Ines W.
Invoking my rights under UK law to a refund
Open letter to Elio Auletta - Head of David's Bridal UK Dear Mr Auletta I am writing to you directly because I have been unable to get the service and help I want from your staff members at David's Bridal. On January 18th 2018 I purchased a wedding dress from David's Bridal. Two things happened at that point: A: I was informed that my dress would arrive LATEST beginning of April (I have 2 witnesses who can testify to this). B: I was NOT TOLD that the dress was NON REFUNDABLE. Some time passed and as I had no news about my dress' delivery date I called the David's Bridal store and spoke to a store manager who reassured me that my dress would arrive in March. Mid February I called again, and this time I received a different answer. My dress was only going to arrive on the 14th of May. This is too late for me as I'm abroad from the 11th of April and my wedding is also abroad. Had I known the dress would arrive then, I would NEVER have bought it. Once I found out the dress would arrive too late, I asked for a refund and was told that is not possible. Please understand obtaining this information has been very difficult. I have spoken to a number of your staff who have misled me with different statements. At one point I was told my dress would be expedited and coming with the next shipment. I called when the shipment arrived and was told the dress had not come. After having called many more times, I finally got to talk to an employee who had some answers: - the dress was not ready so it could not be expedited faster - there were no other available dresses in my size in stock in the US - there were no sample dresses in my size available in the US - There is no possibility for the dress to arrive by the time agreed upon during purchase. Since then I have been trying to talk to one of your store managers every day. When I mentioned I wanted a refund I was told the manager would email Davids Bridal in America for answers. But I have been told that 4 times already and no answers ever come. I can't begin to express how frustrating the Davids Bridal customer service is. So many times I have been told someone will call me back, but hardly ever do. Meanwhile I keep waiting for answers. But now I am done waiting and given that my dress has not even been made yet, I want a refund. As an American company operating on British soil, Davids Bridal is bound by British law and particularly by the clauses of the Consumers Rights Act of 2015. I hereby invoke my rights. - Section 20 of the CRA 2015 states my right to a refund when I reject my contract with you. Section 20 7(a) states that by law "the trader has a duty to give the consumer a refund". . Please also see Section 20 (9) and (10) "The consumer’s entitlement to receive a refund works as follows. (10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money". - I claim my rights to end my contract with you because the goods I bought were not delivered on time. Section 28 (2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer. (4) In this section—(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods; (in this case beginning of April) (6) If the circumstances are that—(a)the trader has refused to deliver the goods, (b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or (c) the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential, then the consumer may treat the contract as at an end. As the head of Davids Bridal UK, among the many busy tasks you must do each day, could you please organize for me to get a refund on my dress. If this can't be done, I am willing to raise a complaint through my local ombudsman. Please let me know if I can assist you with further information. Looking forward to hearing back from you. Kind regards


