Fight for your Rights: there was no sparkle in my diamonds from TKMaxx

I recently bought two pairs of 9 ct gold and diamond earrings from TKMaxx UK online.

However, neither of the earrings look like what was shown online. The first pair was nice and shiny on the website, but is dull and grey in reality. The other supposedly was to be 0.3 ct total weight. To me, it seems like diamond dust – It is small and flimsy.

These earrings cost £149.99 and £119.99, respectively. The items are in their original packing and have not been used. Frankly, they don’t look like diamonds and if they are diamonds, the quality is certainly not as originally described because there is absolutely no shine at all.

I would really like to have a refund, but when I went to the store it told me that refunds are not given for pierced earrings for reasons of hygiene and that this was indicated in its refund policy. I would really like my money back.

Can you help ?

SN/London

"It is quite common for online retailers to exclude pierced jewellery from their returns policy due to concerns about hygiene, so it’s something to think twice about – especially if you are buying a gift.

On TKMaxx’s website, it says: “If you change your mind, no problem – you can return any purchase except pierced jewellery or gift cards for a refund within 28 days of the despatch note provided it is in fully re-saleable condition.”

However, under the Consumer Rights Act 2015, goods must match any description given at the time of purchase, so SN did have a case if the earrings didn’t match the online description or photographs.

 

When I spoke to TKMaxx, it was happy to have a closer look at the earrings to see if they were not as described.

A spokesperson for TKMaxx says: “Our returns policy excludes earrings, but of course this is subject to a customer’s statutory rights. The earrings are now being returned by post so we can confirm that they were not as described and issue a refund.”

SN says: “I am pleased that TKMaxx used its discretion when it came to checking the quality of the earrings and I have now received a full refund.”

Outcome: TKMaxx refunded the £268.98 cost of the earrings.