Faulty Zip advice please

No6dress

Hi
I bought a dress and matching hat on 20th October from a boutique to wear for my daughters wedding on 23rd, costing £520 for the dress and £245 for the hat. I tried the dress on and the sales assistant zipped it up. Half way up there was a waistband and the assistant had trouble doing it up as it stuck, but she tugged and wiggled a bit and the dress did up. She said that the dress fitted perfectly and it was just the zip being stiff. I took it off and again the zip stuck, but she said again the zip was stiff and just needed zipping and unzipping. On the day of the wedding I tried zipping up the dress and again it stuck, the bridesmaid couldn't budge it so had to call my son in to do it for me and although he struggled it zipped up. During this time the photographer was at the house taking pre wedding shots, which I missed because of the saga with the zip, and I was very disappointed, as was my daughter. In the evening I tried taking the dress off, and again the zip stuck, so I had to contort my body to get out of it, pulling the muscles in my back and shoulder. 
I wrote an email to the boutique to explain what had happened and that I would like a refund as the zip must be faulty and not fit for purpose. I received an email back asking me to go into the shop.
This is where I need the help....
When I go back to the shop can the ask me to put the dress back on, only I'm disabled and it took it out of me the first time, plus it's embarrassing as I have hidden aids which can only be seen when undressed?
Can they refuse a refund as on the receipt it states no refunds once the dress has left the shop?
How can I prove what had happened with the dress? 
I paid by credit card by the way.

Thanks in advance

sheramber

Does the zip work when you are not wearing the dress?

gettingtheresometime

The problem I would see you having is that you bought a dress for a one off event.

You wore that dress to the event and afterwards you're wanting a refund citing the faulty zip.

See how this could look to the shop?

I'm betting that they will offer to replace the zip.

68ComebackSpecial

Most independents will have an alteration service they use so it should be very easy for them to replace the zip for you.

Loza2016

I find small invisible zips to be temperamental. One of my bridesmaids got stuck in her dress the night before my wedding while trying her dress on. Took us over 2 hours to get her out of it without damaging it. 

My daughters Tesco school skirts are a nightmare to zip up. You can buy zip lubricant that helps 

TELLIT01

If there is a fault with the zip, a sign in the shop saying 'No Refunds' is meaningless. They may be able to say they will repair the zip, I don't know the law on that.  The problem with zips sticking at about waist level seems to be fairly common, certainly my wife has a few like that where it has happened.  It does seem to improve after being worn a few times. 

I would certainly be able to understand those in the shop being dubious of a return after wearing the dress and knowing at the time of purchase that the zip was problematic.  It's the perfect way to get use from an expensive item and then return it.

Ergates

Pretty certain you have to allow them the opportunity to fix the fault rather than insisting on a refund.

Alderbank

TELLIT01 said:

If there is a fault with the zip, a sign in the shop saying 'No Refunds' is meaningless. They may be able to say they will repair the zip, I don't know the law on that. 

Signs can't override your legal rights and you do have legal right to refund in some circumstances. The line on the receipt saying no refunds once the dress has left the shop might be their attempt to be helpful since the law is that you have no right to a refund after you have left the shop if you change your mind. Nowadays many high street shops let you return goods within 30 days but this one doesn't!

When you buy in a shop you are expected to examine the goods. You have the right to a refund, repair or replacement if there is a fault which you could not have seen when you bought it, such as if the dress is labelled washable but the dye runs.

In this case the OP examined the dress, particularly the zip, carefully and decided to buy nevertheless. Indeed the assistant drew her attention to the fact that the zip stuck. Shop has done nothing wrong.

If the zip had been OK in the shop but had stuck later there is still no right to a refund unless the shop is unable to repair or replace the dress (also they might counterclaim that the customer has caused the damage by forcing the zip).

I agree that the shop might be willing to replace or alter the zip as a goodwill gesture but they have no obligation to do so because it is in the same condition as when the customer inspected it prior to sale.

pinkshoes

Were you in a hotel or something where you couldn't just go and find something else to wear in your wardrobe?

As the zip is clearly faulty, then the shop should either be repairing it, replacing the dress or refunding. You still managed to wear the dress, so I'm not sure a refund is appropriate, so I would be asking them to repair it or swap it for another one.

Alderbank

pinkshoes said:

As the zip is clearly faulty, then the shop should either be repairing it, replacing the dress or refunding. 

The gov.uk website Guidance and Support for Business and Self-employed advises retailers:

When you do not have to offer a refund?
You do not have to refund a customer if they knew an item was faulty when they bought it.

That's the position regarding consumer rights.

However the OP hasn't been back to the shop yet. All we can do is say what the legal rights are. The OP was clearly distressed by the dress on what was obviously a very special day. The shopkeeper might well be sympathetic and even feel some responsibility (although the OP certainly knew about the zip) and go well beyond legal rights in offering a generous solution.

I hope the OP tells us what the final outcome is.

No6dress

Thank you all for your advice. I understand what you are saying regarding the refund, and I'd be happy if they replaced the zip. I'll keep you informed.