They can probably sell it but not describe it as gold.
To be described as gold it needs a UK hallmark I think.
So did the shop describe it as gold? If they did it's a serious crime.
(Looking back in this thread "hanndav" said the same thing)
I said 'is it gold?' she said yes it is and theyd get in trouble for selling fake gold. She mentioned it again today. The manager said it was too since they test it all but something about the hallmark bugs me.
I would also like to say that if it said 10K i'd probably drop it but every keeps forgetting about this M which no-one can explain. Apparently is a date for 2011 but on the chart it was a small m.
As I understand it is a criminal offence to sell items as gold if they do not carry a UK hallmark.
The hallmark is NOT the 9K/18K/375 lettering (or 10K in this case) it is that logo/shape you see on proper jewelry, crowns and such like,
I'm sure they can sell stuff that has no hallmark, but to claim it is gold is almost certainly a crime. Whether the police would be interested I don't know. Maybe the council?
As I understand it is a criminal offence to sell items as gold if they do not carry a UK hallmark.
The hallmark is not the 9K/18K/375 lettering (or 10K in this case) it is that logo/shape you see on proper jewelry.
I'm sure they can sell stuff that has no hallmark, but to claim it is gold is almost certainly a crime. Whether the police would be interested I don't know. Maybe the council?
He said (from what I heard behind the glasS) that it was a foreign hallmark. It seems like alot of trouble to go through for £17, that's why I hoped they would just let it go but if they won't then I won't either.
Makes it clear what a hallmark is and it isn't numbers!
Ah,
"Any jewellery stamped '10k' is not legally recognised in the UK, and to describe it as 10k gold (or 9k gold) or simply 'gold' is against the law if you are UK based."
As I understand it is a criminal offence to sell items as gold if they do not carry a UK hallmark.
I've just checked my wedding and engagement rings (both 18k white gold) and although their are hallmarks they are both so tiny that you can't make it out with the naked eye!
"Any jewellery stamped '10k' is not legally recognised in the UK, and to describe it as 10k gold (or 9k gold) or simply 'gold' is against the law if you are UK based."
Good to know...
But they can still sell it and if questioned might simply say they never described it as gold to you.
But they can still sell it and if questioned might simply say they never described it as gold to you.
Hard to prove otherwise.
The item is probably 10K gold though.
Well I dont know, when I went in this morning they were adamant it WAS gold, therefore if they said "we never said it was gold" they'd be in trouble anyway because they're not allowed to sell anything that isn't gold.
I've emailed a couple of people who might be able to give me some answers and I'm going to go to the jewellers on the way to work to ask him. Honestly, if it's gold then fine I will be happy if not then I won't be! Oy... :sleep:
UPDATE: Spoke to them, they said because I signed their little contract thing it says no refunds or exchanges. They said they could sell 10 ct gold, I said I thought it was only supposed to be in 9,22,24 etc but they said it was okay. He said the M must be a date letter but on the poster for the hallmarks it was a small m not a capital M. I'm basically fuming because I'm sure you guys are right in that it's not allowed but if I can't prove it then I'm stuffed. I'm going to upload a picture of the hallmark shortly.
You ought to read both Sale of Goods Act (which sets out conditionis for second hand jewellery) and the Hallmarking Act.
If they sold it to you "as gold" and it doesn't meet the Hallmarking act, they have definitely broken the law. If they deny this and say they didn't sell it to you "as gold", then they have contravened the Sale of Goods Act*, making that "no refund/exchange" contract useless. Either way, the ball is in your court.
*
Trading Standards have come across jewellers who have displayed signs such as 'no refunds', which are illegal.
Goods must be as described.
Any description you use for the goods you are selling must be accurate, for example, a bracelet described as '18 carat gold' would be falsely described if it was 9 carat gold.
In reference to the second quote, the hallmark shows it is 10 carat gold so they must have sold it to you as 10 carat gold, which is against the law. If they say they didn't sell it as gold then the description isn't accurate.
You ought to read both Sale of Goods Act (which sets out conditionis for second hand jewellery) and the Hallmarking Act.
If they sold it to you "as gold" and it doesn't meet the Hallmarking act, they have definitely broken the law. If they deny this and say they didn't sell it to you "as gold", then they have contravened the Sale of Goods Act*, making that "no refund/exchange" contract useless. Either way, the ball is in your court.
*
In reference to the second quote, the hallmark shows it is 10 carat gold so they must have sold it to you as 10 carat gold, which is against the law. If they say they didn't sell it as gold then the description isn't accurate.
Okay good to know.. I remember when I complained that they kept insisting they have everything tested. Does that mean if it is tested it had to be re-hallmarked? I'm so mad I didn't pick up on the fact the manager said the M was a date mark yet that would only apply to UK pieces of jewellery, not foreign. I'm half tempted that the hoop is gold but the pendant might not be but I'd have to get it tested. This is so frustrating!
Has anyone had to get anything tested for gold? Does anyone know how much something like that would cost by a jeweller?
Comments
To be described as gold it needs a UK hallmark I think.
So did the shop describe it as gold? If they did it's a serious crime.
(Looking back in this thread "hanndav" said the same thing)
I said 'is it gold?' she said yes it is and theyd get in trouble for selling fake gold. She mentioned it again today. The manager said it was too since they test it all but something about the hallmark bugs me.
I would also like to say that if it said 10K i'd probably drop it but every keeps forgetting about this M which no-one can explain. Apparently is a date for 2011 but on the chart it was a small m.
The hallmark is NOT the 9K/18K/375 lettering (or 10K in this case) it is that logo/shape you see on proper jewelry, crowns and such like,
I'm sure they can sell stuff that has no hallmark, but to claim it is gold is almost certainly a crime. Whether the police would be interested I don't know. Maybe the council?
He said (from what I heard behind the glasS) that it was a foreign hallmark. It seems like alot of trouble to go through for £17, that's why I hoped they would just let it go but if they won't then I won't either.
http://eccedea.co.uk/epages/eshop171613.sf/en_GB/?ObjectPath=/Shops/eshop171613/Categories/15/2
Makes it clear what a hallmark is and it isn't numbers!
Ah,
"Any jewellery stamped '10k' is not legally recognised in the UK, and to describe it as 10k gold (or 9k gold) or simply 'gold' is against the law if you are UK based."
Good to know...
I've just checked my wedding and engagement rings (both 18k white gold) and although their are hallmarks they are both so tiny that you can't make it out with the naked eye!
But they can still sell it and if questioned might simply say they never described it as gold to you.
Hard to prove otherwise.
The item is probably 10K gold though.
Well I dont know, when I went in this morning they were adamant it WAS gold, therefore if they said "we never said it was gold" they'd be in trouble anyway because they're not allowed to sell anything that isn't gold.
You ought to read both Sale of Goods Act (which sets out conditionis for second hand jewellery) and the Hallmarking Act.
If they sold it to you "as gold" and it doesn't meet the Hallmarking act, they have definitely broken the law. If they deny this and say they didn't sell it to you "as gold", then they have contravened the Sale of Goods Act*, making that "no refund/exchange" contract useless. Either way, the ball is in your court.
*
In reference to the second quote, the hallmark shows it is 10 carat gold so they must have sold it to you as 10 carat gold, which is against the law. If they say they didn't sell it as gold then the description isn't accurate.
Okay good to know.. I remember when I complained that they kept insisting they have everything tested. Does that mean if it is tested it had to be re-hallmarked? I'm so mad I didn't pick up on the fact the manager said the M was a date mark yet that would only apply to UK pieces of jewellery, not foreign. I'm half tempted that the hoop is gold but the pendant might not be but I'd have to get it tested. This is so frustrating!
Has anyone had to get anything tested for gold? Does anyone know how much something like that would cost by a jeweller?