Corset Help needed

jcartlidge

Hello,

Just got off the phone to my sister who is quite upset. She purchased a corset for her wedding for £200 under the proviso that she could return if it did not fit. The purchase was conducted over the internet.

The corset arrived and then did not fit, she contacted the shop and explained and they stated that as the corset was custom made it could not be returned or exchanged. She argued that for the corset to be customer made they would need more than the two details they requested - waist size and colour - surely they would eed bust size as well?

The shop countered this by saying she should have informed them of this despite the internet not asking her for this info. To my sisters knowledge this particular corset was not custom made so she did not expect to be able to specify both the waist and bust size, she thought it was off the peg stnadard bust to waist ratio, hence wanting to try it on.

What possible courses of action can we take with the shop to resolve this matter? Adive gladly recieved.

vincenz

The distance selling act applys to the purchase with it being an internet order.
Read about it here: http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html
To quote: Distance Selling Regulations give protection to consumers who shop by phone, mail order, via the Internet or digital TV: The protection includes:

• The right to receive clear information about goods and services before deciding to buy;
• Confirmation of this information in writing;
• A cooling off period of seven working days in which the consumer can withdraw from the contract;
• Protection from credit card fraud.

Chuffy

Also from the regs:

Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -

• (c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

Their argument is that it was made to specification.

lisyloo

Speaking as a lay person I would take "personalised" to mean it had initials on.

Simply by selecting a size or colour is not a "personalisation".

I don't have any legal knowledge but my common sense (which is what judges use) tells me that is not what is meant by "made to specificiation".

I would write to them (by recorded delivery - 65p) stating that you are requesting a refund under the distance selling regulations and if they don't comply then you will pursue the matter in your local county court as a "small claim".

The mention of a few of these terms will alert them to the fact that you know your rights and often it's enough to stop someone fobbing you off.

Sending it by recorded delivery means you will have proof of receipt so they can't claim it was "lost in the post".

Keep the receipt with tracking number and all communications.

Chuffy

I did not say it was personalised, I said they are trying to hide behind the made to specification bit hence the bit in the OP about it being custom made.
I was not defending the shop, merely highlighting the area of the law they are using.
In addition to what lisyloo said, the OP's sister should check the order documentation and the T&C's on the website. These will not affect statutory rights but may highlight inaccuracies in what they are now saying against their own policies.
If they are different, get screen shots in case they subsequently change them.

annapantscats

ts_aly2000 wrote: »

Hello, I don't know if this helps. As I have actually had a custom corsets made. I am asked for ALOT more than waist and bust size.

In inches; Waist; Under Bust; Over Bust; Distance From Under Bust to Groin; Over/Top Bust to Groin; Hips; Groin to Neck.

The point being; I'm asked for all sorts of measurements with instructions on how to take those measurements. It also takes from between 2 to 4-weeks to receive it.

Your corset does not sound custom. It's totally standard off the shelf. To be honest, most corsets are a rip-off. Sorry to tell anyone that. They are poorly made. The lace eyes for example. And the cheapest laces....

QUOTE]

Exactly! There is no way the shop can claim the item was custom made when all they asked for was waist size and colour.
They may well be able to claim that it was 'made to order'.....i.e, someone orders one of their corsets, and the corset is then made. But this should have no bearing on whether or not it is returnable, as it has not been made to specific measurements only suitable for 1 person.

I do hope your sister persevers with this and gets her money back. And in the meantime I would recommend she goes to a reputable corset maker and gets correctly measured and fitted for a true custom made corset. It will cost, but a properly made corset will last a lifetime and she will look fabulous on her wedding day!

lisyloo

BTW - if your sister has free legal advice OR (even better) free legal expenses on her house insurance then it would be worth getting them involved.