Am I covered under section 75?

Lola_Plym

I bought my wedding dress from an overseas website. They were originally due to deliver by the 28th of February but as it was Chinese New Year said they needed longer. We then arranged for it to be with me by the 5th of March but it came on the 7th (five days before my wedding).

Upon opening the package I was utterly devastated to find that it is ridiculously big even though I gave all measurements as required and the sash is black and not dark navy as requested. It is completely unwearable.

After reading reviews of other dissatisfied customers I am now worried they will not refund me as I requested by email today. Am I covered under section 75 as I paid for the dress with my credit card?

rehanmalik3030

First things first:

How much did you pay for the dress and in which year did you buy the dress?

Lola_Plym

I paid £150 for it and bought it this year.

mcmaze

If £150 the you should be covered as long as you paid with your credit card directly to the merchant, and not through a third party like PayPal or alipay.

chanz4

does section 75 cover custom goods

bris

chanz4 wrote: »

does section 75 cover custom goods

S75 covers any breach of contract for goods over £100. It is not a money back guarantee however, procedures still need to be followed such as giving the retailer the chance to rectify the problem. UK consumer rights do not apply here because it's from China so this complicates things somewhat.

chattychappy

Perhaps the OP can clarify it was indeed bought from China.

I agree.. the question is whether there was a breach of contract under Chinese law. Were there "terms and conditions" on the website? The normal UK consumer protection terms wouldn't be implied into the contract so unless we know Chinese law, disclaimers which would otherwise not stick in UK law could well apply.

Lola_Plym

I bought the dress from a website called diydress.co.uk but they are based in China. I'm still hoping to resolve this with the company but they are known for being difficult.

chattychappy

Wow... I just noticed... you joined in 2008, and just made your first post! Is 8 years a record for lurking....?

chattychappy

Small world... I noticed they are in Hennessy Road, Wanchai, Hong Kong.

I was in Hennessy Road yesterday morning! Hong Kong, though part of China, is effectively a different jurisdiction. Hong Kong law is still based on English law. Their "terms of use" are a bit bizarre and probably wouldn't stand up, even in Hong Kong.

If you did indeed pay directly with your CC, (not via paypal) then I believe your are covered.

Can you get the dress modified? What would the cost be? If this is possible, keep the receipt. You could claim for this under s75. Alternatively you cannot use it at all, you could claim for a refund (and some would argue more). Don't expect the CC to rollover and pay up with out a fuss.

Lola_Plym

How weird that you were there yesterday!

My wedding is on Saturday and there are so many things wrong with the dress that I doubt it would be ready in time if If was to have it altered. Luckily I have a back-up option with next day delivery.

I feel a lot less stressed now I know I'm probably covered under s75. Thank you so much for answering my question.