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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44923
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I went into a bridal shop for a dress to get married. I said

Customer Question

I went into a bridal shop for a dress to get married. I said I was a mature bride and therefore didn't want a wedding dress as such, but something more like a gown. I described what I was looking for, eg, long sleeves, not bridal, etc and I was recommended to try on a dress (wedding dress) which I did. Everyone said it looked gorgeous, I liked it, and paid £1,500 for it. My daughter took a photo and when I looked later, I got really stressed as I looked more like a beached whale (in my opinion). The woman said, when I paid, you have 7 days to return although I left the dress at the shop for a minor sewing problem (beads were hanging off - very small). I phoned today to say I had changed my mind, and the owner said they have never refunded in 25 years. She said this was because I could have worn it and then taken it back. I reminded her that it is still in her shop, and she wouldn't budge. She said I could pay another £225 and have alterations to make it how I want it. I haven't slept for 3 nights worrying, but they insist that they didn't say this. My daughter heard it too. Could you please tell me do I have any rights here? At the end of the day, it's her word against mine. The receipt says no refunds for cancellations of orders or cancelled weddings.
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

Please could you confirm how long after paying for the dress and leaving it at the shop have you called them?

Expert:  Ben Jones replied 2 months ago.

Hi Paula. Thank you for responding via the second question you marked for my attention. We will need to continue on this initial thread if that is OK. To confirm, you paid for the dress last Saturday; please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 2 months ago.

Many thanks for your patience. When a consumer makes a purchase from a business seller, their rights to a refund will be based on two things: their contractual rights based on any refund policy offered by the seller and their statutory rights based on legislation.

The 'statutory' rights come under the Consumer Rights Act 2015. The law states that the goods must be:
• of satisfactory quality – they must not be faulty or damaged when you receive them;
• as described – they must match any description given to you at the time of purchase; and
• fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. To be honest I cannot see that the item does not match any of the legal requirements above so in this case you will have to rely on the seller’s own refund policy. In this case they did offer you a refund policy, even if the receipts say that none is offered. Their verbal offer would have amended the official policy if it was given by someone with authority, such as the owner or manager. The issue, as you have identified, is that it is your word against theirs so only a court can decide who was in the right. Of course legal action should only be a last resort but it is there if you need it. There are still other ways you can try and negotiate with them to get a resolution but if that is not possible then you may have to consider the small claims court.

This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow to try and get this resolved, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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