Buying jewelry is not only a pleasant event, but also very costly. But, much to my disappointment, even expensive products are not always of the proper quality. What should I do if a defect or defect is found after purchasing the product?
Is there a guarantee for jewelry and which one?
Despite the fact that jewelry belongs to the category of goods that cannot be returned and exchanged, you can give them back to the seller.
Exchange and return are not subject to those products that are goods of good quality. In cases where a defect has been identified on the jewelry, it can be returned to the seller. He, in accordance with the law "On Protection of Consumer Rights", is obliged to exchange the product for a similar one or to refund its cost in full.
Even if more than two weeks have passed since the purchase, you can return the product back. So what is the legal warranty for jewelry?
Warranty Periods
Each manufacturer must determine the warranty period for his product. For each decoration, it is set individually, depending on the complexity and metal used. However, it is established on jewelry at the legislative level. The question arises: how many days or months is the guarantee for jewelry under the law?
According to article 18 of the law “On the Protection of Consumer Rights”, for all products from precious metals and stones, its term is set, the duration of which is two years.
The industry standard 117-3-002-95 also gives the right to a product warranty period. According to him, the buyer has a legal right to return the product of inadequate quality, as well as if he was found to be defective or product defect within six months from the date of purchase.
In addition to the warranty period, the product has a lifetime. If the marriage was discovered during this period, then you can safely contact the seller. He will be required to repair or replace the product.
Which products are subject to return
The guarantee for jewelry is established by law for a period of up to two years. At the same time, neither the price of the product, nor its weight, etc., matters. In a word, absolutely all jewelry is subject to guarantees. Therefore, you can return any product that turned out to be of inadequate quality through no fault of the buyer. Defects in products are different. The most common are the following:
- Bad or not working locks on chains and bracelets.
- Loose fixing of stones in the frame or the absence of one of them.
- Burrs, scratches and other irregularities on the surface of the product.
- Cracks or dark spots on stones or pearls.
In the presence of at least one of these defects, the seller or manufacturer must take the product back. In return, he can:
- fully reimburse the cost of the purchased product;
- exchange it for a similar one;
- make repairs at your own expense.
In case of replacement with another product, the cost is taken into account by agreement of the parties. So, if the buyer decided to purchase another product at a lower price, then the seller must return the difference. Conversely, if a new product has a higher cost, then the buyer pays the missing amount.
Even if a stone falls out, the guarantee for jewelry is valid, but only if it happened before it expired and there is no fault of the buyer. In such situations, an examination is conducted to identify the guilty person.
Jewelry Expertise
Jewelry expertise is required in contentious moments. With its help, you can identify the guilty person. Since jewelry stores do not want to lose profits from sales, they will order an examination before taking the product back.
Based on the results of the analysis of the product, further actions of the seller will be determined. So, if the examination will prove that the marriage in the product was originally, the seller will be obliged to exchange jewelry or return its full cost.
The results of the examination can be useful in court, if the guarantee for jewelry under the law has not expired, there is no fault of the buyer for the defect, and the seller still refuses to take the product back. If the buyer is right, by court order, the store will not only be required to return money for the decoration or exchange it, but also pay for the services of an expert.
However, it is important to consider that if a defect in the product was discovered after the warranty period, but two years have not passed since the date of purchase, then, regardless of the result, the examination is paid by the buyer.
How to properly return the product under warranty
This issue is discussed in detail in Articles 18 and 21 of the Law on the Protection of Consumer Rights. Jewelry warranty is legally established by the manufacturer. Most often, its term is indicated on the product tag. In the absence of this information, in accordance with the law currently in force, the service life of a product made of precious metals and stones will be ten years from the date of its manufacture.
Regardless of whether there is a guarantee for jewelry or not, upon detection of a defect, the buyer has the right to exchange it or return the money spent. To do this, it will be necessary to write a statement addressed to the director of the store, in which the product was purchased with a defect or defect.
This statement must describe the reason for the return of the product of inadequate quality as much as possible. It is better to write it in duplicate. One of them should be given to the seller, and the second should be left to himself. Both copies must contain the signature of the buyer, as well as the signature of the seller who accepted the claim. It is desirable that it be additionally fixed with the seal of the store.
The second copy can significantly help the buyer in the event that the case will be referred to court for proceedings and to determine the guilty person.
Duration of Examination
After the buyer wrote and submitted the claim to the store, the term for its consideration begins. The seller agrees to make a decision within ten days. He may offer to return the money, make repairs at his own expense, or exchange the product of inadequate quality for a new one, but without defects. But he can also order an examination to establish the guilty person. The duration of the examination should not exceed three weeks.
In the event that the examination confirms that the defect in the product was originally present and the buyer is not guilty of this, the seller will be obliged to fulfill the above agreed conditions.
If the buyer chose to repair the product, then it will be made only at the expense of the store or the manufacturer. At the same time, the period of repair work should not be more than forty-five days.
What to do in a situation when the seller refuses to take the product back
A very common situation is when the seller does not want to take the product back. He does this intentionally and for his own selfish purposes. After all, replacing or repairing a defective product affects its profit. The guarantee for jewelry is legally retained even after fourteen days from the date of purchase. Therefore, you should not believe the words of the seller about its absence.
For this reason, the seller will be required to take the product back or schedule an examination. It is worthwhile to indicate to the seller your rights in accordance with the legislation of the Russian Federation.
Seller Tricks
Not wanting to lose the profit, many sellers are ready to try to deceive the buyer. Indeed, very often people do not know their rights, which is what cunning sellers use. Most often, the refusal to take back the defective product is explained by the fact that it falls into the category of those goods that cannot be exchanged or returned back. However, you are already aware that a defective product can be returned under warranty.
But here, the seller finds the reason for the refusal, saying that the warranty period of the product has expired and the buyer no longer has the right to exchange or return goods previously purchased. Remember an important point: a guarantee from a jewelry salon can never be less than that established by the manufacturer of the product.
Before you agree and leave, it is worth checking what warranty on the jewelry is indicated on the tag. You should also see the date of manufacture. It may come in handy in the absence of a warranty period. This happens, but very rarely. According to the law, the guarantee for jewelry in this case will be ten years.
What products can not be returned
Of course, the buyer is not always right. Sometimes a piece of jewelry can be damaged due to its fault. For example, if you handle it carelessly, you can break the lock or scratch the surface while trying to clean the product. In such cases, it is not possible to return the jewelry to the store under warranty.
In order to protect yourself from unnecessary waste of nerves and time, always check with the seller for the warranty period of the product and the procedure for returning in case of inappropriate condition.