Sample Wedding Dress

xtiny

Just wondering if anyone can offer me some advice...

I bought a Suzanne Neville sample wedding dress last year and it had a few obvious marks along the bottom of the dress. The sales assistant confidently told me that these marks were just caused by dust and that they would come out once the dress had been professionally dry cleaned. I purchased the dress thinking all would be OK once the dress was cleaned.

As the wedding is approaching, I took the dress to a professional wedding dress dry cleaners only to be told that these marks were NOT caused by "dust" as I had been told and that these marks were more likely the result of water/sun damage and they could not be removed.

I was told by the store to write to the MD of the Neville Group to express my obvious shock and upset and received a letter back today saying..."the dress was sold as seen and you were therefore aware of the condition of the dress when you purchased it. Unfortunately, we are not able to help further in this case".

I am fully aware and bought the dress "as seen". However, I saw this dress as described by the sales assistant and feel that she made a false statement in order to sell me this dress.

Any help or advice would be much appreciated as my wedding is now 6 weeks away.

Thanks.

molerat

The big problem is "prove it". Your only real option now is a letter before action clearly stating that the advice from the sales assistant formed part of the contract and hope they cave. Also time comes into play, when last year was it purchased, it could be argued that you have accepted the goods after time. If it goes as far as court I think the chances will be 50/50.

bris

You bought it as seen, so unless you can prove the sales assistant told you it was just dust you will struggle with this, especially if you got a discount for the marks. If you didn't get a discount it would likely strengthen your case on the basis of probabilities, i.e your unlikely to buy a marked dress at full price, a reasonable person such as a judge in court would know that.

angelil

If worst comes to worst, would you be able to dye the dress to cover the marks? Or would you be able to have the dress altered in some way?

I know this misses the point in principle, but trying to think in practical terms.

pinkshoes

I don't think this is clear cut...

Would the wedding dress cleaning specialists be prepared to put in writing that the marks are caused by water damage and cannot be removed?

Have you got a second opinion from another wedding dress cleaner?

On the basis that no one would buy a dress with stains that could NOT be removed, and as the OP clarified this when buying, I think the OP has a good case.

Next step would be a letter before action, but with time not on your side, you need to think carefully what you're doing to ask for. Another dress? The dress cleaned as they promised it would be cleanable? A full refund?

xtiny

Thanks for all your comments and advice. I will proceed with a letter before further action. Hopefully, receiving a refund for this dress.

Thanks for all your help.

cockaleekee

Has the retailer acknowledged that you were misled as to what the marks were? If not, you have an uphill battle on your hands.

pinkshoes wrote: »

On the basis that no one would buy a dress with stains that could NOT be removed, and as the OP clarified this when buying, I think the OP has a good case

Wouldn't they? In my local LK Bennett outlet I saw a lady buy a rack full of satin covered shoes that appeared to me to be beyond repair. I guess she was going to put new fabric on them, and the same could apply to a dress - perhaps someone would shorten or adapt it/ use the material for something else? This certainly is not a strong enough argument to base a small claims action on.