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Consumer rights, earrings for pierced ears

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kia cat | 04:35 Tue 13th Sep 2011 | Shopping & Style
4 Answers
I know shops won't exchange on pierced earrings, for hygiene etc. but my wife bought a pair of small gold hoops [smaller than a 5p in size] from a well known chain for £30. The first one bent out of shape, the second got dented by her fingernail. She expected to be offered an exchange, credit note or the chance to trade up, but no, the best they'd offer is sending them back to their HQ; for a decision - which could take as long as three weeks! Isn't there a phrase in the Sale of Goods act [or similar] about stuff being of a "merchantable quality" ie fit for the purpose that you bought them for? any advice please?
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http://whatconsumer.c...he-sale-of-goods-act/
For your perusal

Were they hinged? (Unlikely I know because of the size)
I wear small earrings, but nothing as small as that in my ears
My nose ring however, is smaller than a 5p piece, was very difficult to put in, it took lots of puling bending and fiddling, cost less than £2 but didn't lose it's...
06:02 Tue 13th Sep 2011
http://whatconsumer.c...he-sale-of-goods-act/
For your perusal

Were they hinged? (Unlikely I know because of the size)
I wear small earrings, but nothing as small as that in my ears
My nose ring however, is smaller than a 5p piece, was very difficult to put in, it took lots of puling bending and fiddling, cost less than £2 but didn't lose it's shape whatsoever so I would certainly expect a £30 pair to have a lot more sustenance to them so they wouldn't get the indentation of a finger nail
For me, this would seem the earrings are not 'fit for the purpose'
Question Author
Thanks Pink Kittens, no, not hinged. will read the what consumer bit next, thanks mate, X
Your rights when things go wrong
If you buy goods from a trader and they are not of satisfactory quality, fit for purpose or don't match their description, the trader will probably have to put things right. It is the trader who is responsible for this, and not the manufacturer. If a trader tells you the manufacturer is responsible, or that you have to make a claim on a manufacturers' guarantee, you do not have to accept this.
Depending on the circumstances, you may have one or more of the following rights:
• to get all of your money back
• to get some of your money back
• to get the goods repaired
• to get the goods replaced
• to get compensation.
You will not have these rights if:
• there is nothing wrong with the goods – you have just changed your mind about wanting them
• you examined the goods, or a sample of the goods, when you were buying them, and the fault you want to complain about was so obvious that you should have noticed it
• the trader pointed out the defect that you now want to complain about
• you have damaged the goods yourself
• the problem is the result of normal wear and tear
• the goods have lasted for as long as could reasonably be expected.
Question Author
Thanks, Hettster, am in the midst of composing a letter to their Head Office and will await their response!

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