vallumlj

My fiancé went to Go Bridal in Tunbridge wells in Feb this year and bought her wedding dress for next June 2012 as she was pregnant and was told the dress took 8 months to come in. She paid a 50% deposit.

She went back this week to pick the small accessories up and they said the dress was ready even known we were not expecting it until next Feb. She then realizes the extra straps that were ordered were not with the dress and they couldn’t remember them at all. The worst part of it is the dress is the wrong color and the lady who served them has now left. This lady gave them extra discount and the receipt was rushed and they sign it for even know it said ivory. They signed for it because they were not sure what they called the color of the dress was but were happy they were getting the right color because they had pictures taken off her in.

She has tried getting her money back but they have refused point blank
Saying they never did that color and it must have been the lighting in the photo. Her mum paid for the dress with her credit card.

I have not got involved yet but £450 is a holiday so I want it back. I thought I would check here for advice before I go in Saturday day and cause a massive row in front of their customers.

Any advice would be great.

Saxo Boy

You could get the credit card company involved as they can help in dispute situations.

legacy_gtb

iTrader: (3)

Speak to citizens advice first matey, going in all guns blazing when you dont exactly what your rights are could be shooting yourself in the foot! If you find out exactly what your rights are then your argument on saturday will be weighted alot better in your favour!

Write everything down to get the series of events sorted in your head! this mixed with what citizens advice advise you should leave them without a leg to stand on!

Use your phone to record the conversation and start nicey nicey, see if you can get an admittion on tape.

Good luck chap!

Miniman

iTrader: (2)

I personally wouldn't have paid for something 16 months before it's needed, but I know wimmin's are strange about wedding dresses. Even more so if someone one shape is going to change so much. Not sure if that was her first pregnancy, but most women agree that they are not the same after a pregnancy ever again.

My wife only picked hers up about 2 weeks before our wedding and in the last few months went in regularly to check what was going on. As I understood it, the shop made their own and it was relatively easy to make the changes and the dress over a few months (not 16!).

If the wedding is not until June and it takes 8 months to make, why not simply refuse (politely) the one that is being offered. There is still time to remake/redo surely? (Again the funny wimmins/wedding dress thing may mean this is unacceptable).

I can't quite tell who has these pictures (you or the shop), but simply saying "here is a picture of the dress we paid for, we want this". The one being offered would clearly not match that being a different colour and all.

TelBoy

I don't understand the maths. Feb + 8 months = October, surely?


My opinion, and it's only that, is that you have little or no comeback. Put yourself in their shoes. How do they know you haven't just "changed your mind" and want a different colour to what the order says? I''ll be gobsmacked if you win anything other than some sort of goodwill gesture.

Chip

Get advice from CA or your local trading standards first so you know your rights and what to say when you go in the shop rather than going in and making a big scene.

TBH I cannot see why you ordered so far in advance, did you really believe it took 8 months to make and surely your future wife knows that her shape can and probably will change after giving birth.

Good luck anyway.

Chip

mamoon2

Credit Card company are jointly liable, ring them and explain the situation and they will refund you and recover the money from they retailer

TelBoy

Hold on hold on. Liable for what, exactly? Jointly with who?

mamoon2

Jointly with the retailer as they provided the credit for the purchase. Under the Consumer Credit act they are jointly liable for the purchase.

Chip

But surely only if it is deemed that either side is at fault.

TelBoy

A purchase which was fulfilled as per the written order. I see no liability here, except the buyer for not checking the order details thoroughly. If i owned the shop, who won't be able to afford to refund orders like this without a dent in their finances, i'd fight this tooth and nail, sorry but i would.

BrownPantsRacing

iTrader: (6)

From experience, credit card companies can not always help and will not always support you. Still worth a go. Good luck! Horrible situation. At least the shop is still open. My sister found their wedding dress shop had closed just before she was due for a fitting, taking all of their money and leaving them without a dress. Hear so many horror stories you ignore till it happens to you!

lordharding

iTrader: (1)

Yes the retailer would win as it's a written order signed and deposit paid as forms a contract ,haven't a leg to stand on I'm afraid for you sorry

Best try to negotiate with the shop for a different dress or it to be altered rather then just demand a refund which your not entitled for
You would of had a couple of days to check the order anyway

mamoon2

Indeed, but if the shop did order the wrong colour they and the CC Card company will be jointly liable.

A big example of why its important to double check documentation even if you are in a hurry

mamoon2

If this was paid by credit card then there would be no loss

TelBoy

Totally unprovable now though. A photo isn't proof of colour. A hugely unfortunate error but the shop did nothing intentionally wrong, from the information we've been given.

Luan Pra bang

The definition of colors can be pretty subjective, you could argue that you believed that the dress you ordered was in fact described as ivory. I would go to a different shop to buy the dress while taking your chances in court over the £450.

TelBoy

"Believed" it was called ivory won't win you a penny in court. Save your time and money, and try to negotiate some sort of compromise towards a new dress. But then, is ivory really such an awful option? Can you not just go with it?

Luan Pra bang

Yep lots of brides are happy to just use whatever wedding dress they end up with.

If she has a photo of the dress she ordered then she will win in court, blaming the photo can be easily solved by retaking a picture in the same place in the shop with the same camera. I would do the court paperwork and see what happens, its not like you have anything to lose.

TelBoy

Why do you always post "facts" based on what you believe, rather than what you know? Or don't you realise you do this. Consistently.

madhatter2u

I think from what you have posted is that the shop have supplied the colour that is on a signed part payment order. If that is the case, even though you are saying its not the colour you wanted. The shop has supplied the dress as per the written contract & will argue that you have simply changed your mind on the colour. Sadly if it goes down as a change of mind on the colour, the shop are not obliged to offer a refund or an exchange.

Wish

iTrader: (2)

Agree with telboy and mad hatter....


Supplied to signed order. You won't win in a court.

Luan Pra bang

I don't think I ALWAYS do anything. If you mean why do I often post what I believe as fact it's because I have had a lifetime of being right almost all the time.
To get this from a man so full of hubris he once claimed to create wealth is pretty funny. If you have an issue with my posts you can PM me or ignore them but I don't think it helps this thread to mention it on here.

To get back to topic the OP should state his case in writing and once the shop manager has refused to accept any liability they can the offer to retake the photos with the Ivory dress. If the shop manager refuses then it will not look good for the shop in the small claims track. Once it goes ahead the OP must make sure that the court is notified of any witness' who can swear under oath that the dress supplied was the wrong one.
The colour Ivory is not key provided you can tell the court that there are 500 different shades of white and as a subjective term you had no way of telling wether the dress you wanted was described as Ivory or not. The fact that the shop has no witness to call (the original assitant has left probably sacked for making other mistakes) and you have the photos and a minimum of two witness' should make it pretty easy to win. The straps you have no chance on but the rest I think you will be OK.

BrownPantsRacing

iTrader: (6)

Must be a woman!

hodgy0_2

any lawyer worth his salt will tell you, "you have a very strong case, lets take it all the way" (and charge you to say so!!)

fast bloke

So sometimes (as in this case) you are happy to admit you are wrong?

Luan Pra bang

If I took this case to small claims I would win. On the other hand I would have already started to track down. The original sales assistant hoping she left with enough bad feeling to be my witness.

Trout

iTrader: (1)