to expect a Karen Millen dress to not fall apart at the seams after just one wear?

[Bombus]

I bought a £165 Karen Millen dress about two months ago to wear to a wedding that took place on Saturday. It has thin netting around the back and shoulders. I've only worn it the once and when I took it off I realised that the netting has completely frayed at the seams, leaving two large holes.

I still have the tags (not attached to the dress oviously) and the receipt. Does anyone know what my rights are considering I've had it for more than 28 days?

I am gutted as it was a lot of money to me! I wasn't even dancing as I was knackered (very early weeks of pregnancy) so the dress hardly took a battering.

I thought that the shop was obliged to replace it with something fit for purpose, not actually to give a refund. Though most shops as pricey as KM in the UK do give refunds in practice when goods were faulty.

I investigated this once when I had some expensive shoes from Joseph that broke the only time I wore them, rather spoiling my day at a wedding that we'd gone all the way to Spain for. They were v.apologetic and gave me a credit note. I said that actually I wanted a refund and they said they would have to get clearance from head office. I can't remember what laws I read on the subject but it seemed clear that the actual refund was discretionary. All they had to do was give me another pair - or credit as an alternative.

I have had the pleasure of having to fight with a shop about a faulty product. I kept arguing for a refund as it was a pushchair which I really needed so wanted my money back to buy one that actually worked. I had to get Trading Standards involved first. The law states that with a faulty item the store can first offer a repair, then a replacement and only if they can't do that do they have to offer a refund.

In most cases places with just offer a refund straight away, but by law that's not what they have to do first.

However it is worth knowing that if an item becomes faulty within 6 months of purchase, if the shop claims it isn't faulty it is up to them to prove that it isn't. After 6 months it is up to you to prove that it is.

Bombus, you are entitled to a refund as long as not too much time has elapsed.

Which? Understanding the Sale of Goods Act

monkeyfacegrace, I'm sure people who work in shops don't enjoy it when customers refer to the law. But if a member of staff doesn't know what the law says or how to interpret it, then I think it's fair enough if customers set them straight.

Romanarama, even if that were correct, I don't think it could apply here. If you buy, say, a camera and then find that make of camera has a design flaw and doesn't work, you could accept another make of camera and get more or less the same thing. Can't really do that with a dress, can you?

By the way, I am glad I'm not the only person who thought that reply from monkeyface was rude. Even if we were in the wrong (which doesn't seem to be the case), why shouldn't someone mention what they believe to be the law to a shop assistant? So what if it 'pisses you off'. You've a duty to explain where you stand, not to get 'pissed off' when the fault is your own.

You are entitled to a refund if you return the goods within a few weeks. I have had a terrible time with LKB and refunds too and I don't shop there any more either.

That comment from monkeyface riled me too.

It also really pisses customers off when they spend significant amounts of money on garments that turn out to be crap quality.

What pisses me off monkeyface is the sales assistants and even worse the managers not following the sales of goods act when items are clearly not fit for purpose or of satisfactory quality.

Good luck OP with your refund.

I'm a sales assistant, and am always happy to give a full refund if the product is not fit for purpose and if the customer does not want an exchange. I cannot understand why other shops do not do the same, instead of bitching and moaning over one sale. Lets face it, the markups on items is extortion enough, the money will soon be made back.

And Monkeyface, I am very very glad I do not shop at KM if people like you work there.

' Please dont start spouting laws, it just pisses us off!' Wow that's some refund policy you have there

I hope it doesn't come to this, but you might like to know there are various steps in how to recover your money if you are refused a refund for faulty goods. The final step seems to be either taking the retailer to the small claims court, or taking up the matter with your card company, who are jointly liable for the contract due to the Consumer Credit Act.

Which? How to Complain....

Im about to take Tescos to small claims over a faulty laptop.

If you dont get anywhere with shop manager, write to head office and then small claims.

Woah guys I didnt mean it how it sounded!

I meant discretionary as in, rights aside, we can always override any law/policy and refund anyway.
I meant, whatever some assistants will try and fob you off with, we can ALWAYS refund. There is no 'we cannot' policy, as manager we can refund anything at any point.

And when I said it pisses us off, I meant when really rude customers come in, assume you are not going to be helpful, and start with a huge waffle about laws and rights, when they only had to explain what happened and we will sort it. I didnt mean if an assistant is unhelpful so you have to resort to the law iysiwm!

Im getting all in a tangle with my words. What Im trying to say, is be polite, calm and genuine, and you should be heled quickly and easily. If you are served by a fuckwit, please feel free to go down the law route. But dont start with it!

Can we be friends again now?!

Whew! I understand now. Of course you get cross when people are rude.

I will say though, that KM seem to have quite a bad reputation in this area. Up until a few years ago they used to have those fake signs up saying they would not give refunds, only credit notes, which is very dishonest in my view. The company is trying to take advantage of people not knowing their rights. I suspect this is why people come in all guns blazing to tell you about the law, really.

Do see it's annoying for you if this isn't at all how your store is and you'd just like to do the decent thing without hassle.

They are within their rights to only give a credit note, as long as the item isn't fauty.
A faulty item overrides all tbh. But, we prefer to use discretion, as if we point blank refuse to refund anything (non faulty-just a change of mind), then people will unpick stitchin etc so we have to refund but we cant resell the item.

Ahh Im all in a muddle with my words!

(fwiw I dont actually work for KM, but it's part of Aurora fashions which owns Coast, Warehouse, and Oasis too )

Oh well I don't mind being two years out with my laws, the point was they didn't know anymore than I did and of course if they'd just refunded the faulty item in the first place there would be no need to get loud. I'm pretty sure nobody goes all the way into town for a row, not when mumsnet is available in my own study

Hi,
Just to update - I took the dress back today and the assistant was very nice. She checked with the manager and then gave me a full refund with no fuss.

That is good. Did you check if she was monkeyface?

Nice one!