Dress order deposit

poppet17

Can someone help. I went to a dress shop on Tuesday 20th March 2013 and saw a dress I liked but it was an order only I could not make up my mind so went away to think about it. The following day Wednesday 21st March 2013 I telephoned the shop and ordered the dress (which was £1200) and paid £800 deposit with my credit card over the phone, I was told the dress would not be ready until August (it was for a wedding). Today Monday 25th March 2013 I rang the shop to cancel the order and asked for a refund to my card but I was told that I could not cancel, it was too late because the order had already gone through to the suppliers. Do I have a 7 day cooling off period or will I have to go ahead with the purchase?

arcon5

You don't have rights under DSRs as you visits the shop first then merely confirmed the order by phone, the ofT guide covers this.

Worth reading the 'read first' thread at the top of the forum about deposits though

poppet17

Thank you for that...I had a feeling this may be the case. Just one of those things I guess. I'll have to get my husband to take me to a really posh do instead LOL.

MamaMoo_2

poppet17 wrote: »

Thank you for that...I had a feeling this may be the case. Just one of those things I guess. I'll have to get my husband to take me to a really posh do instead LOL.

It's worth bearing in mind that a retailer can only keep provable losses. It's likely that with the timescale you've been given that these are nil.
Were you told the dress would not be ready until August before or after paying the £800?

ThumbRemote

arcon5 wrote: »

You don't have rights under DSRs as you visits the shop first then merely confirmed the order by phone, the ofT guide covers this.

Worth reading the 'read first' thread at the top of the forum about deposits though

Surely this depends on whether the OP merely browsed the dress in store. It appears from their description that they phoned up to place the order - which (if the store regularly takes phone orders) would mean this is subject to the DSRs.

System

ThumbRemote wrote: »

Surely this depends on whether the OP merely browsed the dress in store. It appears from their description that they phoned up to place the order - which (if the store regularly takes phone orders) would mean this is subject to the DSRs.

If a customer goes into a shop first to look at an item then orders that item on the phone or online DSR does not apply. I thought you would have known that being a regular poster?

halibut2209

Do you have a source for that, goater?

System

halibut2209 wrote: »

Do you have a source for that, goater?

I'm surprised you don't know this either.

http://dshub.tradingstandards.gov.uk/dsrexplained

It makes sense though as the point of DSR is to give you time to examine the goods. This has already happened instore so I don't see why you think they should apply.

halibut2209

I can't see there where it says that if you've been to the shop, you lose your legal rights if you later buy online.

System

halibut2209 wrote: »

I can't see there where it says that if you've been to the shop, you lose your legal rights if you later buy online.

Well it's in there not sure what else you want me to do!

halibut2209

Say where it says that?