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Some consumer advice please...

670 views 10 replies 8 participants last post by  jamietd  
#1 ·
My partner ordered a dress on the 16th July and paid a deposit of £160. Upon placing the order the shop assistants advised that the dress should arrive in good time for a function which is to occur on the 2nd Sept. Since then the dress shop has failed to keep my partner advised on progress, was poor at returning calls and when we did get to speak with them they advised the dress should arrive to their wholesaler week commencing 15th August hopefully! As the dress requires alterations my partner decided to look at other options as should the dress be delayed it may not leave enough time.

At this point I personally spoke with the shop on the 1st August to request a refund of our deposit as we weren't sufficiently satisified that the dress would arrive in time and with the service received to date (vague and lack of reasssurance plus lack of customer service). I was promised a return call the next day as the person I spoke to didn't know whether the deposit could be refunded. I then phoned the shop again two days later as I hadn't received a return call andspoke with the shop owner who advised that, when I asked for a refund, 'it shouldn't be problem' but I had to speak to the orignal sales lady my parter dealt with and I spoke with two days previously (getting passed around a bit now). Having tried to speak with the original sales lady and shop owner ever since, and not having calls returned, I phoned and spoke to the manager today who advised that they're not able to get a refund as the dress has now arrived.

At no point when ordering was my partner told that the deposit was non refundable otherwise she wouldn't of placed the order for fear of it not arriving in time as they were unable to guarantee a delivery date. Also the order form, which states the deposit, no where states that it is non refundable. The shop manager verbally told me today that her staff are trained and supposed to advise people that deposits are non refunable.

Am I wrong to think that we are entitled to a refund? If when an order is placed and it's not specified that the deposit isn't non refundable then its fair to assume that should the consumer change their mind they're eligable for a refund?

I'd be grateful for any constructive comments on this.

Thanks in advance.
 
#3 ·
was said:
have a look at the official site :

http://www.direct.gov.uk/en/Governmentc ... /index.htm

ive contacted them several times for help/advice, hopefully they can help.
Thanks I'll have a read.

Other comments welcome. I don't want to think we're being unreasonable here but if a deposit is paid and it's not stipulated that it's non-refundable then surely if a refund is requested it should be given?
 
#4 ·
Hi, IMO the shop has completed the "contract" & supplied the goods on time. You should have asked about refundable deposit, but of course you were happy at the time, just because you changed your mine, it is not the shops problem & you have the dress you ordered, within the time you were happy with. No refund in my opinion.
Hoggy. :D
 
#5 ·
in think you would struggle to get a refund on this for the reasons that hoggy states.

the dress has arrived in 'good time' for the function on the 2nd of sept. that's an age away so you should have plenty of time to get it altered.

unless you stated a deadline for the delivery of the dress when it was ordered, then the shop has kept its part of the bargain.

blimey - a deposit of 160 quid on a frock - that's more than two years of my clothing allowance!
 
#6 ·
I must admit, when I see the word 'deposit'. I assume that it is non-refundable unless otherwise stated.

On the other hand, since the dress has arrived but has yet to be altered, I would assume that it would be simple enough for the retailer to return it to the supplier for credit (as a retailer myself, I can do this easily) or I would imagine that they would be able to sell it on providing it is a current model.

Has your better half gone off the dress because of the lack of customer service or has she found something nicer? If not and the function is a big thing, then she is starting to push her luck to get something else in time.

Hev x
 
#7 ·
When you pay a deposit you are showing that you are serious about the purchase, and are entering into a contract to buy, the shop has no legal obligation to return it.

Have a look at this> http://www.tradingstandards.gov.uk/kent ... efunds.pdf

From what you say the shop given you pretty dismal customer service to date, I would kick up some fuss in the hope you get offered some discount.
 
#8 ·
Really simple:

You made a (verbal) contract where time was of the essence.

If the dress is delivered in time they've met their end of the bargain. End of.

If it isn't, they haven't, and you're entitled to a refund of your deposit.

Making any assumptions (i.e. "I assued the deposit was refundable") about any contract is folly. Personally, my expectation with any deposit is that it is non-refundable unless there is a breach of contract or by mutual agreement.
 
#9 ·
Hev said:
I must admit, when I see the word 'deposit'. I assume that it is non-refundable unless otherwise stated.

On the other hand, since the dress has arrived but has yet to be altered, I would assume that it would be simple enough for the retailer to return it to the supplier for credit (as a retailer myself, I can do this easily) or I would imagine that they would be able to sell it on providing it is a current model.

Has your better half gone off the dress because of the lack of customer service or has she found something nicer? If not and the function is a big thing, then she is starting to push her luck to get something else in time.

Hev x
Hey, no she didn't find a nicer dress. After being left wth no reassurance she searched for the same dress online and ordered it herself directly from America. It arrived within three days and was half the price. Not sure why it took the shop around 4 or so weeks to order it in?!?

To cut a long story short the deposit was refunded to her on Saturday. The shop were refusing to offer a refund but then realised they'd ordered in the wrong size dress (after my partner tried it on). So after all of that they had to refund as it wouldn't fit! Great shop. Their parting words to my partner were ''don't bother coming back'' - which I think is appauling. There is just no need.