Please help

Optimist

ThumbRemote wrote: »

As a clarification, the law states the consumer can choose the remedy they require. However, they cannot choose one which is disproportionate.

Just because a repair is more cost-effective than a refund, does not mean a refund is automatically disproportionate. The retailer has to demonstrate this is the case.

(Note - I am not suggesting in this case that a refund may not be disproportionate compared to a repair. Just correcting the legal aspect)

The customer can choose what they like, but if acceptance is deemed to have taken place then their entitlement is to a repair or replacement.

Only if the repair or replacement takes a disproportionate amount of time is the customer then entitled to rescind the contract. In which case a partial refund would generally be in order. Depending on amount of usage of goods.

ThumbRemote

Optimist wrote: »

The customer can choose what they like, but if acceptance is deemed to have taken place then their entitlement is to a repair or replacement.

Only if the repair or replacement takes a disproportionate amount of time is the customer then entitled to rescind the contract. In which case a partial refund would generally be in order. Depending on amount of usage of goods.

You're right, and I apologise to arcon5 for incorrectly disputing his view. My apologies.

pendulum

The OP received the dress a day before her wedding day, and it broke. She should be entitled to reject it for a full refund via SOGA as she is rejecting it within a reasonable time. I can't understand why there are so many negative posts so far; if it was a TV under discussion, not a wedding dress, I think the replies would be completely different.

I'd reject a £5 pair of trainers if they didn't last a day. I'd certainly want to reject a £1000 wedding dress if that didn't last a day either, especially as the wedding day has passed, so any other remedy would be "significantly inconvenient" to say the least!

blossomhill_2

My take is this

• It was a "dress for a specific date" not a "one-day dress"
• it was not fit for purpose, the purpose was to be worn on that specific day
• a repair or replacement would be pointless, as the specific day has passed
• You had fittings, so there is no question of it being too tight etc
• Push for a full refund
• Leave the seller to argue with her supplier, if she can't be robust with them after such an appalling failure then she needs to improve her business skills, not expect the custoemr to take the hit
• For £1000 it may be worth joining Which Legal Services
• Both the seller and the supplier should be falling over themselves to make amends/flowers etc, if they are hiding behind each other they should think about adverse publicity this could have brought, and think themsleves lucky

blossomhill_2

mattyprice4004 wrote: »

People have told you you're probably not entitled to a refund, just because that's not what you want to hear doesn't make them wrong.

Rather than whining about the advice, take it and accept the repair.

But what if they ARE wrong?

hcb42

I would also be pushing for a full refund, for a dress not to last 1 day is not acceptable.

mountainofdebt

Doesn't anyone else think it's odd that the OP didn't pick up the dress until the day before or is that just me.

mo786uk

I can understand not wanting t ocause the retailer loss.

If the dress really was shoddy I would be pushing for them to take it back and refund most of the money.

If the dress was a complete failure on the day and it is obvious why then I woudl be pushing for a full refund.

She may well end upout of pocket because the suppliers may not give a toss.

wanchai_2

lateandlive wrote: »

"she is a small company and I don't want to jeopardise that but I am the one that was left heartbroken"
..and the way to mend your heart is a FULL refund for the dress? To be honest, you've acknowledged it's not the fault of the woman in the shop. She didn't purposefully sell you a dress that was going to break, and she is seemingly co-operative with the idea of giving you a refund.
To be honest, you'd probably do better if you got it fixed and sold it on yourself anyway, that way the shop keeper isn't out of pocket (assuming the manufacturer doesn't cough up) and you make some money back.
It's a one day dress and you had use out of it for that day before it broke. Therefore your refund should be proportionate to that. Assuming it lasted the ceremony then the most I'd be giving you is £600 and that's being generous!

Why should the customer take the hit? Trying to sell a second hand wedding dress that's had to be repaired - no thanks!

The shop should refund her in full, and claim a full refund from the manufacturer. End of. SOGA applies. The goods did not last a reasonable period of time.

Hintza

Th OP can ask anything they wish from the retailer, who can then decide how they are going to handle it. If the OP disagrees then they have the option of recourse via the small claims court.

If it was a traditional wedding as I would understand it, a lot more than dresses can get broken when you are dancing a "Strip the Willow".