# Am I entitled to full refund, shop only offering credit note..



## becky_1979 (20 Oct 2009)

Hi Everyone

Partner bought me engagement ring from small family run jewelery shop in my town In February, a few months later, much to my upset and disappointment, one of the small diamonds fell out, (its a cluster style ring), we asked for money back, but shop would not do, and sent it away to get fixed instead. 3 weeks later I got the ring back. 

Last week the same thing happened again, with what looks like the same stone, I was horrified.  It happened after I lightly knocked my hand against furniture. The ring is clearly faulty as an engagement ring is meant to last for life in my opinion!  

Went back to jewellers and once again they refused to give refund, even after we said it was within our consumer rights, they said once again, they would only give a credit note.  

Is the shop legally obliged to give us a refund or are they within their own rights to just give a credit note and nothing more?  We desperately want our money back and want to go elsewhere.


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## mathepac (20 Oct 2009)

[broken link removed] - HTH


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## becky_1979 (22 Oct 2009)

Thanks, but checked this site out before hand anyway, and stated to shop contents of this site, but it had no effect what so ever.


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## Lou34 (22 Oct 2009)

Under the *Sale of Goods and Supply of Services Act 1980*, anything you buy from a retailer must be: 

<LI class=style8>of merchantable quality <LI class=style8>fit for its normal purpose, and reasonably durable 
as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.
When you buy goods from a retailer, you make a contract with him. He agrees to provide certain goods to you for a certain price. If your purchase turns out to be faulty, the retailer, not the manufacturer, is responsible to you and must sort out your complaint. You are entitled to a *refund,* a replacement or a repair.  

If they refuse to cooperate you can lodge a claim with the Small Claims Court which is a relatively straightforward procedure.  Good luck!


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## sam h (22 Oct 2009)

Bring in a copy of the relevant parts of the act & advise them that if they do not provide a full refund you will take them to small claims court.

Very silly attitude on their behalf as bad word of mouth can be lethal to businesses in small towns


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## SparkRite (22 Oct 2009)

As far as I know you are entitled to a refund/replacement/repair and nowhere does the "Sale of Goods and Supply of Services Act (1980)" allow for a supplier to insist on giving a "credit note".

As you have already allowed them to try and repair the purchased item, albeit unsuccessfully, IMHO you would be entitled to one of the other two choices. As you have stated you would prefer a refund and to that end I would suggest that you set out this preference in writing and send it registered post to the supplier (keeping a copy for yourself). If after this you still do not recieve a satisfactory outcome, then I would without any further contact with the supplier or any hesitation file a claim in the small claims court (assuming the claim is not over 2,000 euro). This will cost you 15 euro and is normally quite successful.

Keep us posted on events.......


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## becky_1979 (22 Oct 2009)

Thank you so much everyone for your replies! 

Going to try again tomorrow taking a printed copy with the relevant parts of the act, hopefully showing them my rights in black and white will be more successful than just speaking them.  Will post update on how I get on!


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## becky_1979 (22 Oct 2009)

sam h said:


> Very silly attitude on their behalf as bad word of mouth can be lethal to businesses in small towns



I was shocked by their attitude to be honest as its a small business that has been around for years and I expected a lot more.  And the way that bad word can get about in this town (like alot of Irish towns) is very fast!


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## SparkRite (22 Oct 2009)

becky_1979 said:


> Thank you so much everyone for your replies!
> 
> Going to try again tomorrow taking a printed copy with the relevant parts of the act, hopefully showing them my rights in black and white will be more successful than just speaking them. Will post update on how I get on!


 

I wouldn't hold out too much hope on this making any difference, as I'm sure they are well aware of your rights, generally much better to put it in writing. 

But you never know.......here's hoping.........


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## Black Sheep (25 Oct 2009)

You need to put your request in writing to the shop-owner (as SparkRite has said).  Also state that if you do not get a favourable reply within 7 days you will be making a claim in the small claims court.

If this goes to the small claims court you will need *written* evidence that you requested the refund and his letter of refusal.

Do* not* be tempted to accept a credit note


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