller. The solicitor will, most probably, give the Jeweller a certain amount of time to respond and also outline what action you are willing to take should you not be happy with the outcome . If no response is received from the Jeweller, the solicitor will then advise you of the best course of action to take.

Good Luck

Answer 4

Read the fine print on the receipt he has given you, he may be charging you for the effort which is legal as long as it is put on the receipt, however there is not right to charge for materials. Take it to another jeweler or several and get estimates as well as their opinions as to whether or not the ring can be re sized. Being as many statements and est mates as you can. Go for it it is only a $35 filing fee.

Answer 5

End of the day its up to the judge!
But if the person who sold you the ring is the person refusing you then the ring is clearly unsuitable for the purpose it was bought(wearing it) when he sold you it.
Forget the SCC for the time being, go to your local Trading Standards Office for advice but most of all DONT GIVE UP and tell the seller youre not going to.
Good luck!

Answer 6

They may find in your favor but I'm guessing this will be small claims court (the dollar amount for small claims varies from state to state but is usually somewhere around $2,000). The judge could find in your favor but getting them to pay is still tough. It might be worth while on principle alone.

Answer 7

You have a reasonable case. It's small claims court, so you don't need a lawyer. I'd try it. You only have a small filing fee to lose and a lot to gain. I think a judge would be sympathetic.

Answer 8

A step you might want to try before going to court - If the jeweler is part of a chain of stores, you might want to contact their corporate customer relations department.

Answer 9

It sounds like a cause of action. It would be simple to file a lawsuit and probably get some justice and satisfaction. It will take time and some money, I don't know if its justifiable.

Answer 10

You'll lose. However, take the ring to a different jeweler to get it sized. Another jeweler can probably get it to fit you....