Q: Three months ago I purchased a ring from a local jeweller but after only a week I had to take it back to the shop because the diamonds on the ring were falling off.

The shop took it in for repairs and after a week I picked it up. The following week the same thing happened and I had to go back to the shop to have it repaired.

After the second repair, the same problem occurred. I now left the ring at the shop, as during the last repair I was told that if it happened again, they would take the ring back and give me a credit note instead.

I do not want a credit note but a refund. However, when I made such a request, the seller told me that he is legally obliged to offer me a replacement not a refund.

I was also told that refunds are only applicable by law if the agent is not able to replace a defective product.

I would like to know if this is really the case before I accept the seller’s offer. If yes, what if the new identical ring has the same problem? Would it mean that I have to go back and forth once again like I did with the previous ring?

A: The seller is correct in saying that he may opt for replacing the ring with a new, identical one rather than cancelling the sale and refunding you the money paid for the ring.

However, if the replaced ring also results defective, then you may refuse any further repairs or replacements and ask for a money refund.

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