Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Defective gift

Options
  • 02-03-2009 1:33pm
    #1
    SarahSassy
    Registered Users Posts: 3,145 ✭✭✭


    My BF bought me a bracelet in a well established jewellers in Dublin last Thursday. It has charms on the bracelet made with emeralds and rubies and Friday evening, after one day of earing it I noticed when I looked at it the clasp a stone was gone. On closer inspection another emerald was cracked. They have offered to repair it but I am not happy with that and want my money back… What are my rights?


Comments

  • Options
    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    You have no rights what so ever; your bf on the other hand has all the customer rights as he was the original buyer and entered into the contract with the store.

    Having said that it comes down to if it was of merchantable quality or not. I'd lean on that it was not pending on how/where you used it (i.e. going mountain climbing with it or normal casual wear) which would allow the contract to be reversed.


  • Options
    #3
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Your boyfriend really needs to deal with this
    Your rights are:
    - Replace
    - Repair
    - Refund
    But the shops gets to choose which you get...its not upto you,


  • Options
    #4
    SarahSassy
    Registered Users Posts: 3,145 ✭✭✭SarahSassy


    Nody wrote: »
    You have no rights what so ever; your bf on the other hand has all the customer rights as he was the original buyer and entered into the contract with the store.

    Having said that it comes down to if it was of merchantable quality or not. I'd lean on that it was not pending on how/where you used it (i.e. going mountain climbing with it or normal casual wear) which would allow the contract to be reversed.

    It was the first time I wore it and I was taking a train journey - that was the extent of it, there was no rock climbing etc and it was gone within 24 hours of purchase. I collected it and paid for it at that time so I suppose I am the original buyer... Can I insist on refund?


  • Options
    #5
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    SarahSassy wrote: »
    It was the first time I wore it and I was taking a train journey - that was the extent of it, there was no rock climbing etc and it was gone within 24 hours of purchase. I collected it and paid for it at that time so I suppose I am the original buyer... Can I insist on refund?
    That is a very odd way for a bf to give a gift, but I'll leave that for another forum and time.

    You can always insist on a refund but the store may insist on the three Rs (listed by Cabaal above) as well (i.e. repair/replacement) instead of giving you the refund. Your best bet would be to argue that it was not of merchantable quality when it was sold and based on this you want to reverse the contract. If they don't agree with a refund your only real option left is small claims court (don't bother with the whole solicitor letter etc. which some times are brought up) which would take a couple of months give or take.


Advertisement