Internet order problem

[oops a daisy]

Hi, I wonder if anybody can give me some guidance on a problem that I am having with an order placed with a internet company.

I ordered a made to measure evening gown from a company with a matching stole. The dress arrived but when I tried it on it was not fitted to the waist and was far too long - I had supplied all of my exact measurements to the company when I placed the order. The stole did not arrive with the dress so I waited till the stole arrived to try it again to see if the bump at the back caused by the dress not fitting correctly at the waist could be covered by the stole. I was also going to look into having the dress taken up but that would have only cost me more and I think it would have ruined the line of the dress. When the stole arrived and I tried it on again I decided that it really was not going to look very good and for the money I should get a perfectly fitted dress, so I wrote to the company and requested a return code so that I could get a refund. The company have sent a letter back to me from their legal department, refusing to give me a refund and saying that the dress should have been returned within 5 days ( as stated on their website ) and that they are covering themselves because of people wearing dresses and then returning them for refund. The company that I bought the dress from is Formal Gowns Direct/home of high quality wedding , prom , evening and prom dresses and I can copy the e mails onto here if required.

Thankyou for reading and any advice would be appreciated.

[POCA]

Well, you could try arguing the following with them:

 

1. Sale of Goods Act 1979, s. 13 stipulates that goods sold by description (i.e. sold to you on the basis of your measurements as a fitted dress) must match the description. It seems the dress does not.

 

2. s. 14 stipulates that goods must be of a reasonable quality and free of minor defects and of a reasonable standard and finish. I'd argue this is not the case with your dress.

 

3. Point out to them s. 48A(3). This states that if goods do not conform to standard within 6 months of sale, they are deemed not to have conformed from delivery. Their 5 day limit is meaningless.

 

4. Under s. 48B the seller is required to repair, replace or refund.

 

5. Under common law there is a breach of contract entitling you to cancel the contract and obtain a refund.

 

6. The rights contained in ss. 13 - 15 of the Sale of Goods Act 1979 cannot be restricted, as per s. 6 of the the Unfair Contract Terms Act 1977.

 

7. The attempted restriction of 5 days is an unfair term within the meaning of Regulation 5 of the Unfair Terms in Consumer Contract Regulations 1999.

[oops a daisy]

WOW POCA that sounds really good - wish I knew all that stuff. Right I will read up on the sections that you have listed of the sale of goods act and put another e mail to them. Thankyou very much for your reply.