Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
How would you ideally like to resolve this?
I really don't think I should have to refund the customer however I am more than happy for to exchange the dress
I presume she bought the dress in store?
I sell the dresses at bridal sales which I hold in halls around the northwest. I visit 9 different venues and return to the same venue every 3 months, I also have a small studio at the side of my house which I use mainly for fittings.
ok I mean she bought it in person rather than online?
Yes she came to one of the sales to buy the original dress and then again to exchange it. She tried the dress and several others on before deciding which one she would like.
ok let me get my response ready please
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.
The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if the customer changes their mind and no longer wants the goods.
If the goods are not as described, of satisfactory quality or fit for purpose, they will have the following rights:
1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.
2. Ask for a repair or replacement – if they are too late to reject the goods, they can ask the seller for a repair or replacement without causing any significant inconvenience.
A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.
The person may be on the limit of time to reject the dress but it would depend on when it would have been reasonable for her to spot the alleged issues. For example if she did not have the opportunity to examine the dress sooner or did not have any fittings until very recently then she may still be in time.
You could however argue that she has not rejected it within a reasonable time as the exchange was made over a month ago and that whilst you cannot issue a refund you would be happy to exchange it. If she is not happy with that then it is for her to take the matter further and all she can realistically do is sue you but she may not go as far as doing so which means you cannot be forced to refund her until then. With a wedding coming up going to court may be the last thing on her mind anyway.
OK but if she did sue me then would I have to pay her costs.
No you won't because if the value is below £10,000 it will go in the small claims court and there each party pays its own legal costs
you are welcome