What are my rights re prom dress?

[Drunkendonut]

So... My 16 year old dd had her prom on Saturday night. We spent lots of time and money making sure it was perfect for her as it's a big deal for her and she's worked so hard at school for her GCSE's. She's a total perfectionist and likes to be very very organised. She spent hours trawling the whole of e region for her prom dress and we finally found the perfect one. We don't have a lot of money but we saved up specially as we felt she deserved it.

We had it ordered and made to measure and it cost upwards of £200.
When it arrived we went for a fitting and she tried it on. The zip was a bit sticky but the lady in the shop said this was normal when they were new and managed to get it up using the lead on a pencil? As it softens it apparently.
It was tight fitting but she's like a rake so once the zip was up it looked perfect.
The evening of the prom she put her dress on and we went to fasten the zip. It took a few goes but we got it up and it looked lovely. About 3 minutes later she was just walking to her room and the zip burst. Leaving the zipper bit at the top and a gaping gap, it was impossible to get it down so she was stuck in the dress.
She immediately had a bit of a freak out panic attack ruining her make up (we had paid for). She was effectively completely stuck in the dress.
It was too late to get it fixed professionally so we managed to find some thick thread and sew her into it. She spent the whole night worrying in case it split open again but it held.
When she get home we had to cut her out of it so its now unwearable. (But fixable as it's on,y the bit around the zip).
Now I am NOT a complainer and I'm crap at doing it but I'm so angry that I'm going to the shop tomorrow to complain. What should I be expecting? A full refund? Partial? It's a tricky one as she wore it but there was no alternative! And it's now wrecked so she Will not be able to wear it again if she wanted to.
I'd really appreciate some advice.

[LeBearPolar]

It's difficult because as you say, she has worn it now and it is damaged. I just can't see them offering a refund in those circumstances. They will say that you were happy with it at the fitting stage - which presumably you were as you left with it and didn't ask them to alter anything - and therefore they are not responsible.

I hope I'm wrong

[Drunkendonut]

But the zip broke so it's not 'fit for purpose'?
If it was topshop and a dress zipper broke I'd take it back? This was custom made so should have been perfect.
They may offer to repair it but it's kind of too late now. She may wear it again but the main event is over.
But yea it's a tricky one. Thinking I might ring citizens advice tomorrow.

[traviata]

I think the dress was not fit for purpose - so you are entitled to something. But your DD was able to wear it for its main use - to her prom - although the experience was less good than it should have been and made her upset and anxious, for which she should be compensated, as it was a special occasion dress.

and she can never wear the dress again (without substantial re-sewing.

so I would be asking for 30-50% refund.

[kingbeat23]

I would say that the zip was faulty so it made the whole dress was faulty. Using a pencil to pull the zip up? I work in fashion retail and that sounds like someone trying to pull the wool over your eyes tbf.

Just because you've worn it doesn't make the whole thing null and void you had no other choice.

[Drunkendonut]

Thanks for your replies. I think I'd be ok with 50% but I'd like to know my rights legally. Any legal types around?
They were lovely ladies in the shop actually. Went out of their way to help. I'm so rubbish if people are nice.
Need my 'what would madonna do' head on tomorrow.

[MairyHoles]

I would say that even if the dress zip had split in the middle of her prom instead of immediately before it, she would have already worn it but it still wasn't fit for purpose, as a zip should last longer than one wear. on this basis I would suggest that the fact she wore it is probably irrelevant (I would also return shoes or clothing if it was faulty even after a couple of wears). your statutory right is to an item that is fit for purpose and until you use it for it's purpose you don't know if it's fit - don't let them fob you off about the fact it has been worn. often personalised items "cannot be returned" but they can't take away your statutory rights so bear this in mind too.

here's a link to the Citizen's Advice website.

www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/faulty_goods_e/what_is_meant_by_goods_not_fit_for_purpose.htm

it looks like the dress is of poor quality as well as not fit for purpose, but I would think the not fit for purpose definition seems to give you more likelihood of getting a refund.

[Drunkendonut]

Thanks Mairy. I'm going to go with that and threaten legal action if they refuse. Theyre a small shop and word of mouth is a big deal around here, hopefully that'll be enough.
I feel quite strongly about this, if you pay so much for something you expect a certain quality.

[evelynj]

I don't know that citizens advie is appropriate at this stage. You should have a refund IMO so see what they say & if It's not what you like say you're not happy & will be in touch...

[HerRoyalNotness]

I'd ask for a partial refund, maybe 25% and for them to replace the zip free of charge. She did wear it so had the use of it, but they should fix it now so it can be worn again, whether by your DD or sold to someone else.

I'm rubbish at these scenarios so I wish you luck!

[JaneParker]

It is a breach of the Sale of Goods Act 1979 and she should get a full refund. Start by mentioning that and asking for a refund - you should if you send the dress back keep photos of its damage. If that does not work a repair might be a reasonable compromise.

You could also if that fails - give them 14 days to refund - sue at moneyclaimsonline. Make sure you find the full clear details and address of the seller, not just a trading name.

[LizzieMint]

Just wanted to say that rubbing pencil lead on a sticky zip is quite a normal, well-known trick for dealing with sticky zips. However I wouldn't expect to have to use it on a brand new item! I think you would be entitled to a full refund as the dress was not fit for purpose.

[PastaandCheese]

Poor DD. I had this many years ago with one of my bridesmaid's dresses. Like your DD my sister had to be sewn in.

Just be warned the shop weren't very nice and accused my sister of putting on weight between the final fitting and wedding a week later.

In the end they refunded the dress but obviously I had to leave it with them then. This was fine by me but if your DD wants to keep the dress I'm not sure you can expect a full refund?

[Drunkendonut]

Oh no I'm happy to return it. Sick of the damn thing! Thanks for your lovely help. I'll let you know how I get on today!

[Drunkendonut]

Oh and I took loads of photos of the zipper and dd stuck in it. I even rang the shop the evening it happened and left a frantic 'help if you get this msg' message on their answer machine.

[specialsubject]

graphite is a lubricant and using a pencil is a good trick for unsticking things.

but it sounds like the zip was faulty so make a complaint. A dress that you have to be cut out of is not fit for purpose.