Wedding dress LATE. What are my rights?

gredmond08

i ordered my wedding dress back in September and was told it would arrive early January. We are now at the end and still no dress and each time I call the shop I am told it "should be on its way" but not being given a proper answer. What rights legally do I have to cancel this order the closer it gets to the wedding as I need to find something in time.

haras_nosirrah

How long till the wedding?

bod1467

What's your backup plan for if they continue to mess you about?

Contact them in writing (email is OK) to make "time of the essence" and that the dress must be delivered by X date (e.g. 20th Feb) else the contract will be deemed breached.

As above- when's the wedding?

stevemLS

You can't simply insert a "time is of the essence" clause, that would have had to have been done at the outset.

What does the order form and T&Cs have to say about delivery.

unholyangel

stevemLS wrote: »

You can't simply insert a "time is of the essence" clause, that would have had to have been done at the outset.

What does the order form and T&Cs have to say about delivery.

http://www.moneysavingexpert.com/shopping/delivery-rights?_ga=1.42986405.1460550484.1418562683#time

Or if you prefer, from unfair terms guidance:

2.6.2 Such a term is particularly likely to be considered unfair since, if the
contract says nothing on the issue of timing, the obligation on the supplier
is only to be reasonably prompt in carrying out his side of the bargain. In
fact, the law is even more accommodating than this implies, since, if that
requirement is not met, the consumer has no immediate right to cancel. He
or she must set a deadline,10 which allows the supplier a further reasonable
time, and can then take action only if that date is missed.

10 This is in order to make 'time of the essence' for legal purposes – which will enable the consumer
to cancel the contract if the deadline is not adhered to and will not affect his right to sue for
damages in any event.

Pollycat

gredmond08 wrote: »

i ordered my wedding dress back in September and was told it would arrive early January. We are now at the end and still no dress and each time I call the shop I am told it "should be on its way" but not being given a proper answer. What rights legally do I have to cancel this order the closer it gets to the wedding as I need to find something in time.

Why are you letting the shop fob you off with it 'should be on its way'?
Ask them for the exact status of your order.

If the shop were local, I would be standing there asking to see the manager for a proper update.

soolin

Also- is the shop in the UK? I ask because I am aware that many brides now buy from China and Hong Kong and there can be real problems with deliveries. If it was bought overseas it might even be stuck in customs waiting for a charge to be made.

If this is a non EU purchase check over on the wedding board as others have had problems, if t is a UK purchase then just ignore me.

andycris3107

http://www.bbc.co.uk/programmes/articles/4Jd12NvcRQBl5RZcJRxqRkD/rogue-traders-amazing-brides-and-the-wedding-dress-studio

It sounds like you haven't ordered your dress from a local shop. I'm not suggesting that there is a connection to the company in the above link however this report outlines some of the issues such as delays and quality.

fluffnutter

Some more details would be useful. A wedding dress shop will, I imagine, understand the time-dependent factor and they wouldn't stay in business very long if they frequently neglected to complete orders in time.

What shop is it? What sort of deposit (full payment?) have they already taken from you?

bod1467

stevemLS wrote: »

You can't simply insert a "time is of the essence" clause, that would have had to have been done at the outset.

What does the order form and T&Cs have to say about delivery.

unholyangel wrote: »

http://www.moneysavingexpert.com/shopping/delivery-rights?_ga=1.42986405.1460550484.1418562683#time

Or if you prefer, from unfair terms guidance:

So does that mean you CAN insert a ToE clause post facto?

peachyprice

It's not unusual to have to wait a long time for a wedding dress or for them to be late, most are manufactured overseas, even if it's one of the big names, and most start shipping in spring. They should have explained this to you at the time.

When is the wedding? Is the dress LATE for when it was expected or LATE for the wedding?