Bridesmaid dresses too small
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mzungu2003
Posts: 5 Forumite
Hi,
My fiance went into David's Bridal in Birmingham a few months ago with her bridesmaids, where they tried on several dresses until they found a style and colour they liked.
The dress they finally settled on was only available via 'Special Order', which takes up to 3 months to arrive, so each bridesmaid had their measurements taken by the member of staff and matched against a sizing chart for the order.
The dresses arrived last weekend and my fiance and I went to collect them. We checked them over to ensure there was no damage and everything looked ok. The store advised that we could either take the dresses away for the bridesmaids to try them on or they could go into the store. As it is difficult to get them all together at once, we signed the paperwork to take the dresses away.
The dresses do not fit. At all. They are much smaller than required, despite being measured for the dresses before ordering. One of the bridesmaids has even lost a significant amount of weight since ordering the dress, expecting for it to need alterations to downsize it, and it still doesn't fit!
We've contacted David's Bridal and they've advised that 'Special Orders' are sold on a no-refund, no-replacement policy. Plus they are not able to make amendments to size the dresses up, only down.
My fiance is obviously having kittens about the situation and is distraught at the thought of having to tell her bridesmaids that they'll either have to lose weight or be out of pocket by another £400 to order the dresses again in another size.
What are our consumer rights in this situation??
All help very much appreciated in advance!
My fiance went into David's Bridal in Birmingham a few months ago with her bridesmaids, where they tried on several dresses until they found a style and colour they liked.
The dress they finally settled on was only available via 'Special Order', which takes up to 3 months to arrive, so each bridesmaid had their measurements taken by the member of staff and matched against a sizing chart for the order.
The dresses arrived last weekend and my fiance and I went to collect them. We checked them over to ensure there was no damage and everything looked ok. The store advised that we could either take the dresses away for the bridesmaids to try them on or they could go into the store. As it is difficult to get them all together at once, we signed the paperwork to take the dresses away.
The dresses do not fit. At all. They are much smaller than required, despite being measured for the dresses before ordering. One of the bridesmaids has even lost a significant amount of weight since ordering the dress, expecting for it to need alterations to downsize it, and it still doesn't fit!
We've contacted David's Bridal and they've advised that 'Special Orders' are sold on a no-refund, no-replacement policy. Plus they are not able to make amendments to size the dresses up, only down.
My fiance is obviously having kittens about the situation and is distraught at the thought of having to tell her bridesmaids that they'll either have to lose weight or be out of pocket by another £400 to order the dresses again in another size.
What are our consumer rights in this situation??
All help very much appreciated in advance!
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Comments
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Firstly - i'd find out what the measurements were that they ordered and compare them with the measurements of the dresses provided......0
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mzungu2003 wrote: »We've contacted David's Bridal and they've advised that 'Special Orders' are sold on a no-refund, no-replacement policy. Plus they are not able to make amendments to size the dresses up, only down.
What are our consumer rights in this situation??
Firstly, what they've told you is illegal. By stating this they are attempting to deny your statutory rights, which is an offence in itself. They can say no refunds due to a change of mind, they absolutely cannot say no refunds due to a fault with the product.
If the produced dresses are smaller than the measurements taken, they are not of satisfactory quality and you are entitled to a full refund. If they will not give this directly, you will need to take them to small claims court.
Your biggest issue may be in getting a refund in time to order from another supplier in time for the wedding.0 -
Thanks both - I'll check when I get home tonight if we are able to compare measurements of the dresses against the order.
Will highlight to them that they are in the wrong regarding refunds with the faulty items when I next contact them and see where we get. Will be a pain if we have to go to small claims court for it.0 -
mzungu2003 wrote: »Thanks both - I'll check when I get home tonight if we are able to compare measurements of the dresses against the order.
Will highlight to them that they are in the wrong regarding refunds with the faulty items when I next contact them and see where we get. Will be a pain if we have to go to small claims court for it.
they are only faulty if they differ from the measurements taken., which on balance it would seem they are0 -
they are only faulty if they differ from the measurements taken., which on balance it would seem they are
The shop did the measuring, so if the measurements themselves are incorrect I'd argue the service wasn't carried out to an acceptable standard and the refund would still be due.0 -
Oh yikes. That's the last thing you need when you're planning a wedding! Your poor fianc!e.
Were the dresses made especially to those measurements, or just ordered based on a size chart? It sounds like the latter, so I'd want to take a look at the size chart they used to make sure the shop staff did match up the measurements correctly and order the corresponding sizes. If they did, the issue is clearly with the supplier of the dresses and their crummy size chart.
Either way, the dresses aren't fit for purpose if the dress measurements are drastically different from the measurements the shop took, so I would definitely think you're owed a refund.
The shop is right about one thing though, dresses can't easily be altered "upwards" so they would need to either order bigger sizes (which it sounds like you don't have time for), replace the dresses with something theye have in stock or available to order much more quickly, OR refund you fully so you can find something new.
Good luck!0 -
Dresses too small....three months to make.....sounds Chinese made perhaps?0
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Rainbowgirl84 wrote: »Dresses too small....three months to make.....sounds Chinese made perhaps?
Does it matter where they were made?
The fact is the shop in the UK measured the girls, the shop checked the measurements against the size chart, the shop chose which sizes to order.
The shop are liable for the inaccuracies regardless of whether they were made in China, Texas or Timbuktu. They have a responsibility to rectify the situation for the bride, if they want to take it up with the supplier, wherever they is in the world, that is their prerogative, but is doesn't absolve them of their duty in the UK.Accept your past without regret, handle your present with confidence and face your future without fear0 -
A quick update: We had further conversations with the store leading to a meeting with a manager to discuss the issues and to work towards a solution. Turns out they had not saved the measurements taken on their computer system, so they ended up accepting liability for correcting the issue and have re-ordered the dresses on a turnaround expected for October, 2 months before the wedding.
Pleased with the outcome so far and very happy with the supportive advice provided by this forum, to help us push forward for a solution - thank you, everyone.0 -
mzungu2003 wrote: »A quick update: We had further conversations with the store leading to a meeting with a manager to discuss the issues and to work towards a solution. Turns out they had not saved the measurements taken on their computer system, so they ended up accepting liability for correcting the issue and have re-ordered the dresses on a turnaround expected for October, 2 months before the wedding.
Pleased with the outcome so far and very happy with the supportive advice provided by this forum, to help us push forward for a solution - thank you, everyone.
Will the replacement dresses fit though?I am not a cat (But my friend is)0
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