Unsure of my consumer rights

Clio79

Hello, I'd really appreciate some advice please. Recently ordered and fully paid for a special occasion dress for my daughter from a local shop her size had to be ordered in and I knew at the time it will be March before it's due. Just before Christmas the shop closed down unexpectedly. I have received an email to say the owner will do their best to honour orders made but as of yet does not know how or where they will meet me with the dress. ie a carpark or house etc I am very nervous and dissapointed in the situation but also I don't know where my rights lie legally here if I have any.  Who is my contract with? Do I have the right to tell her cancel the order I want my money back?

MattMattMattUK

Clio79 said:

Hello, I'd really appreciate some advice please. Recently ordered and fully paid for a special occasion dress for my daughter from a local shop her size had to be ordered in and I knew at the time it will be March before it's due. Just before Christmas the shop closed down unexpectedly. I have received an email to say the owner will do their best to honour orders made but as of yet does not know how or where they will meet me with the dress. ie a carpark or house etc I am very nervous and dissapointed in the situation but also I don't know where my rights lie legally here if I have any.  Who is my contract with?

Who did you pay, a Ltd, a sole trader? Have you got any paperwork? Did you purchase online or in store?

Clio79 said:

Do I have the right to tell her cancel the order I want my money back?

Probably not, at least not yet, it depends on the contract. If the contract has ended because the entity you purchased from has actually closed down then you can potentially go for a refund via your payment method if credit or debit card, if they are still trading but have just closed the physical shop then you almost certainly do not have the right to cancel, but again, it depends on the terms and conditions. 

Aylesbury_Duck

Clio79 said:

Hello, I'd really appreciate some advice please. Recently ordered and fully paid for a special occasion dress for my daughter from a local shop her size had to be ordered in and I knew at the time it will be March before it's due. Just before Christmas the shop closed down unexpectedly. I have received an email to say the owner will do their best to honour orders made but as of yet does not know how or where they will meet me with the dress. ie a carpark or house etc I am very nervous and dissapointed in the situation but also I don't know where my rights lie legally here if I have any.  Who is my contract with? Do I have the right to tell her cancel the order I want my money back?

Your contract is presumably with the business rather than the owner themselves, although it sounds like they're trying to do the right thing.  

Legally you have a right to the dress you ordered or your money back.  Yes, you can try and cancel the order and ask for your money back but if the business has closed then you may be out of luck.  How did you pay?

Undervalued

Aylesbury_Duck said:

Clio79 said:

Hello, I'd really appreciate some advice please. Recently ordered and fully paid for a special occasion dress for my daughter from a local shop her size had to be ordered in and I knew at the time it will be March before it's due. Just before Christmas the shop closed down unexpectedly. I have received an email to say the owner will do their best to honour orders made but as of yet does not know how or where they will meet me with the dress. ie a carpark or house etc I am very nervous and dissapointed in the situation but also I don't know where my rights lie legally here if I have any.  Who is my contract with? Do I have the right to tell her cancel the order I want my money back?

Your contract is presumably with the business rather than the owner themselves, although it sounds like they're trying to do the right thing.  

Legally you have a right to the dress you ordered or your money back.  Yes, you can try and cancel the order and ask for your money back but if the business has closed then you may be out of luck.  How did you pay?

If they are a sole trader and not a limited company then there is no legal separation between the owner and the business.

Mark_d

You contract is with the retailer.  When a business closes down, typically bank loans get paid first.....and customers/shareholders get very little/nothing.  I would try to get a refund from the owner but I expect it's unlikely.  The next thing to try would be your card company, assuming you paid by card.

saajan_12

When was the dress due to be delivered? (I read your OP as the event isn't until March, but please correct me). 

You have to give at least until then and possibly a reasonable extension if its nearly there. Not liking the venue of the handover isn't really a major enough reason to terminate the contract and insist on money back instead of the dress. 

If however they've closed and so will NOT be supplying the dress, then in theory you'd be claiming for the money  back from the company, but in all likelihood they won't have the money either. So your next port of call would be the credit card if that's how you paid.