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Hey!
I'm trying to help a friend sort out her wedding. It was due to be in mid-May, but couldn't take place due to lockdown. It's now all on hold. Insurance have generally been really good; they've got some money back from the venue and most of the suppliers, but she's having an issue with her dress.
She bought the dress from a boutique in March. It was ordered direct from the designer in China, in a standard size that they recommended after measuring her. She was rather concerned that the dress would be too big, but paid 50% then, with 50% due on collection in early March. Covid-19 delayed the dress and it arrived on March 23rd, so couldn't be collected. After a week, the wedding shop asked her to settle the balance, stating that the back of her receipt included the T&Cs which said that payment was due "on collection or within 14 days", whichever was sooner. She explained that she wasn't comfortable with this, and they've agreed a payment plan, which she's paid two instalments of.
Her insurance company had initially said they expected that dresses etc would be covered, but she wouldn't be able to have both the dress and the refund, which is fine. But they've now sent their final decision, which says that they will not cover the cost of her dress as it is not in her possession, and in their opinion, the dress shop have frustrated the contract by not being able to provide the dress ahead of her wedding date, which has just passed. They've recommended that she asks the shop for a refund, or claims back via her credit card. They also linked to the CMA guidance which says that;
"In particular, for most consumer contracts the CMA would expect a consumer to be offered a full refund where:
But this seems focused on services, rather than goods, which is what I presume the dress is?
It's not clear when she'll be able to get hold of the dress, and she'd really rather not pay the 50% and then sell it on. They're struggling a lot dealing with the sudden health issues of her FIL, and finances are very tight right now, as well as this being a really emotionally charged situation for her.
Incase it's relevant, the dress hasn't been fitted or altered in any way, nor was it due to be at the shop - they don't provide any alterations services.
Any advice? Celestine, do you have any thoughts? Sorry to tag you unannounced! I'm a bit stumped...
I'm trying to help a friend sort out her wedding. It was due to be in mid-May, but couldn't take place due to lockdown. It's now all on hold. Insurance have generally been really good; they've got some money back from the venue and most of the suppliers, but she's having an issue with her dress.
She bought the dress from a boutique in March. It was ordered direct from the designer in China, in a standard size that they recommended after measuring her. She was rather concerned that the dress would be too big, but paid 50% then, with 50% due on collection in early March. Covid-19 delayed the dress and it arrived on March 23rd, so couldn't be collected. After a week, the wedding shop asked her to settle the balance, stating that the back of her receipt included the T&Cs which said that payment was due "on collection or within 14 days", whichever was sooner. She explained that she wasn't comfortable with this, and they've agreed a payment plan, which she's paid two instalments of.
Her insurance company had initially said they expected that dresses etc would be covered, but she wouldn't be able to have both the dress and the refund, which is fine. But they've now sent their final decision, which says that they will not cover the cost of her dress as it is not in her possession, and in their opinion, the dress shop have frustrated the contract by not being able to provide the dress ahead of her wedding date, which has just passed. They've recommended that she asks the shop for a refund, or claims back via her credit card. They also linked to the CMA guidance which says that;
"In particular, for most consumer contracts the CMA would expect a consumer to be offered a full refund where:
- a business has cancelled a contract without providing any of the promised goods or services;
- no service is provided by a business, for example because this is prevented by Government public health measures;
- a consumer cancels, or is prevented from receiving any services because Government public health measures mean they are not allowed to use the services."
But this seems focused on services, rather than goods, which is what I presume the dress is?
It's not clear when she'll be able to get hold of the dress, and she'd really rather not pay the 50% and then sell it on. They're struggling a lot dealing with the sudden health issues of her FIL, and finances are very tight right now, as well as this being a really emotionally charged situation for her.
Incase it's relevant, the dress hasn't been fitted or altered in any way, nor was it due to be at the shop - they don't provide any alterations services.
Any advice? Celestine, do you have any thoughts? Sorry to tag you unannounced! I'm a bit stumped...
