Faulty dress what are my rights

tcem

Just after a little bit of advice please. I bought an expensive prom dress for my daughter fitted at the shop no alterations other than length. Collected a week before prom. Came to put the dress on before leaving the house and noticed a seam coming apart under the zip at the back. Didn’t take any pictures at the time as was about to leave and having to safety pin the seam together to avoid any major embarrassment happening whilst at her prom. I sent photos to the shop the following day. In my opinion (I am not a seamstress) it looks like the stitching has been finished poorly - there are no pull marks where my daughter could have split the seam.

They said they could offer me premium dry clean service and take it up with the manufacturer on my behalf and wanted picture/video of my daughter wearing the dress at the time showing the fault. (I didn’t even think about taking pictures of the fault at the time as I didn’t want to make a fuss and stress my daughter even more plus I didn’t have time). They also said they do a thorough check of the dress before it leaves the shop. I have taken the dress back to the shop but the manager was not there at the time for me to discuss. I left the dress there and asked them not to do anything with it until the manager has called me tomorrow. They did say whilst I was in the shop some people wear a dress then cut seam on purpose.

I want to be prepared when they call me tomorrow. Am I making a big deal out of it? Should I just accept premium clean service? I just feel that paying a lot of money for a dress and for it to be coming apart at the seam before even leaving the house is poor. I have since heard the owner of the shop can be very difficult and obnoxious, hence the reason I want to be fully prepared.

Ps My daughter still wore the dress with safety pins and it was bought using a credit card - non refundable deposit then balance paid.

Thank you for any advice.

rach_k

What is it you're hoping for?

As she did wear the dress, more-or-less as intended, I think a refund is unreasonable. I do understand why you'd feel you had no other choice and that it would've made things stressful at the time, but she did get to use it and the fact that you didn't take photos of it beforehand makes it understandable for the shop to question what happened and when. You know you're honest but I'm sure they deal with plenty of people who aren't.

I would accept the offer of the clean and ask if they would be able to fix the seam for you. I doubt it would take them long. Even if it came undone during wear, that would be reasonable to request as they checked the fitting and a dress shouldn't come unstitched that easily. You are then in a better position than you would've been normally, as you will have a dress professionally cleaned and ready for another event, or ready to sell/pass on to somebody else.

tcem

Thank you my intention was to sell on which is not possible as it is at the moment.

Vitor

The “people cut seams on purpose” comment was not tactful, but it does hint at why shops are cautious with expensive occasion wear. They will have seen dresses returned after one night’s use, known as 'wardrobing'.

I would not expect a full refund here. At most, if the seam genuinely looks poorly finished, you might get a repair, contribution to repair, or goodwill partial refund. A premium clean may actually be more than some retailers would offer after the dress has been worn.

The difficulty is that you have no photos from before the event and the dress was worn, so I would be realistic about what you can get.

By all means ask them to inspect the seam and explain their view in writing, but I would go into the call with realistic expectations.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/82050410#Comment_82050410

I worked in the eveningwear section of a department store...

The number of dresses that came back (usually on the last day for refunds) with wine stains, whiffs of ciggie smoke and stale perfume... And with traces of body glitter or fake tan - despite having apparently never left the bag or been worn was unbelievable.

White dresses were particularly prone to this "party in a bag" phenomenon for some reason. The customers returning were frequently tanned in a way that suggested recent holiday in a warm and sunny country.

I think a repair and clean to allow you to resell is reasonable.

the_lunatic_is_in_my_head

Goods must be of satisfactory quality:

https://www.legislation.gov.uk/ukpga/2015/15/section/9

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

Where they are not and you request a refund within 30 days of delivery (or taking home from store) the trader can not refuse this option under short term right to reject:

https://www.legislation.gov.uk/ukpga/2015/15/section/22

Whilst burden of proof is upon yourself with this option hopefully they won't argue if you mention your consumer rights should you face any resistance.

The other option is repair/replace and within 6 months of delivery burden of proof is upon the trader:

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

Vitor

The Consumer Rights Act still applies to customised goods, but the right to reject only applies if the goods do not conform to the contract. It is not a general 30-day cooling-off period.

With a customised dress, the details matter. If the alterations were made as requested, the customer inspected or tried on the dress in store, and accepted it as OK at the time, it is much harder to argue later that the dress was inherently faulty or not as described.

So yes, quote the CRA if there is a genuine fault. But if the customised dress was supplied as ordered and accepted in store, an automatic refund is not obvious at all.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82051754#Comment_82051754

Trying the dress on/buying in store makes no difference to the CRA.

The only difference with in store is things you’d be expected to see, like a large dent in car, the durability of stitching on dress doesn’t fall within this in my view as consumers aren’t expected to examine every tiny detail on the things they buy, it is expected goods are to be of sufficient quality to last (with consideration given to price) with a reasonable expectation that the obvious be examined.

tcem

https://forums.moneysavingexpert.com/discussion/comment/82051802#Comment_82051802

https://forums.moneysavingexpert.com/discussion/comment/82051754#Comment_82051754

Thanks for your thoughts. the only alteration made was to the length other than that it was off the hanger. When looking inside the dress at the stitching it doesn’t look like it has been finished correctly. Checking stitching before I took the dress away is not something I’d ever think about doing. I was expecting a call today but still waiting.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82051802#Comment_82051802

Given OP's comment

no alterations other than length. 

Came to put the dress on before leaving the house and noticed a seam coming apart under the zip at the back

You would have expected that to have been noticed at time of trying dress on in store?

pattycake

I’m not doubting your story but in my experience of teens, I find it very surprising that the dress was tried on in store and then not modelled once it arrived home. Most young girls would want to try it again with the all the accessories etc. Are you quite sure that hasn’t happened without your knowledge?