Consumer rights - torn dress, help!

[FisherThem]

I bought a dress from a (to me) high end boutique British label. Full price c. £350, I bought it in the sale for c.£150.

Lovely dress. Wore it twice, in the evening, at home (to illustrate not heavy wear). Not yet washed it. Was turning it outside in, gently, and the bottom of the v neck has ripped, about 2 inches, would rip further if I did anything else. Might be repairable by a professional but never going to be 100 and always a weakness and visible.

I emailed the company, politely, and had to chase to get a response. They've offered me a credit note of £100 and said they cannot refund as it is worn and cannot replace as sold out. Would you be happy with that offer?

I feel as though I am out of pocket for a dress I can't really wear in the same way and that any credit note assumes I will buy more from them, likely spending over the £100 due to their prices.

You wore it though

And presumably caught it somehow hence the rip..

You wore it and ripped it so seems generous to me

It wasn't ripped bring worn, it tore turning outside in. Is a corduroy dress fit for purpose to withstand 2 hours of wear and being gently handled?

You tore it when turning it inside out, which is arguably more rough handling that it would get being worn. I think their offer is fair.

It doesn't matter

The damage occurred when you were handling it!

It's rubbish OP but I'm not sure what else you can do.

You could try getting them to pay for the repair instead of giving you a voucher? It's going to be very difficult to establish it was a weakness in it rather than how you handled the dress unless there was something not properly stitched. Generous of them to offer you a £100 voucher. Just because it was an expensive purchase for you doesn't mean you can expect it to be indestructible.

Well not necessarily, if the item should reasonably be expected to withstand that kind of handling. But it’s an arguable point whether this applies to a high end dress, as those tend to be delicate by nature.

Just to point out, it might be ££ but it is made of corduroy. I wouldn't class it as delicate.

I’m struggling to picture why a 2 inch tear in the v neck of a corduroy dress can’t be repaired satisfactorily for about £30.

If it was corduroy it can’t be expected to be delicate. Corduroy is not a fabric associated with delicacy of difficulty of care.

It probably ripped at the neck due to insufficient seam allowance. Or because the fabric was too thin. Either way, if it ripped anywhere when being subject to normal wear and tear ( which turning it inside out is) then it’s not fit for purpose.

l have a degree in textile science and used to lecture on textile performance and legal requirements.

You are entitled to a full refund. Under The Sake of Goods Act it’s not of satisfactory quality. Especially at that bloody price.

DO NOT BACK DOWN!

The Consumer Rights Act 2015, not the Sale of Goods Act. Durability is a consideration for whether a product is of satisfactory quality, but it’s going to be very difficult to prove that the tear was due to poor quality, without commissioning an expert report, which would cost more than the refund.

Unfortunately customers take the piss massively, all the time, so retailers have become increasingly reluctant to give anyone the benefit of the doubt.

The Sale of Goods Act has been replaced for most aspects of consumer contracts by the Consumer Rights Act.

You don't say how long ago you bought it. That is critical as it determines your rights.

If it was less than 30 days ago, you are entitled to reject it and receive a full refund.

If it was more than 30 days ago, you are entitled to a repair or replacement. The retailer can decide which. If the repair or replacement fails, you are entitled to a price reduction, or you can reject the dress and receive a refund. If you have had the dress more than 6 months, the refund may be reduced to take account of the use you have had of the dress. You can insist on cash (or a credit to your credit card if that is how you paid). You do not have to accept a credit note.

If you have had the dress for less than 6 months, the assumption is that any fault was present at the time of purchase. The retailer has to prove their case if they want to argue otherwise. However, if you have had it for more than 6 months, you have to prove that the fault was present at the time of purchase.

Note that, if you paid by credit card, your credit card provider is jointly liable with the retailer. If you aren't getting anywhere with the retailer, it might be worth trying your credit card provider.

But if it was corduroy it shouldn’t rip easily. Not like silk.

So it could only be structural issues or poor fabric quality. Can you put a picture on?

If you can post a pic, l can tell straight away what the fault is.

Thank you all. I bought it about 6 weeks ago. I appreciate I could attempt a repair, but as I hope you can see the year is not on a seam so will always be visible and I worry it would remain a weak point. I do feel that there must have been an issue with structural integrity for it to have torn so easily. I was not rough!

I'd suggest looking at this https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl#your-right-to-a-repair-or-replacement

This gives great advice in how to approach the issue of a faulty item (which this clearly is). Even if you've worn it, I wouldn't expect it to rip in normal wear and tear/washes. Just like if you had a toaster that had a handle that broke after a few uses.

There's a template letter that you can use and advice on how to take things further. I used exactly this to complain about faulty earbuds which I'd had for 6 months and after 2x repair and no change, I eventually took them to the small claims court and they settled out of court for the full amount I paid and the court fee. It just takes bit of persistence is all

Could you photograph the inside? It looks like it has a hem rather than a facing which is why it’s ripped.

Thank you all. This is the inside:

It’s ripped at the weakest point. But it shouldn’t have ripped after 2 wears. That’s not normal wear and tear after 2 hours wearing.

Thank you. That's exactly my feeling. I'll go back to them.

Both the outer and the facing have ripped which is really odd as the facing should have provided more than enough strength in that area.

at a guess I would say the V has been nicked by the machinist with e.g an overlocker knife when the facing has been sewn to the outer fabric.

it's going to be hard proving it though