Advice please - Ted Baker

unholyangel

frugal_mike wrote: »

Given that 4 weeks passed since you bought the dress then 'acceptance' has almost certainly occurred. If it has then you no longer have the right to reject for a full refund under the Sale of Goods Act. Instead the retailer gets to pick between a repair, replacement or a refund.

Not necessarily. Reasonable time takes into account circumstances. For example buying a lawnmower during winter - reasonable time may be extended up until summer.

ThumbRemote

As it is down to the retailer to provide the remedy, they can't just supply some beads and tell you to attach them (unless you agree to this).

I'd get back in touch and ask how they want the dress returning, and what they are gonig to do to provide a remedy.

ThumbRemote

unholyangel wrote: »

Technically if you havent accepted the goods, you can reject for a refund. Acceptance occurs in several ways. By implying you accept them, by doing something that is inconsistent with you not being the owner and if a reasonable length of time passes without you saying you reject them.

I'm not entirely sure if you sewing her into the dress would be seen as acceptance or not under the circumstances.

Once acceptance has occurred, you can request one remedy (repair, replacement, refund - which can be partial to take into account use you had of the goods) over another but the retailer can refuse if disproportionately costly.

I think you're confusing two dress-related threads posted here recently.

frugal_mike

The term 'inconsistent with the sellers ownership' is very vague imo. Is there any kind of definition of this? It could be argued that wearing it to the party is inconsistent, and maybe accepting responsibility for the cleanliness by taking it to the cleaners is inconsistent.

I can only assume that it means doing something that makes it impossible for the seller to own it, such as modifying it or selling it.

unholyangel

ThumbRemote wrote: »

I think you're confusing two dress-related threads posted here recently.

Doh, was the other one that was sewed into

Read far too many threads and they all start to blend into one. Thanks for that, probably wouldnt have noticed otherwise!

frugal_mike

unholyangel wrote: »

Not necessarily. Reasonable time takes into account circumstances. For example buying a lawnmower during winter - reasonable time may be extended up until summer.

Yes, true. I wouldn't like to say how that would apply to clothes though. It all depends what is classed as reasonable length of time by a judge I guess.

Stemma

frugal_mike wrote: »

Given that 4 weeks passed since you bought the dress then 'acceptance' has almost certainly occurred. If it has then you no longer have the right to reject for a full refund under the Sale of Goods Act. Instead the retailer gets to pick between a repair, replacement or a refund.

Thank you I will wait to see what they say. Each email has taken around 3 days for a reply & when I phone I get told they are dealing with it. I wont hold my breath.

unholyangel

frugal_mike wrote: »

Yes, true. I wouldn't like to say how that would apply to clothes though. It all depends what is classed as reasonable length of time by a judge I guess.

Well if it was just a normal dress/outfit, I wouldnt expect an extension. But if its for a special occasion...


However personally, I'd accept the repair option if its something minor like this and only try push for a replacement/refund if it was something major.

Stemma

Spoke to Ted Baker office today.
They stood firm that I was only entitled to replacement studs to be repaired at my own expense as the dress had been dry cleaned.
Very disappointed and even when I said I could get photographs to prove some of the studs were off before dry cleaning they would not offer me anything else.
So it seems that Ted Baker dresses can only be used and cleaned once.
Needless to say I wont be buying any of their products again.

Tenyearstogo

Everytime I take things to the dry cleaners they check the item over with me to ensure there is no damage or marks before they take it off me.

It's so that we agree on the condition of the item. If anything occurs during the dry cleaning process we would both know.

I can't believe the beads were coming off before dry cleaning but the dry cleaners didn't comment on this. I think you and the dry cleaners have been negligent in failing to assess the item before the dry cleaning process.