Wedding Dress Dilema

heneghj

My Fianc! found a dress in a bridal shop a few months back and absolutely loved it. She went back a few days later to try it on and then place a deposit which she did. The shop gave her till the middle of September to pay for the dress in full due to the dress apparently being old stock and due to be returned which was fine.

She returned yesterday to collect the dress and it was all packaged up and ready for her to collect so she paid the final balance and left. When she got home she found the dress was stained inside with either make-up or fake tan and that the dress was pulled at the front. I knew she should have checked it in the store but rang the shop straight away, she was asked to come back in for them to look at it but the woman said on the phone that it must have been my partners make up from when she first tried it on. (why it wasn't cleaned before collection ill never know) however the pulling was another matter.

When she got to the shop the woman was very rude and stated she was being accused of trying to sell a soiled and damaged dress which we never said. At this point she just requested a refund as the goods were unsatisfactory and not fit for purpose, to which she responded that's not possible as they can arrange a replacement but it would take up to 4 months. After speaking with Consumer advice this morning I rang her my self this morning to state that this is not good enough and we want a refund under the sales of goods act. Apparently (according to her) this doesn't apply to bridal shops, which I know is a load of codswallop. She also said she will not respond to any letters and will no longer speak to me as I am not the original customer but my partner is distraught and cant bring herself to go back.

Where do I stand?

SaLoGo

Not sure on your rights, but this is why I would never buy 'off the peg'... you never know who has tried that dress on before you buy it. Women go to bridal stores caked in make up and fake tan and this rubs off on the dress.

heneghj

The dress was brand new in the packet when she tried it on.

This is where the confusion lies, she claims its my partners make-up when its far to dark for her.

Its the fact they had it all packaged up and ready to go before she got there that makes me think its all a bit too suspicious

SaLoGo

The dress may be in a bag and brand new but doesn't mean other people haven't tried it on

arcon5

Yes you are entitled to a refund. The goods are faulty and you can reject them for a full refund without 'reasonable' time - I'm sure nobody would disagree you are still within this time.

Get your partner to send and sign a letter stating you are her acting agent. But she has a point at the moment that she is the customer and not you.

Send her your rejection letter registered post. If she doesn't respond that's fine, just keep your proof of postage and proof of delivery which will beat in your favour in court.

Did you pay with debit or credit card?

heneghj

We paid with a debit card

My partner is in the process of raising a charge back claim.

Wrote the letter just need to get her to sign it and send it now. She has since rang my partner and told her and I quote "Buying a wedding dress is not just like picking one up from a high st shop there's different rules"

What a load of tripe

arcon5

Buying a wedding dress is only different in the aspect customisations may be required for a better fit. Not it may be damaged.

Nothing in SoGA excludes these types of products, as you know. Ask her to point to the relevant section of the act to support this.

heneghj

I just want to get this sorted as swiftly as possible, I will get the letter sent tonight.

The card company are saying that because we took the dress away from the shop its our fault, even though she has accepted responsibility and taken the dress back to exchange

unholyangel

You could try printing out sale of goods act and take it down (including links to the site so they can check them themselves) or post it to give them a chance to look over it and see SoGA does apply. What she may be thinking of is that you have no "cooling off" period.

Make sure you print out the part about the buyer having the right to examine the goods to determine whether they conform to contract and the part that if goods do not conform within the first 6 months, it is the retailers place to prove that the faults were not inherent.

You could also call your local trading standards and make them aware there is a bridal shop in their vicinity that thinks law doesnt apply to them.

heneghj

update

posted a letter yesterday stating I will be the acting agent signed by my fiance. also included a letter stting the reason I am due a refund along with a copy of soga highlighted.

hopefullying hear something soon but doubt it

SaLoGo

I hope you get this sorted, and please keep us updated.