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  • FIRST POST
    • Ssm34
    • By Ssm34 20th Nov 17, 6:52 PM
    • 5Posts
    • 0Thanks
    Ssm34
    Wedding dress cancellation rights
    • #1
    • 20th Nov 17, 6:52 PM
    Wedding dress cancellation rights 20th Nov 17 at 6:52 PM
    Hello,

    I put a deposit down for a wedding dress to be ordered . I was given a basic receipt for this deposit with no terms and conditions documented on it. I was not asked to sign a contract or anything. Basically (long story) I changed my mind 3 weeks later. The shop contacted the designer who has said that the dress is already in production therefore the only way to cancel it is to forfeit my large deposit of 50% for them (the designer) to keep and they will cancel the order and attempt to sell the dress on as a sample. Do I have any rights in this case to get any of my deposit back? Is it acceptable that they can keep the whole deposit or am I able to seek back some of the deposit? Should the amount I lose not be reflective of how much the cost has been to them this far (which I suspect is minimal given the short time since the order was made).

    Additionally would I be within my rights to request written confirmation from the designer that the order was in production already and therefore deposit could not be returned (basically for my own peace of mind as in reality I strongly suspect the dress wasn't yet in production).

    Thank you
    Last edited by Ssm34; 30-11-2017 at 8:36 PM.
Page 1
    • Browntoa
    • By Browntoa 20th Nov 17, 6:59 PM
    • 31,943 Posts
    • 37,677 Thanks
    Browntoa
    • #2
    • 20th Nov 17, 6:59 PM
    • #2
    • 20th Nov 17, 6:59 PM
    Bespoke orders , no right of refund
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • Ssm34
    • By Ssm34 20th Nov 17, 7:03 PM
    • 5 Posts
    • 0 Thanks
    Ssm34
    • #3
    • 20th Nov 17, 7:03 PM
    • #3
    • 20th Nov 17, 7:03 PM
    Thanks Browntoa, the dress was ordered in a standard size 10, not made to exact measurements of bust, waist, hips, etc . I presume the same still applies but just thought it's worth checking anyway. Thanks again.
    • stuartJo1989
    • By stuartJo1989 20th Nov 17, 7:36 PM
    • 285 Posts
    • 280 Thanks
    stuartJo1989
    • #4
    • 20th Nov 17, 7:36 PM
    • #4
    • 20th Nov 17, 7:36 PM
    The designer (in Australia) only started producing the dress UNDER YOUR INSTRUCTION.

    Someone has to pay for the materials and labour up until this point, as well as the time and effort it will take in flogging the dress. It will also potentially be marked down in price as it has not been tailor made for the new recipient.

    Info:

    https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

    So yep, I think it is clear that the company will incur losses due to your breach of contract. They are fully entitled to keep a certain amount of your deposit. You could maybe ask them to show their losses due to the breach, but to be offered 50% when dress in production is not the worst I've heard of (many companies keep it all).
    • Warwick Hunt
    • By Warwick Hunt 20th Nov 17, 8:27 PM
    • 666 Posts
    • 340 Thanks
    Warwick Hunt
    • #5
    • 20th Nov 17, 8:27 PM
    • #5
    • 20th Nov 17, 8:27 PM
    The designer (in Australia) only started producing the dress UNDER YOUR INSTRUCTION.

    Someone has to pay for the materials and labour up until this point, as well as the time and effort it will take in flogging the dress. It will also potentially be marked down in price as it has not been tailor made for the new recipient.

    Info:

    https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

    So yep, I think it is clear that the company will incur losses due to your breach of contract. They are fully entitled to keep a certain amount of your deposit. You could maybe ask them to show their losses due to the breach, but to be offered 50% when dress in production is not the worst I've heard of (many companies keep it all).
    Originally posted by stuartJo1989
    I think they intend to keep the whole of the deposit which is 50% of the retail price.
    • Ssm34
    • By Ssm34 20th Nov 17, 8:37 PM
    • 5 Posts
    • 0 Thanks
    Ssm34
    • #6
    • 20th Nov 17, 8:37 PM
    • #6
    • 20th Nov 17, 8:37 PM
    Hi,

    Thanks all for your input. sorry - yes it is the whole deposit they are keeping (50% of the total price of the dress). I do realise I'm lucky in a way that they aren't making me pay the whole thing, but I'm sure they hadn't even started making the dress when I enquired about cancellation. Even the lady in the bridal shop admitted that she was surprised they had started it so early.

    Just wondering from a legal stance is there anything I can do to salvage even some of the deposit, as I feel I'm being taken for a mug (even though again, I do appreciate technically they are within their rights).
    • pinkshoes
    • By pinkshoes 20th Nov 17, 8:49 PM
    • 15,386 Posts
    • 21,004 Thanks
    pinkshoes
    • #7
    • 20th Nov 17, 8:49 PM
    • #7
    • 20th Nov 17, 8:49 PM
    I would ask them to quantify their loses e.g. what is this 50% adding up to?

    They seem to have just plucked the figure out of the air! Why 50%??

    When was the dress supposed to be ready? (I'm thinking quite soon if they have started already!?)

    Could you not try and sell it on yourself?

    Why have you changed your mind?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • Ssm34
    • By Ssm34 21st Nov 17, 7:53 PM
    • 5 Posts
    • 0 Thanks
    Ssm34
    • #8
    • 21st Nov 17, 7:53 PM
    • #8
    • 21st Nov 17, 7:53 PM
    Am I within my rights to ask them to quantify the loss? Also as I never signed anything and it wasn't explicitly stated that I would lose the deposit if I cancelled can I chanllenge this? Or is the fact that I paid the deposit a contract in itself?
    Would love to know where i stand from a legal viewpoint. Please can someone advise?

    Pinkshoes: The dress was supposed to be ready in march. And I'm worried about taking on the whole cost and trying to sell it myself in case I end up 2 grand down and stuck with the dress forever. Bit of a catch 22 situation unfortunately :/
    • forgotmyname
    • By forgotmyname 2nd Dec 17, 5:35 AM
    • 26,214 Posts
    • 10,469 Thanks
    forgotmyname
    • #9
    • 2nd Dec 17, 5:35 AM
    • #9
    • 2nd Dec 17, 5:35 AM
    You can challenge it but if you took it to court for your money back, they may say they measured you and you chose the material and they purchased said material and started making the dress to your order.

    Check terms on bespoke items made to order.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
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