Berketex Issue...

clairej168

Hi guys.... just after some opinions of what you would do in this situation....

I went to a Berketex sale event in February and bought a Rosetta Nicolini store sample dress for £400. I paid in full on mastercard. The same dress ordered new has a tag price of £1100. The deal was they would do the alterations for me at £100 to be paid separately. I made it clear my wedding was May2009 (:eek:)and I would need to arrange the fitting in advance so that I could get time off work.
The next week I rang and made the appointment for the fitting. They only do weekdays so we booked in a date for 23rd April. I booked the day off work (I need to give 4 weeks notice for hols as I do a lot of client training and if I'm not in my company needs to arrange cover for me.). My mum really wanted to come so she booked the day off too. As she lives on the other side of the country, her and my dad also booked a hotel.

3 days before the fitting I rang Berketex to confirm all was ok and I got told they would have to cancel because "the company won't let me take holidays in peak time so I have to have a week off next week". I was totally gobsmacked that only one person in the whole store could do my fitting and that they had not given me any notice. Because my holiday was booked with work and cover arranged I could not un-arrange it but despite numerous phonecalls the store would not budge and said no one would be available to do my fitting on that date. My Fiance even spoke to the store manager and couldn't get any joy.

I couldn't change my work holiday and had little chance of getting more time off in the following week (this week). Berketex did offer an appointment on saturday but we are already booked up with registrar appointment on the other side of the country. And anything after that would be waaay too close to the wedding.

In the end because I was so angry I said I wanted a refund and I would go and pick up an off the shelf dress from Debenhams or BHS instead. Thats what I ended up doing because I couldnt change my holiday or get back any of the costs of my mum coming up, and I thought we may as well use the day as planned to sort out the dress. The store refused to give me my money back and asked me to put the request in writing.

I wrote to head office and have had a response basically saying the dress is my property and I need to pick it up from store. They are saying because no money changed hands for the alterations part of the deal, they are under no obligation and I need to pick it up and take it to an independant seamstress as I have "refused all the appointments" they have offered me.

I'm not sure where to go next as my letter even quoted the sale of goods act but they say it does not apply in this case. My argument would be not fit for purpose at 10 inches too long but they say I bought a discounted dress and it was "sold as seen".

I don't know whether to carry on fighting with Berketex, try and claim from my credit card issuer, or alternatively pick up the dress and try and sell it? After all the retail price is £1100 and this is a brand new dress that has been profressionally cleaned (due to being used as a sample). The problem is if it does not sell I will definitely be left with the bill....

What would everyone else do?

floss2

Speak to your local Trading Standards office (look on the COuncil website).

I would also reply to them, stating that you had an fitting appointment, made in February, but only because you rang to confirm were you given 3 days notice that they could not make this. You also were unable to take the other appointment offered as you had to meet your registrar.

Don't get into a slanging match, just follow the advice that Trading Standards offer - they may even offer to contact them for you.

kelda_shelton

how annoying? what would they have done if you hadnt checked and had arrived on 23rd for the appt?

Do you live near enought that they could keep thr store open late at night to accomodate you? it does seem off there was noone else to do it... what if the girl had been ill on the day?

alternatively do you kno any other places who would do the alterations for you? so you ahve the dress and then you can continue fighting with bertex afterwards?

Tigerlilley1980

I would definitely get in touch with trading standards and I'm sure they will get in touch with Berketex for you. I can't believe that they didn't let you know about the cancellation and you only found out because you rang to confirm. As has been said in a previous post it's ridiculous that they only have one person to do the fitting!!!

Let us know how you get on xx

Alleycat

Why don't you see if a local seamstress could do the alterations for you at a time that is convenient?

You might even find that it costs less than the £100 quoted by Berketex. To be fair, their usual standard charge on alterations is £250.

I think you would struggle with the sale of goods act as there is nothing stopping you getting it altered elsewhere and the price you paid was solely the price of the dress in the sale.

Good luck sorting it out.

Leylauk

I would speak to your credit card company and ask for a charge-back. Say that you have not received the goods (as the company still has possession of it). The Sale of Goods Act would apply to the sale of a wedding dress but not to the supply of the alteration service, this would be the Supply of Goods and Services Act - which states that a service must be carried out within a reasonable time - http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38337.html

Also as you paid on credit card, I assume that the Consumer Credit Act would apply but am not too sure on this.

To be honest after all of this would having that dress be 'tarnished' for you? I would stick to your guns and threaten to go to the Local paper with the story of their hideous customer service to the blushing bride. I doubt that they will ant to pursue the issue then.

Hope that you get it sorted!

clairej168

Thankyou for all your replies and suggestions. I could have got the alterations done elsewhere but you hit the nail on the head Leylauk, I would not have felt comfortable with the dress after what happened it just seemed to spoil it somehow

I did go out last week and pick a lovely dress with my mum so they didn't spoil our day anyway, so I am just concerned with getting the money back.

Thanks for the suggestions about trading standards, I have just spoken to them, and what a fantastic and friendly service they have :T. They advised exactly as per Leylauks post that Berketex are in breach of contract, governed by the supply of goods and services act, as they failed to provide the service in a reasonable time. So I am going to respond to their letter with that info and see what happens from there.

Trading standards also said I have the option of claiming from Mastercard but they would probably want me to show I have exhausted the possibilities with Berketex first.

I am trying to keep this in perspective as my wedding is 3 weeks tomorrow so I kind of have other things to worry about really :rotfl:

Thanks again!
Claire
x

Leylauk

Good luck with it all and I hope that you have a fabulous day x

alfiesmum

I really really hope you don't mind my putting another side of it. I can sort of see it from both sides. I agree it's terrible customer service from Berketex to cancel an appointment, and not inform you of it. But you did buy the dress, and they have supplied the dress. That part of the contract has been fulfilled. I think trading standards will uphold that side of it in Berketex favour. The dress is there for you (I wouldn't put it past Berketex to charge storage for it - stranger things have happened!!) If no money has changed hands for the alterations, and no alterations have been done, that sort of sorts that too I think. It's only the alterations appointment that has gone wrong. Have you perhaps changed your mind a little about the dress anyway? I'd be gutted if I spenty that much on a dress, then found another, especially if it were so much cheaper.

I would go get your dress from the shop, and sell it on elsewhere. And tell everyone you know what a shambles you think Berketex are!! With your wedding being so close now, it's not worth all the upset. You ought to be looking forward to the day, not spending time chasing after a crappy company. Don't let them have any more of your thoughts, or time.

All the best for your special day, hope it's wonderful for you. The dress you wear will be the perfect one, it's yours and it's in your photos and memories for so long to come, that's what makes it so special.

alfiesmum xx