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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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A customer is demanding a refund for a wedding dress purchased

Customer Question

A customer is demanding a refund for a wedding dress purchased from me in January and paid in full, the dress was ordered and is not due to arrive until May, the customer was expecting the dress within a few weeks, the date of the wedding is not until Sep, my receipt states I do not give refunds. Have I got to give a refund, the customer is saying something about the sales of goods act 1979.
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
Did the customer know it would not arrive until May?
Customer: replied 5 years ago.

She is saying no, as both her mother and herself thought I had said two to three weeks,(i was refering to the veil, which also isn't here yet) she has emailed to ask where the dress is and has rang the shop to ask too.

Expert:  Jo C. replied 5 years ago.
I wouldn't worry about this.

She is talking nonsense

The SGA gives her rights to goods that are faulty. This is not as its not even delivery yet.

She means the DSR which gives her automatic rights to cancel unconditionally but that doesn't apply because it wasn't a distance sale and anyway it wouldn't apply even then because the goods are made to specification.

Even if you did agree two weeks, unless she can show that the contract says time is the essence then she cannot just cancel.

This is a classic case of a little knowledge being dangerous.

However, if she does cancel unlawfully you can still only keep the sum of your loss. If you've not made the dress yet then you cannot claim for its full value.

On an aside, the note of your receipt saying you don't give refunds is completely unenforceable. You cannot contract out of the law. If I hang a sign outside chambers which reads 'murder is allowed on these premises' you can probably see immediately it would not be enforceable. Your notice is the same principle and just an issue of degree.

Hope this helps. Please rate my answer.
Customer: replied 5 years ago.

I have to order the dress in and there has been a delay, she tried a size 12 but required a size 10, it is not being made for her it, will that make a difference?

Expert:  Jo C. replied 5 years ago.
Has it cost you any money?
Customer: replied 5 years ago.

it has cost me the dress price wholesale, approx half the retail amount. Delivery cost is spread over the entire order at a approx ten pounds per dress.

Expert:  Jo C. replied 5 years ago.
You can claim for anything that you have actually had to pay - the sum of your loss.