Wedding Dress Dilema

pinkshoes

halibut2209 wrote: »

I disagree. The OP will have to prove that the dress was faulty, and rejected within a reasonable time. Which was 30 minutes in this case.

Yes, and this is a shop bought item, not distance selling, so it is then up to the shop to decide whether they repair, replace or refund. They replaced, and did so in a reasonable time frame.

There's a strong chance the court would side with the shop, as they've met the requirements of SOGA.

If you're so sure, then perhaps you'd like to volunteer to pay the court fees should the OP lose?

halibut2209

No, they haven't met the requirements of SOGA

http://discuss.bis.gov.uk/consumer-bill-of-rights/more-information-supply-of-goods/

The shop only gets the choice of those 3 after the goods are accepted which is after a "reasonable time". Until then, a receiver of faulty goods can reject those goods for a full refund.

unholyangel

pinkshoes wrote: »

Yes, and this is a shop bought item, not distance selling, so it is then up to the shop to decide whether they repair, replace or refund. They replaced, and did so in a reasonable time frame.

There's a strong chance the court would side with the shop, as they've met the requirements of SOGA.

If you're so sure, then perhaps you'd like to volunteer to pay the court fees should the OP lose?

What halibut is saying is correct. In SOGA there is a statutory right to be given reasonable time to examine the goods to see whether they conform to contract or not. It comes under SOGA Acceptance and states that acceptance occurs in 3 ways.

a) When the buyer basically says to the seller he accepts them
b) Where the buyer does anything to the goods which is inconsistent with the seller remaining the owner of the goods or,
c) where a reasonable length of time passes without the buyer indicating to the seller than he/she rejects them.

None of these have occurred and since the OP rejected within 30 mins, it is quite undoubted that their rejection happened within a reasonable time, therefore acceptance did not take place and as such, they can cancel for a full refund.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

If you look at that link then click on the header "Faulty Goods - Your Customers' Rights" and then check and see, it has 2 different paragraphs. One for acceptance and one for non-acceptance.

Faulty goods, no acceptance
If the item does not conform to contract (is faulty ) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to reject the goods and claim a full refund, or request a repair or replacement if that is the customer's preferred option.As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

Where a customer is entitled to a full refund because they have not accepted the goods but have agreed that you may repair or replace the goods, they can still claim a full refund if the repair or replacement is taking an unreasonable time, or causing an unreasonable inconvenience, or if the repair or replacement is not satisfactory when they receive it.

heneghj

This is where I feel the shop owner is getting confused, and whenever I try to explain to her she just starts shouting and telling me im rude and that she has been in the business for 25 years.

Anyway, ringing consumer advice this morning then claim going through this evening.

Surely Trading standards will not have told her that she can give us 14 days to collect it or she can resell it?

Also, it can take up to six weeks for the SCC to respond surely if she does resell it in that time she would be in more trouble?

halibut2209

"Surely Trading standards will not have told her that she can give us 14 days to collect it or she can resell it?"

Depends what she told Trading Standards

heneghj

halibut2209 wrote: »

"Surely Trading standards will not have told her that she can give us 14 days to collect it or she can resell it?"

Depends what she told Trading Standards

Good Point, Having sent her a letter stating I would be taking her to court should i not receive an adequate response in 7 days, and having proof she received it, if she did resell the dress then surely she would be up a particular creek without a paddle?

halibut2209

She wouldn't be in trouble as you're not suing for the dress. You're suing for a refund.

So, if she sells it, that makes it easier for you

heneghj

I suppose so.

Cheers for your advice everyone and sorry for the multiple threads. Just want to make sure my W2B is happy cos at the moment she is in bits.

LannieDuck

I haven't commented much on this thread because I understand you're probably legally right. But are you really sure you want to go through the stress that this will involve for both you and your OH, when the shop is offering to give her exactly what she wanted in the first place?

She liked this dress enough to choose it originally, and I know the whole experience has upset you both, but does she still like the dress? Wouldn't it be more stressful and upsetting to go through the court case?

heneghj

LannieDuck wrote: »

I haven't commented much on this thread because I understand you're probably legally right. But are you really sure you want to go through the stress that this will involve for both you and your OH, when the shop is offering to give her exactly what she wanted in the first place?

She liked this dress enough to choose it originally, and I know the whole experience has upset you both, but does she still like the dress? Wouldn't it be more stressful and upsetting to go through the court case?

hi Lannie Duck, I understand where your coming from and believe me it would definitely be much easier. However, 2 things have come in to play here.

Firstly, my OH would need to go back to the shop 2-3 more times for alterations and adjustments, which shes not willing to do because of the attitude of the woman. and if we were to take it to another dress shop to be altered they will charge through the nose because its not there dress and they have made no profit from it. (ive checked 150 a session was cheapest.

Secondly, from the way she has acted from day one I get the feeling she has got away with this on many occasions and my pride has taken over now. (not the best reason for SCC) but I feel I need to show this woman that she cant just bully people in to accepting her version of the law.

I know its probably a bit much but my OH is so upset now with all the abuse she has been given from this woman that I feel she needs to learn a lesson