Sold Goods Returns Rights?

Pug

Pug

Pug

Soldato
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20 Oct 2002
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Over there...
Hi all,

the missus and i are getting married this year, and she has been buying wedding dresses, yes multiple!

The first she bought in retrospect she felt pressured by her mum and felt uneasy afterwards that she'd bought the wrong dress (after she'd paid in full).

The dress never left the shop, they hled onto it there as she was going back to have it measured to be adjusted for her figure.

This was about 2 weeks ago - so she paid in full, and left the dress in the shop.

Since she has found a dress she fell in love with - i told her to buy it - even if we cant get a refund on the other because itneeds to be perfect.

Now she's tried contacting the original shop to try and get a refund (even if they take a chunk out for a deposit) and they have flat said no.

Where do we stand on this issue? I am waiting to speak with CAB, but i fear we have no consumer rigths to a refund (or even credit notes) due to "changing her mind" (even though she went down the weddings been cancelled route).

Any experience out there?

cheers
 
I think they can have a policy where they can refuse a refund if there is no fault with it.

It's the same in our business, you can try before you buy as much as you like but once you've left the store with the product we refuse to refund or exchange unless there is a fault.
 
If it still wasnt fitted carnt you just sa returning due to not fitting?

I really dont have a clue but that popped into my head (Probably a pointless post tho, sorry)
 
A wedding dress is a custom made item - women choose a design they like off the peg and then their dress is made from scratch just for them.

So your wife's first dress will have been commissioned by the shop and they will have paid for it based on her committing to purchase it. Now she has coughed up for it do you really think it's in the shops best interest to take it back (bearing in mind they probably won't be able to sell it on) and give her a refund?

There is no repeat business benefit for them her either - as wedding dresses tend to be a one-off purchase, most women only ever have one.

You're going to have to suck it up on this one I'm afraid and probably ebay the dress or perhaps explain to the shop that its no longer wanted (don't ask for your money back) and ask them if they can try to sell it for a small commission?

EDIT: I just re-read your first post and it seems that it may have been an off-the-peg purchase, this could change things but I wouldn't hold your breath.
 
AFAIK, you have no rights to change it or get a refund.

It's not very helpful of them to flat out refuse to do anything, if they haven't even adjusted it or it's not left the shop though :\
 
Pug said:
the dress stayed in the store. But i think thats the way its going to be...
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Well she was happy with it, she paid for it in full. There is no fault with it so the store can refuse a refund if it's their policy.

The main reason is they can't send it back to where they got it from because there isn't a fault and because it's been sold once they technically have to put the dress back out as secondhand by law.

I think there is very little you can do.
 
aye it is indeed an off the peg purchase, which was going to be modified nearer the time.

I think we will have to suck it up tbh. The manager is in next week, hopefully i'll get more joy out of her. Its a franchised business so i wondered if there was recourse through the franchise provider (though probably not).

As i say, we'd even consider putting the money towards bridesmaids dresses from the same store, but they're just flatout saying no.
 
Tom0 said:
she paid for it in full
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Dont get me started on that one - shame blokes cant be there for these things heh

because it's been sold once they technically have to put the dress back out as secondhand by law.
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That cant be true surely? With a full refund, and the item never leaving the store its not exactly second hand. They also didnt order it in - its one of their own designs thats just sitting on their pegs.

I guess i'm a little disgruntled by the fact she paid all out for it, and didnt even take it with her - to me that meant we'd stand a chance.
 
Was she to pay further for the fitting or is that part of the price she has paid? Was the dress to be finally delivered to her or would she walk out of the shop with it (once having her fitting)?
 
fini said:
Was she to pay further for the fitting or is that part of the price she has paid? Was the dress to be finally delivered to her or would she walk out of the shop with it (once having her fitting)?
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Yes, fitting was to be extra, and she would walk out of the shop with it afterwards i assume (though entirely possible to get it posted i guess).

Does this alter anything? (Thinking distance selling?).
 
No distance selling - I was thinking whether delivery had taken place just to see whether the contract had been substantially performed.

As fitting was to be extra then you're up a bit of a creek unless the store has a published standard terms anywhere - saying something like 30-day no-quibble money back guarantee or something similar.

I think the best you can do is go and talk to them - I can't see a legal remedy available. I assume that her mum doesn't work at the shop?
 
I'd say that the shop has no obligation to refund you if you just change your mind (unless it's sold under DSR, which this isn't) and nothing is wrong. However, most shops/chains do out of goodwill. It really is up to you to try and get anything back. I suggest that you read their terms and conditions of sale (on receipt, website, etc) to see if they normally allow refunds and are just being devious with you this time.
 
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cheers folks. Not what i wanted to hear, but what i expected!

Anyone want a wedding dress BNWT, in ivory (apparently), never been worn ~size 8?

lol

no her mum doesnt work in the shop, just local to her mum.
 
Hodders said:
Get them to mail it to you - pay for delivery if necessary. Then you've got the distance selling regs.
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Doesn't work that way.
It was paid for and purchased "in store".
So the customer had every oportunity to see the item before purchase.
If it was now sent it would simply be a "home delivery" option - the item was not purchased "at distance".
 
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