Refund on sale items

stoneman

My wife bought 2 Herve Leger dresses from Flannels 10 days ago in a sale, but they still cost her over £900. She wore one of them twice and noticed that it has now stretched out of shape. She was going to wear the other one but it was quite dirty, something she didn't notice in the shop. She took them both back today for a refund, the first one on the grounds that it wasn't of merchantable quality, and not fit for the purpose, and the second saying that because it was too dirty to wear she wanted them to either refund or pay for the dry cleaning, this dress still has all the tags attached.They told her that they have a strict no refund policy on sale items, they pointed to a big notice on the wall saying such, and returns with tags attached have to be done within 7 days. I know, I know, I am on my way down there tomorrow to speak to the area manager and try to educate them about consumer law, but any specific things that I can hit them with will be much appreciated.

McKneff

If it ended up stretched and out of shape, its her body that has done that as it must have been too small. As for the other one, its dirty, she must have bought it in that condition, whether she noticed it or not.

You may have some redress (no pun intended) but the second one, well just wash it or dry clean it.

stoneman

SueSueSue wrote: »

To educate you on consumer law.

Sorry, to educate you on Herve Leger dresses. They are a stretch bandage type dress that is fitted for you at the shop. The assistant decides which size fits. These dresses are made to be worn tight, they sort of stretch to fit you, then return to the original shape, that is why they cost so much.
As for the second dress, I do kinda agree that my wife should just have it cleaned, but the problem then arises if this dress then loses its shape after a couple of wears, the shop might say that it was the cleaning that caused it. We are really just trying to get the shop to have it cleaned for her first so that we can not be blamed in the near future.

dreamypuma

stoneman wrote: »

Sorry, to educate you on Herve Leger dresses. They are a stretch bandage type dress that is fitted for you at the shop. The assistant decides which size fits. These dresses are made to be worn tight, they sort of stretch to fit you, then return to the original shape, that is why they cost so much.

I think I've seen these before, is this the same?
http://media.ebaumsworld.com/picture/ChuckNasty/Spandex.png

dmg24

dreamypuma wrote: »

I think I've seen these, before is this the same?
http://media.ebaumsworld.com/picture/ChuckNasty/Spandex.png

If a woman tries to get into a size that is too small, then that is pretty a pretty accurate pic!

McKneff

dreamypuma wrote: »

I think I've seen these before, is this the same?
http://media.ebaumsworld.com/picture/ChuckNasty/Spandex.png

:rotfl::rotfl::rotfl::rotfl::T

bit of a bums rush there

gordikin

dreamypuma wrote: »

I think I've seen these before, is this the same?
http://media.ebaumsworld.com/picture/ChuckNasty/Spandex.png

Thank you...I have just remembered where I parked my bike!

McKneff

gordikin wrote: »

Thank you...I have just remembered where I parked my bike!

I just knew somebody was going to come up with that one :rotfl::rotfl:

McKneff

Sorry OP, not laughing at you, hopefully laughing with you and no
offence i presume from all of us, although i can only speak for myself
of course.

stoneman

I told my wife that someone was taking her photo on Saturday night.

bingo_bango

SueSueSue wrote: »

To educate you on consumer law.

You cant expect the merchant to replace or refund a dress that your wife couldnt fit into and stretched.

They sold the dress in that condition. It isnt their fault your wife didnt check it closely. They could quite well argue the condition was the reason it was reduced.

To finalise you have no rights to return them

Just to educate you Sue.

If the fault wasn't pointed out as being the reason for this being a sale item then your 'education' is a misnomer. Just because an item is in a sale doesn't mean the Sale of Goods Act doesn't apply. The consumer in such a case DOES have rights.

Furthermore, it is a criminal offence to attempt to remove a consumer's right under The Consumer Protection from Unfair Trading Regulations 2008. In that legislation S5(2) qualified by S5(4)(k) stipulates that:

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).
(2) A commercial practice satisfies the conditions of this paragraph—
(a) if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and
(b) it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.


(4) The matters referred to in paragraph (2)(a) are—
(k) the consumer’s rights or the risks he may face.


The sign they have on the wall is illegal. Such a matter needs to be reported to your local Trading Standards through Consumer Direct.