Does an allergic reaction to jewellery count as not fit for purpose?

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BetsyClark

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I bought a piece of jewellery for a friend and she has had an allergic reaction to it. She has returned it to me with the gift receipt.

My question is, does an allergic reaction to the product qualify as "not fit for purpose" and am I entitled to ask for a refund or credit note on this basis? There's nothing else wrong with the thing.

It was bought 2 months ago and the shop receipt says 30 days but I am hoping they will not quibble over the timing. I can't see anything on consumerconnect about a time limit on returns.


Betsy
 
I don't think this would come under the 'not fit for purpose' heading as there is nothing wrong with the jewellery and so it is fit for use, just not by your friend, unfortunately.

I would think it would be similar to buying clothes only to find they do not fit. There is nothing wrong with them so the retailer is under no obligation to issue a refund.

If you explain the situation you may still get a refund in the interest of good customer relations!
 
Your consumer rights pertain to faulty goods and as there doesn't appear to be any fault in the goods I don't see a consumer rights issue here. Did you explain to the jeweller that your friend had allergies and therefore required something special.

The 30 day policy mentioned on your receipt is above and beyond the statutory requirements and is given by the jeweller as an extra to the customer. It usually means that if you return the goods unused within 30 days they will give you a credit note or occasionally a refund.

However as your friend appears to have worn the jewelery for some time and the purchase was made more than 30 days ago you may have problems
 
I don't think I would return a gift to someone... if she had a gift receipt why didnt she return it herself?
 
I was wondering that myself. That was the point of including the reciept no?

Some people are not allgeric to gold but are gold mixed with some other alloys like white gold. So depending on what its was mixed with. That said I don't know if they advertised what is in it, or that is relevent to the description of the goods.
 
I would agree with others on the timing and why she didn't replace it herself.

However, as a reference point I returned an item of clothing for the same reason that it turned out after I put it on that I couldn't wear it as I was allergic to something in it. They were very obliging and did take it back, it wasn't worn I knew very quickly that I couldn't wear it - but I did feel that I was chancing my arm. I didn't feel that it was a given that they'd take it back.
 
My friend lives in the UK, and for her own reasons, it took time to return the gift to me, I got it today.

I knew within a day or 2 of her receiving it that it had affected her skin, and asked her to return it to me. I always include a gift receipt with a gift, where possible, in case of fault etc.

It is EPNS and she is sensitive to certain metals.

Thanks for your input. I will give it a try anyway.

Betsy
 
BetsyClark said:
I bought a piece of jewellery for a friend and she has had an allergic reaction to it. She has returned it to me with the gift receipt.
Click to expand...

Apologies to go off topic but I feel compelled to ask you, what kind of friend would return a gift from the UK because she is allergic to it? What exactly does she want you to do? Replace it with the non-allergic equivalent perhaps? Putting you through all this hassle.
Anyway the answer to your question must be no.
 
gebbel said:
Apologies to go off topic but I feel compelled to ask you, what kind of friend would return a gift from the UK because she is allergic to it? What exactly does she want you to do? Replace it with the non-allergic equivalent perhaps? Putting you through all this hassle.
Anyway the answer to your question must be no.
Click to expand...

and would tell you after 2 days but only send it back after 2 months?
 
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