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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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, I hope you can help me. My family has a wedding shop. We

Resolved Question:

Hi, I hope you can help me. My family has a wedding shop. We are currently experiencing a lot of problems with one of our stockists and we have since decided to cease trading with her. She is causing a lot of problems for us and is being particularly nasty. The latest email threatened that she would not complete all the orders for girls dresses that we have placed. We have several girls waiting for wedding dresses from her! Is there anything we can do? Or is there any way we can have a legal contract drawn up to ensure that all our orders for brides dresses will be completed? Her word is not good enough and she changes her mind all the time. Some of the problems we have been experiencing from her she denies. We have had several wedding dress turn up in the wrong sizes and sizes that do not match her size chart; we have had to cut girls out of their dresses because the zips have been sewn in wrong and their machinists have sewn over the teeth of the zip; we have also found out that her dresses are being made off shore when we were originally told they were being made in the UK and are being charge at British made prices (around £2,500.00 - £3000.00!)
Is there anything that can be done to redeem this problem and ensure that all our girls orders are completed and made properly?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

I will just get my response ready and post on here shortly

Ben Jones :

The issue when you are relying on services to be provided by another party is that you cannot physically force them to complete these orders, regardless of what agreement you have in place. You could have the most detailed agreement in place, which states that they promise to complete the dresses, et if they do not want to do that and fail to adhere to the agreement you cannot physically force them to complete the dresses. It would then mean that you can pursue them for compensation for any losses incurred as a result of this, such as lost business or damage to reputation. So the law would only help you in terms of recovering any losses incurred from the other side’s failure to adhere to a contract you had with them – it can never actually force them to complete the orders as pre-agreed and in that sense you are very much relying on them sticking to their word.

Customer:

So what can we do?

Customer:

do we just have to wait and see if she completes the orders? we do not want to let any girls down!!!

Ben Jones :

you can make it clear that if they do not completed the orders as agreed you will incur many losses which they would be liable for and it will result in you pursuing them to get compensation so it is i the best interests of everyone involved to complete them. Also remind them that it is not you they are letting down but the innocent brides who will have their special day ruined as a result

Customer:

is there anything that we can do to ensure that the dresses turn up correctly? The whole time we have been trading with her we have only had one dress turn up as it should be. In the past 6 weeks we have had to cut 2 girls out of their dress because the zips had been sewn in wrong, we have had 5 dresses turn up that were not made to the right sizes and not in accordance with her size chart/measurement guide, 1 dress that we had to cut the lace off and reapply because the lace had been sewn through every layer of skirt and is only meant to be attached to the top layer, 1 dress that the lace had not been attached to the bodice correctly and was an inch smaller on the bust than itt should be, and 1 dress where the lace had been over attached to the bodice. Everything is coming wrong and they refuse to correct it!

Ben Jones :

again, you cannot force them to delver as agreed - the law only covers you as far as having something agreed and if they do not deliver as agreed - to pursue them for losses incurred as a result of that. But no one can force them to deliver as agreed

Customer:

what if the goods aren't fit for purpose?

Customer:

is the best way just to pursue them for losses?

Ben Jones :

yes, it would be a breach of contract on their part if they have not provided you with something that is as pre-greed or as would reasonably be expected in the circumstances so again you are looking for losses from them. They could also offer to replace it or repair it - that can give you the finished product and if you have suffered losses in the process, like the customer has cancelled or taken action against you for a delay then you an pass on these costs to the other side

Customer:

also, what happens if she sends the dresses to another shop? we have to pay for the girls dress before they deliver it to us and the the girl pays the final amount.

Customer:

she has insinuated that the dresses may not arrive with us dispute us paying for them in full

Customer:

despite not dispute

Ben Jones :

what other shop would she send them to - whose shop?

Customer:

another wedding shop

Customer:

she has insinuated that because we have ceased trading with her she might send the dresses to another stockist of her dresses

Customer:

so we would then not be paid for the dresses

Ben Jones :

but you have paid for them already?

Customer:

we pay wholesale price

Customer:

so essentially 50% of the total amount of the retail price

Customer:

so we pay in full for the wholesale price and then when the dress arrives with us the bride pays the remaining balance for her dress

Ben Jones :

ok but you have still paid for them and as such you are entitled to receive these dresses - if she sends them to soeone else and not you then they have not fullfilled their part o the agreement and it is a breach of contract and you would be entitled to oursue them for the money you have paid plus any losses.

Customer:

ok thanks for your help Ben :)

Ben Jones :

you are most welcome, hopefully it would not get to all of that

Customer:

this has been going on for a while and we think the only way that it is going to be rectified is if we take legal action

Customer:

thanks again

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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