Wedding dress cancellation rights

Orange_Zest

Hello, I’m hoping to get some guidance on my situation.

I visited a bridal store to try on a sample wedding dress. I was told the price of the dress (made to order) and that payment would be required in three instalments. Later that day I phoned the store and made a 35% payment (via credit card) for the dress. Following this, they emailed me a copy of my order and asked me to electronically sign it and return to them.

At the bottom of the order form, I noticed it read:

“Once the order has been made, and given the personal nature and uniqueness of it, its cancellation by the customer shall not relieve the obligation to pay the full price. The customer will pay the price as follows: The day of the Order she will pay the 35% of the Order Total. The date of the first fitting session she will pay another 35% of the Order Total. The rest of the order will be paid the day of the reception of the order, and by default, this date will be de day before the wedding.”

This was a surprise to me as I hadn’t been told these conditions. I did not sign and return the form.

The following morning (less than 24hrs after I made the payment) I called the store to tell them I wanted to cancel the order and was hoping that as I was contacting so soon after the payment this would be ok, and I would be refunded. They told me they couldn’t refund the payment and the best they can offer is store credit. I explained that I wasn’t made aware that it was non-refundable prior to paying.

 Do I have any right in claiming back my payment? Advice is much appreciated! 

soolin

Just for information before the experts get here and advise properly, as you bought in a shop you never had any cancellation rights anyway for a change of mind. Why did you think you could order a wedding dress made to order and not pay for it if you changed your mind? If you were unsure about the shop or the dress then it might have been prudent to go home and think it over first.

Legally though you do still have cancellation rights under certain circumstances such as a faulty or damaged item being delivered. 

DullGreyGuy

You have purchased in store and so you have no statutory right of cancellation. 

What is your actual issue with the payment schedule? On the surface it seems reasonable and probably inline with the costs. 

You could intentionally breach the contract by not making the further payments at which point they can only claim the cost of breach from you but this could be more or less than the monies paid to date and certainly wont result in the 100% refund that you appear to now want. 

Brie

I can't answer the legal bits but I'm wondering what you expected about the 3 payments.  You knew the first one needed to be made immediately as you did that.  Is it the timing between payments that is an issue?  I would guess that at least 1 payment a month might be required depending on how quickly you need the dress.   

Aylesbury_Duck

Seems straightforward: You have no right to claim back your payment under the circumstances.  Your best bet is to work with them to either proceed, or use the store credit for something else.

born_again

DullGreyGuy said:

You could intentionally breach the contract by not making the further payments at which point they can only claim the cost of breach from you but this could be more or less than the monies paid to date and certainly wont result in the 100% refund that you appear to now want. 

Which also leaves OP open to be taken to court for breach of contract & not paying.

Brie

could you use a credit towards bridesmaid dresses or possibly the men's gear?

DullGreyGuy

born_again said:

DullGreyGuy said:

You could intentionally breach the contract by not making the further payments at which point they can only claim the cost of breach from you but this could be more or less than the monies paid to date and certainly wont result in the 100% refund that you appear to now want. 

Which also leaves OP open to be taken to court for breach of contract & not paying.

Potentially, but the payment plan feels like they are pay in advance to cover the next phase and so more likely that it turns out to be the OP having to go to court to recover the excess back... in both ways there is the risk of being stuck with court fees but its generally considered better to be the one responding rather than litigating as there is always the chance the other party wont bother. 

Undervalued

Orange_Zest said:

Hello, I’m hoping to get some guidance on my situation.

I visited a bridal store to try on a sample wedding dress. I was told the price of the dress (made to order) and that payment would be required in three instalments. Later that day I phoned the store and made a 35% payment (via credit card) for the dress. Following this, they emailed me a copy of my order and asked me to electronically sign it and return to them.

At the bottom of the order form, I noticed it read:

“Once the order has been made, and given the personal nature and uniqueness of it, its cancellation by the customer shall not relieve the obligation to pay the full price. The customer will pay the price as follows: The day of the Order she will pay the 35% of the Order Total. The date of the first fitting session she will pay another 35% of the Order Total. The rest of the order will be paid the day of the reception of the order, and by default, this date will be de day before the wedding.”

This was a surprise to me as I hadn’t been told these conditions. I did not sign and return the form.

The following morning (less than 24hrs after I made the payment) I called the store to tell them I wanted to cancel the order and was hoping that as I was contacting so soon after the payment this would be ok, and I would be refunded. They told me they couldn’t refund the payment and the best they can offer is store credit. I explained that I wasn’t made aware that it was non-refundable prior to paying.

 Do I have any right in claiming back my payment? Advice is much appreciated! 

The short answer is no for the reasons that have already been given.

Also, for future reference, very few things in English law need to be in writing (or signed) to be valid. There are obvious practical benefits in many cases if agreements are in writing but a contract is formed just by offer and acceptance, even if entirely verbal. They offered you the dress on their standard terms (which you didn't bother to question). You accepted the offer and made the first payment.

The law gives certain cancellation rights for distance sales. This wasn't one as you had visited the shop and inspected (tried on even) a sample of the goods. If all deposits etc were fully refundable at the customer's whim, what would be the point of taking one?

km1500

"...even if entirely verbal"

or indeed even if entirely oral 🙂

powerful_Rogue

km1500 said:

"...even if entirely verbal"

or indeed even if entirely oral 🙂

Verbal was the correct terminology.