PLEASE help

Mama3boys

Hello.

Hope I'm posting in the right place.
Long story short: I bought a dress from a shop on Facebook. In the picture it looked REALLY nice. But as soon as I received it I could see it was not going to be what I thought it was.
Firstly the material is very cheap. However, having read back the description of the dress it doesn't state the material. But I am sure the one in the photo is different!
Also there is embroidery on it which is very poorly done. Again, it is not like the picture.
There are "crystals" on it. Which look like pound shop ones.
Basically I don't like the dress. At all. I will never ever wear it. So in effect I have put £50 down the toilet.
I showed my husband the dress and he straight away said "no offence but that dress is awful; so cheaply made".
I have messaged her. And she has said she only offers exchanges not refunds. I am worried about getting anything else from her. As this dress turned out so bad. So I would really not like an exchange. Do I have a right to refund? Or is she ok in that she only offers exchanges?
Please help me ASAP as today is the third day. And I don't want time to be used as an excuse.

ValHaller

Was it made to measure or off the peg? If it was the latter, the Distance Selling Regs apply, so I suggest you send a message in a form which you can prove saying you wish to return under DSR's. It is less clear cut if it was made to measure.

persa

Sounds like this lady is running a business and has sold you an off-the-rack piece, so DSR would apply and you could reject the dress, having received and inspected it. You must email her within a set time frame (usually within 7 days of receipt) to say as much.

Of course, if she's an inexperienced new small business owner, she may not know this, and argue.

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations/

arcon5

Another bedroom business who doesn't have a clue what the law states by the sounds of it.

Assuming it's not personalised you have 7 working days from the day after receiving it to notify her of your intention to cancel.

Point her to the OFT guide

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

pinkshoes

As above, but make sure you return it tracked, which you will have to pay yourself under Ebay rules!

Mama3boys

Thank you for your replies.
She is being a bit difficult.
But I do think I'm within my rights.
It was just off the peg.

MothballsWallet

Then DSRs apply. As long as you tell her within 7 days of receipt that you're rejecting the dress under DSRs, then she's obliged to refund.

I'm sure someone else will correct me if I'm wrong, which is possible

Slowhand

pinkshoes wrote: »

As above, but make sure you return it tracked, which you will have to pay yourself under Ebay rules!

...but ebay rules don't apply to facebook!:D

pinkshoes

Slowhand wrote: »

...but ebay rules don't apply to facebook!:D

Doh!

Def send it back tracked then, as we don't want it going "missing" you in the post!!

Mama3boys

Ok.
She has just messaged to say in her terms and conditions it says "exchange only". I am not sure if this has just been added. But I did have a quick glance before. But didn't see that.
Does that make my case null? If the terms say "exchange only".

On top of that reading my PayPal transaction back the details are actually incorrect. She has written "navy". But sent purple - which is the colour I asked for. Also it says "size 8". But the dress is actually "one size" fitting 8-12. I don't mean to be pedantic. But I just want this resolved.

iammumtoone

I don't think it matters whats she put in her terms and conditions she still had to follow the DSR.

I would just keep to the facts that you are going to return the dress under the DSR and expect a refund when she has received it back.

Does it state in her terms and conditions that the seller is responsible for return postage? If not then she is responsible for paying these. You are entitled to a refund for the address and any postage you paid.