Help Please! Wedding dress cancellation - can they keep my wedding shoes??

Missjay_2

There is nothing in the 'Terms of Trade' that states that I have to pay additional monies (over and above the deposit) if I cancel the order closer to the wedding date.

It does state ' If customers do not collect their goods within 3 months of the wedding date then the Sale Contract will be cancelled without further notification and no refund of monies will be paid'. Fair enough.

It also states ' No goods may be removed from the company s premises until the full balance of the order has been settled' and 'All gowns and accessories remain the property of the Company until paid in full'.

Given the shoes and dress were 2 separate orders, my view is I should be entitled to the shoes (paid in full) but not the dress (only deposit paid).

Surely this is the whole point of paying a deposit in the first place? If they wanted to secure more than surely I should've been asked to pay a larger deposit?

Have found all the documents/receipts and checked them thoroughly.

Thanks again for help so far.

Missjay_2

Meant to say, cancellation letter in post to head office first thing tomorrow AM. Unless someone here advises I shouldn't? Should I take a copy to hand into store too when I (try to) collect the shoes?

pinkshoes

pinkshoes wrote: »

I suspect that you will owe more than the £250 deposit for cancelling the dress, and you will need to pay this first before they give you your shoes.

Equaliser123 wrote: »

Why? The shoes are paid for in full. The dress is a different issue.

pinkshoes wrote: »

As it was two separate transactions you should tell them that they need to give you the shoes, and sort the wedding dress out separately.

Exactly!

My point is that the OP is ENTITLED to take the shoes as it's a separate transaction, but if more than £250 is owed for the cancellation of the dress, the shop will no doubt try and hold the shoes to ransom to recoup some of their loss.

Obviously the shop are now allowed to do this, but I'm sure they'll try!


MissJay, what does their policy specifically say about cancellation? As it's made to order, then they can probably chase you for the full amount if they've already made good progress with it, or at least re-coup their losses.

The_Pedant

Should I take a copy to hand into store too when I (try to) collect the shoes?

If you placed the order in the shop, then it seems reasonable to be able to serve notice of cancellation to the shop.

As most have pointed out, that's a separate issue to the shoes. Take the receipt along & don't leave till you have your goods that your have paid for and have title over.

Missjay_2

Ok, so heres the update...

I received a letter back from the dress company saying they are willing to cancel my contract but that I must pay 50% of the dress value (£523). As I have already paid £250 deposit, they are now saying I have to pay the additional £273 or they will take legal action against me.

The letter states that the company has 'clear wording on all sales orders, stating that all deposits are non refundable and cancellation requires 50% payment'.

BUT....

I've checked back on all my paperwork from when I first ordered the dress. It says 'Customers are required to pay a 50% non-refunable deposit on the date of ordering all Bridal Gowns' however when I paid the deposit, they only asked for £250 (i recall my mum actually asking if she could pay a larger deposit but the girl saying "£250 is enough")

SO, do they really expect me to now send the extra cash when really it was their error for not asking for the proper deposit amount at the time of ordering???

Advice greatly appreciated!!

(p.s still haven't got the shoes back yet - been putting it off!)

wealdroam

Missjay wrote: »

I've checked back on all my paperwork from when I first ordered the dress. It says 'Customers are required to pay a 50% non-refunable deposit on the date of ordering all Bridal Gowns' however when I paid the deposit, they only asked for £250 (i recall my mum actually asking if she could pay a larger deposit but the girl saying "£250 is enough")

Is that all it says about a deposit on the sales order?
I wonder why they say there is...

clear wording on all sales orders, stating that all deposits are non refundable and cancellation requires 50% payment.

Missjay wrote: »

SO, do they really expect me to now send the extra cash when really it was their error for not asking for the proper deposit amount at the time of ordering???

I read it as they were being kind to you by only asking for a £250 deposit at the time of the sale... rather than them making a mistake.
Of course, I may be wrong.

I would take up with them the discrepancy about what it actually says about the deposit on the sales order.

Flyboy152

Missjay wrote: »

Hi all, I'll keep this as brief as possible.

I ordered a wedding dress last year for my wedding this year and paid £250 deposit by credit card. In February i went to the shop and bought wedding shoes for £79.99 (paid in full by debit card) and was told by assistant that they will keep shoes till i get dress in. Fine.

Last week due to unforeseen circumstances i called to cancel my dress order and accepted that i will lose the £250 deposit. However when I asked about collecting the shoes (which were paid in full in February) I was told by the assistant that she couldn't let me have these until I have contacted the head office and informed them of the cancelled dress order.

Ok - so where do I stand?

The £250 dress deposit is a write-off and I understand that BUT Do they have the right to keep the £80 shoes? These were two separate purchases, made months apart.

Any help much appreciated, I'd like to get the wording right before I send off my letter to the company asap.

Many thanks,
Miss Jay

Not only do they not have a right to keep your shoes, they don't automatically have the right to keep your deposit, unless their costs outweigh the value of any monies paid so far.

Flyboy152

arcon5 wrote: »

Firstly, they haven't yet said they won't give you them. They are just making you bend over backwards to earn them.

Secondly, go in there and REFUSE TO LEAVE until they give you YOUR property!! Otherwise tell every customer that comes in what has happened. How ridiculous they are being!!

If they persist in beign difficult tell them they can only retain proovable losses fro myou deposit. Although since it will be custom made they probably can prove it, you'r just highlighting the point to them you can equally make life difficult for them aswell.

If they are seperate purchases I don't understand how the dress in anyway affects this

(MODs: we need a smilie)

:huh:

: huh:

Flyboy152

pinkshoes wrote: »

She's not saying you can't have them, just that you need to inform head office of the cancellation first.

I suspect that you will owe more than the £250 deposit for cancelling the dress, and you will need to pay this first before they give you your shoes.

As it was two separate transactions you should tell them that they need to give you the shoes, and sort the wedding dress out separately.

That would only be if they have started work on the dress.

Flyboy152

Missjay wrote: »

Ok, so heres the update...

I received a letter back from the dress company saying they are willing to cancel my contract but that I must pay 50% of the dress value (£523). As I have already paid £250 deposit, they are now saying I have to pay the additional £273 or they will take legal action against me.

The letter states that the company has 'clear wording on all sales orders, stating that all deposits are non refundable and cancellation requires 50% payment'.

BUT....

I've checked back on all my paperwork from when I first ordered the dress. It says 'Customers are required to pay a 50% non-refunable deposit on the date of ordering all Bridal Gowns' however when I paid the deposit, they only asked for £250 (i recall my mum actually asking if she could pay a larger deposit but the girl saying "£250 is enough")

SO, do they really expect me to now send the extra cash when really it was their error for not asking for the proper deposit amount at the time of ordering???

Advice greatly appreciated!!

(p.s still haven't got the shoes back yet - been putting it off!)

Ask them to prove that their losses equal the money they are asking for.

Have they returned your shoes yet?