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Original poster

So the dress broke...(statutory rights advice)

47 replies

smeraldina · 18/07/2012 09:57

I ended up wearing the dress involved in this thread to a wedding. The central bust-line seam split within two hours. It's probably repairable but I don't feel that happy about keeping a dress that started to fall apart so quickly. Despite my temporarily ample norkage, the fit was fine.
I left it at the shop with the receipt and a nice note saying I would like a refund.
Just received an answerphone message from the owner (small boutique) offering me a swap with another dress, or a credit note. Do I have to accept or am I entitled to a refund?

OP posts:
TheDetective · 18/07/2012 10:11

You are absolutely entitled to a refund. Faulty goods.

Why did you leave it at the shop and not get a refund there and then? Sounds unprofessional of the store.

Original poster
smeraldina · 18/07/2012 10:18

Ok TheDetective. Good to know. I thought so.
The person at the store said she 'was not entitled to process refunds' and had to wait for the owner to get back. I had a crying baby in the pushchair. Decided that if I left the dress in the shop, with a note, there was a chance of me pursuing it. And I deal with confrontation better in writing, so writing a note seemed tempting to me. (If I went home with the dress, then I knew that knowing me, I would put it in a bag and get distracted and not get back into town again.... )

OP posts:
HipHopOpotomus · 18/07/2012 10:30

Refund. The dress was not "fit for purpose" - Sale of Goods Act - so you are entitled to a refund in full.

Original poster
smeraldina · 18/07/2012 11:07

Oh bugger. Just phoned store owner back. She seems to feel the dress "is not faulty". It was fine when I tried it on (true). She seems to feel that a thread must 'have got pulled" somehow. She will not process a refund for me. She is adamant that I can either swap it for another dress, the same dress, or a credit note. I had to tell her that I had to go as confrontations like this reduce me to tears and I was about to cry. Flipping heck, I'm a grown woman. She was incredibly nice, I feel horrible as a result. I told her I was feeling 'very disappointed', that I would return to the shop when I was feeling more composed, and hung up.

OP posts:
TheDetective · 18/07/2012 11:14

Name and shame the shop please. I'll ring them. It's not on.... grrrrr.

EnglishGirlApproximately · 18/07/2012 11:23

Please pursue this. If a thread got pulled that implies the item was sold to you with loose threads. Stitching coming apart at the seams seems like a manufacturing fault and is covered by the Sale of Goods Act.

She wasn't being nice - she was acting nice to fob you off!

The fact that it was fine when you tried it on is irrelevant - items are supposed to last more than one wear, if it had done this after 3 wears it would still be eligible for a refund.

Original poster
smeraldina · 18/07/2012 11:29

Oh god. I'm fundamentally not cut out for adult life, I feel. How about I send her this email - and if it doesn't work, I'll name the shop and call you in TheDetective? I feel awful because the lady in the shop was incredibly nice to me, cheerful, helpful, charming - and was nice on the phone just now. She was just very assertive and wasn't going to budge. I felt that I was in the wrong. She seems sure that 'something must have happened' to the dress. I can't figure out what that possibly could have been. I just wore it. I did, admittedly have a child in a sling strapped to me, but she's only ten months, and isn't capable of unpicking a seam.

Dear X,

I am very disappointed with the result of our conversation with regard to the dress. As I said in my note, I wore it to a wedding (daytime only) for 2 and a half hours. I didn't pull or damage the dress. I would like a refund for the dress, as I consider that it is not fit for purpose/faulty. I am delighted with the cardigan that I purchased at the same time.

You offered me some alternatives to a refund. However:

I don't want another version of the same dress as I have lost confidence in it as a garment that is built to last.

I don't want a different dress as that was the only one in the shop that appealed to me.

I don't want a credit note as I don't want my funds to be held captive - I may not, in the future, find something in your shop that I wish to buy.

I very rarely return items. I very rarely report items as faulty. I have shopped a number of times at X over the twelve years I have lived in X. I am saddened that my reasonable request is being met in this way.

I look forward to hearing from you.

Smeraldina

OP posts:
dexter73 · 18/07/2012 11:31

Which advice

This bit in particular - In the first six months from when you get an item, the onus is on the seller to prove the item was of satisfactory quality when you received it. If the seller simply says the problem must be due to something you've done, it's for them to prove that.

dexter73 · 18/07/2012 11:33

You email sounds good.

poorbuthappy · 18/07/2012 11:34

You need to quote the sales of goods act 1975 stating that you are entitled to a refund as the dress is faulty goods.
Don't "dress" up the email. Simply state that and that if you don't hear back you will be taking further action to get your money back.

Dear x

With regard to the faulty dress please be aware that according to the Sales of Goods Act 1975, items are expected to last a reasonable period of time. 2.5 hours is not a reasonable amount of time for this dress to last, therefore it is faulty and I am, according to law, entitled to a refund.

Please also be aware that should you feel you don't need to comply with the law, I will take further action to recoup my money.

I look forward to hearing from you to arrange my refund.

Yours
peed off with crappy customer service.

EnglishGirlApproximately · 18/07/2012 11:37

Agree with poor - the retailer isn't interested in how many times you've shopped there etc. Keep it simple and clear, be assertive - attach a copy of Sale of Goods Act.

Good luck!

Mabelface · 18/07/2012 11:40

Poor's email is better.

Original poster
smeraldina · 18/07/2012 11:52

Ok - I sent poor's email. Shall update when I hear back. Thanks to everyone. Appreciate the support. Was about to give this up.

OP posts:
HipHopOpotomus · 18/07/2012 12:24

Poor's email is great.
I agree shop keeper wasn't being "incredibly nice" or even "nice" - she was trying to fob you off & make you go away, regardless of your actual rights under SOG Act, which I would be very surprised if she wasn't aware of.
Waiting for her reply too ......

Original poster
smeraldina · 18/07/2012 16:28

Here is the reply I received (scroll down). The manager's first language isn't English, I believe, hence the rather broken syntax. Any further advice? I feel guilt-tripped by the 'I thought you loved it' in her email. As you can see from the linked thread, it was actually a dress that I have mixed feelings about so to a certain extent I wasn't devastated about taking it back for a refund and maybe if I really really loved it I would accept the same dress again and seen if the seam went again. But this is besides the point, isn't it? A directgov website says

â–  If goods are not of satisfactory quality, fit for purpose or as described, you are entitled to a refund, repair or replacement.

Does this mean that if the shop wants to offer me a replacement I have to accept it rather than a refund. Or that I get to choose which?

Dear [Smeraldina]

I m very sorry to hear you think that the dress is faulty .
When you tried it on , it was perfect, and I as tried to explain this morning , it s definitly not faulty, it' s just a pulled thread from the seam.
So I'm more than happy to give you a credit note valid for one year ,or you can exchange for any items in the shop.
Or i can as well offer exactly the same dress because i thought you loved it and it s the best seller for [shop]. We've never had a problem with this style and we ve strocked it since 12 years.
So let s me kow what you decide,
Sincerely,

[Manager]

OP posts:
Itdidntworkout · 18/07/2012 16:33

Tell her you will forward her msg to trading standards

Itdidntworkout · 18/07/2012 16:33

The seam ripped after two hours, the dress I faulty.

Itdidntworkout · 18/07/2012 16:33

Is faulty, not I

dexter73 · 18/07/2012 16:35

I agree with Itdidntworkout - tell her you are going to trading standards.

Itsgottabebags · 18/07/2012 16:39

Ring trading standards ASAP and forward them the email etc and take it from there.

DowagersHump · 18/07/2012 16:41

I think you need the broken record technique - the dress is faulty because the seam should not come unstitched within two hours and I want a refund.

Yes, I like the dress but it's faulty and I want a refund.

I'm sure you have been selling this style of dress for 12 years but this one is faulty and I want a refund.

TBH it is the sort of thing some people do with a stitch-ripper so that they can wear something to an event and take it back again afterwards. I used to work with someone who did that a lot

ginmakesitallok · 18/07/2012 16:41

Also irrespective of whether or not it was "perfect" when you tried it on, it didn't stand up to 2 and a half hours wear so is not fit for purpose. Don't give up on this!!!!

suburbandweller · 18/07/2012 16:43

I'd suggest you respond with something like:

Dear Manager

The fact that the dress was intact when I tried it on in the shop is irrelevant. For clothing to be of satisfactory quality and fit for purpose for the purposes of the Sale of Goods Act 1979 it needs to last significantly longer than the 2.5 hours for which I wore it. There was no visible loose thread - but even if the issue was caused by a loose thread this is simply proof of the dress' unsatisfactory quality.

As I am sure you are aware, I am entitled by law to a refund and I will be returning to your shop to receive this within x days. If you continue to refuse my right to a refund I will be taking this matter further, including by notifying trading standards of your approach.

Yours sincerely

Smeraldina

dexter73 · 18/07/2012 16:46

It is a shame that she has been so crap about this as I imagine you will never shop in there again, so she will be the bigger loser at the end.

Glaikit · 18/07/2012 16:47

Yep! I agree with everyone else here. Most items leave a shop in good condition. All you've dozen is pull it over your head and swished infront of a mirror. After 2.5 hours of wear a seam should not split.

Is it consumer direct that are the phone service for this type of thing? Google it and give them a call for advice.