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I was wondering if you could offer me some advice on the following:
My sister is getting married in December this year. She chose a dress from a local branch quite early on (February) but made her choice quite quickly as she was feeling the pressure from the sales ladies.
Since then, she has been racked with fear that the dress isn't right for her and that she should've waited longer etc etc.
Now, as the dress was paid for in full up front (a mistake in hindsight, I know), she doesn't have the option of simply going and choosing another.
I have contacted the shop to discuss the possibility of them reselling this original dress and transferring the money she spent on this to a new dress that she will select from in store. The dress is what they refer to as a sample dress so it was not specially ordered in and no alterations were made so I can't really see any problem with them putting it back on the shop floor.
It may be that when she tries it on again, she will realise that she does love it after all, and will want to keep it, but it would be great if she could have the option of changing.
When I called the store last week, I was repeatedly told that I need to speak to the Manager but they are no sure when he is in (reassuring!) and when I did finally manage to speak to him he was very rude, but said that he would look into for me, as it is not their usual policy, and call me back. He never returned my call and I did try to call him again on the Friday and left a message but never heard a word.
I called again on Tuesday and spoke to a lady this time, who said the same thing and promised to call me back, but again, here I am today with no returned call! So I call again, and have to explain again to another staff member, and am yet again waiting for a call!
I am soooo frustrated with all of this! The dress wasn't exactly cheap and the aftercare we are receiving is substandard. If they have a legitimate reason for not being able to offer what we are looking for then fair enough, but simply calling me back and telling me that would go a long way!
What I'm looking for advise wise is:
Can the shop refuse a refund in this situation (bearing in mind no cost has been incurred by them)?
And, if they continue to ignore me, what is the best way to complain about this, without upsetting the boat too much as her fittings are also booked with them and I don't want anything to be ruined for her.
If they say it is not shop policy, then it must be written down somewhere or they made it up on the spot.
I can't see why they are so unfriendly as there is plenty of time to hang it back on the rack to see if anyone else will buy it.
I can't help you legally, but I do sympathise with your sister.
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Generally: should you purchase an item, there is no obligation for the shop to return and/or refund the item unless it is faulty.
Specifically: I do not know whether this is affected by the fact that the item has not in fact left the shop.....
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
The annoying part is that we are not talking about taking the money elsewhere it would still remain in shop, just on another dress, for which we could end up spending another couple hundred pounds on, which would work in their favour.
It's just trying to get them to acknowledge one way or the other which is so frustrating. The amount spent on this dress was not small by anyone's terms, and some good customer service would be much appreciated.
The annoying part is that we are not talking about taking the money elsewhere it would still remain in shop, just on another dress, for which we could end up spending another couple hundred pounds on, which would work in their favour.
MrShed is absolutely right. There is no right of return in law simply because you have changed your mind. Stores that offer this for a limited period do so for customer service/goodwill reasons.
One thing to bear in mind, is that if the purchase was made in full in February, you are now asking them to undertake some fairly complex financial manoeuvres as we are now in a different tax year, VAT period and possibly shop financial year. Consider also, that the assistant may have been paid commission on the sale - how is this to be repaid?
It's just trying to get them to acknowledge one way or the other which is so frustrating. The amount spent on this dress was not small by anyone's terms, and some good customer service would be much appreciated.
I can understand this. If they are not going to do it, it would be nice if they would let you know.
Regarding the commission on the sale (which I sure there was), I assume commission would still be applicable to the new dress (with possibly more being paid) if she were to chose a new dress?
I see your point about the tax years though and can appreciate that it could be tricky to address. But do most stores not have an appropriate process in place for this, for returns (faulty or otherwise) of goods even a couple of days past the change in Tax year? Just an idea.
Short of showing up at the shop unannounced though, I am not sure how I am ever going to get a response from them. I'm loathed to do that as I don't want to push them too much in case they then decide to be difficult around the fitting appointments.
Regarding the commission on the sale (which I sure there was), I assume commission would still be applicable to the new dress (with possibly more being paid) if she were to chose a new dress?
But income tax and NI would have been paid on the commission by the individual. Allowing what you desire, does not lead to a definite new commission, only a vague promise of future sale.
I see your point about the tax years though and can appreciate that it could be tricky to address. But do most stores not have an appropriate process in place for this, for returns (faulty or otherwise) of goods even a couple of days past the change in Tax year? Just an idea.
Short of showing up at the shop unannounced though, I am not sure how I am ever going to get a response from them. I'm loathed to do that as I don't want to push them too much in case they then decide to be difficult around the fitting appointments.
But you're not just returning it, you are effectively asking them to buy it back and you may buy another from them. Returns will be written off against profit in the year they are made. There will be forms they submit to head office for returns. An individual store may not have authority to buy for stock and you are effectively increasing their stock by one dress. I doubt that they have the necessary HO forms for purchasing stock.
OK, I think I understand what you are saying above (have some limited accounting experience) so I can understand the difference between simply returning and asking them to buy back.
But, to clarify, if I bought, for example, a top from a shop a few days before the tax year end, and then returned it a few days after the tax year end in a saleable condition, for a full refund, surely this would then be resold? Or would they just throw it away and account for it as faulty instead in order to save on the paperwork? Which would mean that they obvisouly couldn't do that with a wedding dress as the cost of simply throwing it away would be too great.
I think I have the understanding correct now yes? I just want to be able to understand fully so that I know their point of view as well as my own and can explain to my sister fully if they refuse.
I appreciate also then, that this may require approval from higher up the chain but it was been two weeks and I have still not received a reply from them either way. Nor have they communicated that they would need to follow any such process. I just get incredibly frustrated by the lack of communication.
But, to clarify, if I bought, for example, a top from a shop a few days before the tax year end, and then returned it a few days after the tax year end in a saleable condition, for a full refund, surely this would then be resold? Or would they just throw it away and account for it as faulty instead in order to save on the paperwork? Which would mean that they obvisouly couldn't do that with a wedding dress as the cost of simply throwing it away would be too great.
A 'normal' return will either be written off or offered for sale at a lower price - since it is 'used'. It would be illegal for the shop to offer it as new. If the value was/became too low, it would simply be written off as a cost of trading - directly affecting the bottom line.
I accept that in your case, the dress has never left the shop and this complicates matters. They could argue that you have purchased and that they are simply storing FOC and for convenience. You could argue that they haven't actually delivered the dress and therefore it is still new.
Either way, you are totally dependent on their goodwill as you have no right in law to return the dress and recind the contract
I appreciate also then, that this may require approval from higher up the chain but it was been two weeks and I have still not received a reply from them either way. Nor have they communicated that they would need to follow any such process. I just get incredibly frustrated by the lack of communication.
Sorry for whinging.
Their lack of communication is appalling - even if only to say "No" at a management level.
I don't see your posts as whingeing - it has been an interesting discussion which has provoked some thought on my part
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Originally Posted by DoryDory
