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Just Said Yes June 2018

Dress doesn’t fit - shop ordered wrong size

Dan, on May 31, 2018 at 8:28 PM Posted in Wedding Attire 0 5
Hi,

im posting to find help for a family friend, she ordered a dress from a local bridal shop in November last year and it arrived in late march/early april. The store owner measured her and stated she needed a size 28 dress. The bride to be is a size 14 bottom and size 16-18 top usually and phoned the owner the day after she was measured to share her concerns about ordering a size 28. The dress is from America so it is my understanding that usually this means a size or two bigger is necessary but surely not 5 sizes.
Upon the first fitting the dress was way too big, the top is a corset style and was huge and loose, the waist was also too big. The dress is designed with pads inside so a bra is not necessary, because it’s way too big these pads are now almost under the arms when wearing the dress.
The owner took the dress and gave it to a dressmaker. The dressmaker came to the brides house to measure her in the dress and then made alterations. 4 inches was taken in on the waist and the corset was originally a 54-56” bust and had to be taken in to 44-46” to fit the bride.
The second fitting arrived and upon trying the dress the style has completely changed and the corset does not sit right as the dressmaker has taken it in way to much. The dress is basically ruined and looks nothing like it should.
The owner is denying any responsibility and refusing a refund. The dressmaker still has the dress in her possession and the store owner is refusing to receive it back from her, trying to force the bride to accept it.
Said owner has also shouted profanities at the bride and my mum and been extremely rude. The dress company have told the bride that the owner should never have ordered a 28 and cannot understand why she did. They also states that the dresses cannot be taken in as much as they have been in this case.
Also the dressmaker told the bride that the dress shouldn’t have been altered so much and that the size was wrong, she also told the store owner this but the store owner is completely denying being told this.
The wedding is on the 9th June and as you can imagine she is extremely upset this, especially since she has paid off the full amount of the dress already.

I was wondering if anyone could point me in the right direction in terms of the law. Is the bride able to write a letter to cancel the contract for the dress as she has not received it yet and I’ve read that you have upto 14 days after receiving the item to cancel it and obtain a refund.
Any help is much appreciated, thanks.

5 Comments

Latest activity by Dan, on June 1, 2018 at 11:36 AM
  • Red Queen
    VIP May 2018
    Red Queen ·
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    It sounds like this was an international transaction?

    Unfortunately, no, there isn't really a magic letter to get out of this, and you still have the problem of the bride needing a dress to wear in less than two weeks! She is going to have to buy off the rack or else a used dress from another bride.

    What country does the bride reside in? How did she pay for the dress? It's very possible that she may have to resort to legal action to get any money back. The time to solve this problem was when the 28 first came in. Doing the alterations may have committed her to keeping the dress.

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  • ISaidHallYes
    VIP November 2018
    ISaidHallYes ·
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    Wow this is so sad and such a shame that a business is acting like this. I do not know anything as far as legalities go. Not sure if you mentioned this but priority one would be to get a new dress ASAP. Also, I would keep note and track of all communications, emails, phone conversations as best as you can so if you do resort to legal action you have a trail. I wish I could help you out better with this wrong.

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  • Julie
    Dedicated February 2020
    Julie ·
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    This is so sad. A very similar thing happened to me: my dress was too big when I tried it on. I was measured and we ordered that size in case I gained weight. Turns out the woman did it all wrong and it was way too small. Not sure what happened. However, I am very far out, so when liability was denied I went in with another attorney and had it fixed.

    There doesn’t seem to be much that can be done here. Even with an attorney (these contracts are very easy to fight), time is not in her side.
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  • S
    Super May 2020
    Shari ·
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    She can absolutely sue and get her money back. With affidavits from the others, she has a strong case. That being said, that won't change her problem at hand. As PPs have said, her worry will be another dress. Sometimes, the threat of legal action is enough to make people conform. I'd say have her send a certified letter requesting am action by a specified date, or legal action will immediately follow. If that doesn't work, have an attorney draft the next letter. Then you must follow through with the lawsuit (if she calls your bluff and you don't follow through, you look weak). There will be many points in that interaction where she will have the "out" to just pay the refund. Whether she does or not will depend on how stubborn she is (and she seems pretty stubborn). The hope is that your friend will get her refund quickly enough to offset her loss and get a new dress. The absolutely end result may in fact, be the filing of the lawsuit (which will be done in the jurisdiction of the dress shop).


    Good luck!

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  • D
    Just Said Yes June 2018
    Dan ·
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    Thanks for the replies! I appreciate all the helpful information.
    Update in regards to a dress: She has managed to purchase a dress from another store today, which is fantastic news but now means she’s paid for two dresses and is left with one.

    Im in the process of writing an official letter to the bridal store requesting a refund as the dress is ruined due to the owner ordering the wrong size and the dressmaker damaging the dress by trying to fix the size issue. I have little hope she will respond within the 14 days the letter gives so i think it’ll end up in court. The good thing is that the dress company who originally made the dress have said that the store owner should NEVER have ordered a size 28 dress when the bride is a size 14 is waist and 16/18 top. I’m hoping to get this in writing as either a letter or email to use as evidence should it go to court.

    thanks again for the help, I’ll keep you updated.
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