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To think this major high street retailer is wrong and the store manager was out of order

(199 Posts)
Notalone Tue 27-Aug-13 18:49:53

I have been looking for a dress for ages and finally found one on Friday that makes me feel amazing. It is pretty much a bog standard dress really but with clever folds and a belt that sets it off perfectly. Except when I wore it at the weekend I realised the belt is stupidly small and squashed me that much I had to take it off. It didn't look the same without the belt though.

I went down to the shop to ask them to exchange the belt for a bigger one and the cashier said that a lot of people had said the same thing but she would have to check with her manager. The manager comes out and refuses saying that if she gives me a different belt then it would make another dress faulty so no she won't exchange the belt. She can't order another belt from the manufacturer either but would give 20% off the dress. I explained that no, I just wanted a belt that actually fit me because the dress is just not the same without it and I want to keep the dress. She looked me up and down and sneeringly said that SHE had tried the belt on, was the same size as the dress and it wasn't big on her at all. I retorted that my friend who is a size 8-10 struggled to fasten the belt too so therefore it wasn't me buying a too small dress. She then said it was only me with the problem and no-one else had complained. I said that is not what her cashier had said so she glared at the cashier and said she should have fed that back to her.

The end result I that she refused to swap the belt and I now have a dress that just isn't the same. I am sorely tempted to go to another tore, try a bigger dress on and just switch the bloody thing over myelf even though I know this isn't right really.

I know there are bigger issues than this but I feel really peeved because the dress cost more than I would usually spend and I really love it with that frigging belt grin

LRG1990 Tue 27-Aug-13 20:06:31

I bought this dress at the weekend & I have the exact same problem!! I bought the size 14 if that helps ? I was going to email head office about it. The belt is tiny & doesn't even go halfway round my waist! The cashier also told me that loads of people have said the same!!

Somethingtothinkabout Tue 27-Aug-13 20:33:10

OP and LRG You should both email them with your complaint and see if they respond saying "nobody else has complained" grin

LRG23 Tue 27-Aug-13 21:06:12

Yes I will do it tomorrow & let you know their reply smile

Mia4 Tue 27-Aug-13 21:11:42

I would say YABU but if the cashier admitted they'd had lots of complaints then perhaps it's a flaw and many dresses have too small belts? Buy another dress with a belt that fits, then take back said dress with your belt. Not all that honest but you get what you want.

Notalone Tue 27-Aug-13 21:34:15

Thank you LRG. Not just me then smile. I wanted to switch it for a size 14 as the belt will probably be snug but at least I would be able to breathe in it. They only had a 14 in red but the belt is the same so not a problem if I do a switch. It can't be stealing if I have paid and am just switching surely?

Thank you for replacement belt suggestions. The New Look belts don't seem to have the detail all the way round though and the ASOS one seems like it may be too wide but it is lovely.

Please update LRG and let us know what they say as I won't be able to get back in store til Sat now so if they give you a replacement then this is what I will do too

skittycat Tue 27-Aug-13 21:48:40

Sorry but I think you are being majorly unreasonable to consider swapping the belt in store with one from a larger size. Essentially you would be damaging something in store meaning the company could no longer sell it at it's full cost. You were given the chance to take discount off the dress, which I personally think it reasonable considering you'd both tried it on and worn it before attempting to exchange.

Fair enough to contact head office of the company to explain the situation - they may be able to supply a larger size of this special belt considering it appears to be a wide spread issue. But going in store and swapping the belt over yourself is both dishonest and unreasonable.

saggyhairyarse Tue 27-Aug-13 22:55:16

The dress is obviously faulty if the cashier said people have said the same and so has another Mumsnetter. If you really like the dress, take the 20% off and buy the belt that Juniper linked to. I dont think the Manager was unreasonable, you cant swap it round and make another dress faulty especially as the belt would be mega small for a larger dress.

bunchoffives Tue 27-Aug-13 23:43:33

People who are saying the OP is unreasonable - the dress is faulty because the dress and belt are obviously not made to the same size. OP is entitled to a full refund under the Sale of Goods Act.

I'd go the sorely tempted route OP. The dress is lovely imo btw.

StuntGirl Tue 27-Aug-13 23:46:10

Only if that's true.

Could you measure the belt OP?

jacks365 Wed 28-Aug-13 00:02:04

Switching the belts would be shopping lifting, however you look at it you are taking something of theirs. It is faulty under the sale of goods act but you would have to return the whole dress which you don't want to do to claim a refund over that and you can't force the retailer to 'repair' the item they gave you a valid option. Yanbu to make a complaint about the manager though.

neunundneunzigluftballons Wed 28-Aug-13 00:12:04

You don't think somone else got their first and changed the belt of a smaller size dress. Can you give us a look

neunundneunzigluftballons Wed 28-Aug-13 00:13:18

Sorry I missed you did

Icelollycraving Wed 28-Aug-13 07:57:11

I think you've been offered as much as the manager needed to offer for goodwill. Ywbu to swap belts with another dress.
Also, it is entirely possible they would recognise you,can you imagine being stopped by security?

VoiceOfRaisin Wed 28-Aug-13 09:42:50

bunchoffives you might be right that the dress is faulty if the belt is clearly a different size from the dress but the OP has WORN the dress anyway. That constitutes acceptance through conduct. She cannot now claim under the Sale of Goods Act. Had she instead got home, found the belt was wrongly sized, not worn the dress and then taken it back then I would agree that she would be owed a 100% refund.

OP you can rely on Head Office good will and ask them to provide a larger belt. They may or may not be able to but you have no RIGHT to demand it.

I hope you get a suitable belt one way or another.

bunchoffives Wed 28-Aug-13 23:00:10

That's not true either Voice

The dress would have to be returned unworn if you simply wanted a refund because you didn't like it, ie you were returning under the shop's own returns policy.

But under the Sale of Goods Act you have the right to return if the goods are faulty in a reasonable length of time. The reasonable length of time varies according to the product. So for a newish car it would normally be up to 12 months. For a food item it might be 3 days. I think it would be more than reasonable to wear a dress once, realise the belt is a different size to the dress and therefore it is faulty.

The first point of call is Consumer helpline 08454 04 05 06 who are really good ime.

StuntGirl Thu 29-Aug-13 00:05:29

I suspect its simply down to sizing and there is in fact nothing wrong with the belt. H&M sizes come up small, for example, especially across the bust so I can never find anything to fit me there. Do I complain about faulty goods just because they cut to the smaller end of the scale, or accept it and shop elsewhere?

Talk of consumer rights is silly, especially when the OP didn't try it on in the first place, wore it despite it not fitting and is now complaining. Chalk it up to experience and make sure your clothes fit before you wear them out in future.

insummeritrains Thu 29-Aug-13 07:43:01

Go to primark. They do thin belts, really cheap that work well with dresses from elsewhere.

The one on your dress does have lovely detailing though, I can see why you're annoyed.

Catsize Thu 29-Aug-13 07:52:38

The dress is not faulty. OP got the dress and the belt on, wore the dress with no problems initially, but then the belt became uncomfortable. Presumably because it wasn't that good a fit after all. OP, did you sit down in the dress when you tried it on? Did it feel uncomfortable after a meal out by any chance? These things should have been factored in when you tried it on. Sorry, but I think offering someone a decent discount after they bought a dress that doesn't fit their shape is pretty generous.

Catsize Thu 29-Aug-13 07:54:38

Yeah, swap the belts. Then someone will complain that the belt they have with their dress is too small and not fit for purpose. Genius. Not.

MrsCampbellBlack Thu 29-Aug-13 07:58:12

Surely as someone else said, its just that belt was designed for an hourglass shape.

I'm generally a certain size but if something has a very defined waist - it doesn't fit me as I'm pretty thick waisted.

I'd email RI with your comments but then go and buy a different belt.

Nice dress though.

Moxiegirl Thu 29-Aug-13 07:58:38

I'd be swapping the belts, immoral or not wink

VoiceOfRaisin Thu 29-Aug-13 09:05:53

bunchofchives the word "reasonable" is important. If there is a fault that you can't notice for a while (I dunno, eg your car's brakes fail after a month, or the dress shrinks when you wash it) then of course you can take it back and demand a refund despite the time delay. Likewise, if the OP hadn't had occasion to wear the dress for a month and so didn't notice the belt for a month then she could ask for a refund despite the delay)

However, it is NOT reasonable, when the fault is patent (a belt that doesn't fit) to WEAR the dress anyway and THEN take it back claiming it is faulty. If you use goods AFTER their fault becomes apparent then you are accepting them in that condition.

:-) End of legal rant.

Bumblebee333 Thu 29-Aug-13 09:06:33

Haven't read the other replies so not sure if this has been suggested but is it possible that someone else has been swapping small belts for bigger belts in that store. the thing you plan to do? which I would do by the way.

LustyBusty Thu 29-Aug-13 09:29:14

How about something like this?
I think it should be thin enough to go through the loops, it's adjustable and has "interest". I don't thing you should swap belts instore, although I understand why you'd want to, it just feels like shoplifting to me.

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