My fiance purchased an engagement ring from Marios Jewellers. The ring was brought in to be re-sized. After our engagement took place we returned the ring, as i noticed two of the diamonds is lower than the rest, the staff then cleaned the ring and claimed that the diamonds are perfectly set.
We returned a day later and another sales consultant assisted and confirmed that the diamonds has dropped. It was sent away to be fixed. When we collected the ring 5 days later, we were told that it was not fixed and if we want the ring fixed, it will be charged for because it was not because of the re-sizing that the diamonds dropped. They in fact told us it was a design fault, which means they sold us a faulty product from the start. They refuse to refund stating that under the terms of their sales returns policy, no refunds will be given.
The terms of section 56 (read with s55) of the Consumer Protection Act make it clear that any contract term that attempts to exclude or restrict my statutory rights will be unenforceable.
The term they refer to has the effect of taking away my right to reject goods that are defective and therefore is unfair and unenforceable.
0 comments