Legal Question in Consumer Law in United Kingdom
Wedding dress ordered 6 months ago. Told 16 weeks on ordering
I ordered a wedding dress back in June. On ordering my dress I was told the dress would be 12 - 16 weeks. I called at the end of the 16 week period to ask where the dress was. I was told the dress had been sent back to the manufacturer as there was a floor in the material. I was told the dress would be another 5 weeks and then at the end of the 5 weeks I called the shop again to be informed that it had not come in as had missed the shipment and would be another 2 weeks. It has now been 6 months since I ordered my dress and I have been told by the shop that the situation is out of their hands. Where do I stand on this? I have 6 weeks until my wedding day and will have only 4 weeks if the dress comes in at the end of the extension of another 2 weeks. I have asked the shop to request that the dress is shipped as a special delivery and they have refused. Am I entitled to claim some kind of compensation and if so what sort of percentage? The dress costs nearly �700 and I have paid half of this as a deposit. This has caused a lot of upset and stress as I am not going to be able to order a dress from an alternative shop due to the lack of time I have until my wedding.
Many thanks
1 Answer from Attorneys
Re: Wedding dress ordered 6 months ago. Told 16 weeks on ordering
There is a fundamental breach of contract on the part of the shop. The contract you had with them contained the terms that delivery would be made within the specified period. This term has been breached and you are entitled to rescind the contract and have your money refunded. It is not good enough for the shop to say that matters are out of their hands. They are responsible for delivery within the specified time and cannot escape responsibility.
Although the legal position is quite straightforward, this does not necessarily answer your problems. I appreciate that if you cancel the order and take your money back, you could well not have a dress for your wedding. If it is impossible to obtain a dress elsewhere within the time available, you may well have two rely upon the original order but should require the shop to pay you some compensation for the worry you have been caused.
Andrew Dutton
Legal-Zone
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