Summer's Planning Journal 08/20 Update 08/10/07

[Tabetha]

Yes, that would indeed be fraud... If you do decide to query the charges, I would speak to the credit card company to see if they can flag your account so that no additional purchases from that shop can go through.

 

[Eeyore's Tailfinder]

Asking you to pay for dry cleaning?! ***?

A requirement of goods in commercial law is that they be of 'merchantable quality' under the Sale of Goods Act - which this certainly is not, and there is an implied term that this dress corresspond to the sample you tried on (or in this case your actual dress). Breach of this term results in your statutory right to repair or replace (to do so at the seller's expense) OR to rescind the contract under EC Directive 1999/44. You do NOT under any circumstances have to take faulty goods.

An oral contract may be legally binding - however, due to the above, it sounds like it's her problem. Did she make it clear her cancellation policy when you bought it over the phone? If she did send you any T&Cs AFTER making the verbal contract with you over the phone then any of these requiring you to pay the full amount if cancelling would be null and void, as you simply can't introduce new terms to a contract after making the contract.

I'm afraid my contract is a little rusty - but I just took a commercial exam on Thursday - on buyer's remedies actually! Further I would ask your Professor for some advice Best of luck!!

 

[laura forbes]

I agree with other posters try to get your money back it does sound like she was in the wrong. Also would you mind sending me a PM with the shop name I dont want to be in with a chance of using them.

 

[Summer-Caitlin]

Asking you to pay for dry cleaning?! ***?

A requirement of goods in commercial law is that they be of 'merchantable quality' under the Sale of Goods Act - which this certainly is not, and there is an implied term that this dress corresspond to the sample you tried on (or in this case your actual dress). Breach of this term results in your statutory right to repair or replace (to do so at the seller's expense) OR to rescind the contract under EC Directive 1999/44. You do NOT under any circumstances have to take faulty goods.

An oral contract may be legally binding - however, due to the above, it sounds like it's her problem. Did she make it clear her cancellation policy when you bought it over the phone? If she did send you any T&Cs AFTER making the verbal contract with you over the phone then any of these requiring you to pay the full amount if cancelling would be null and void, as you simply can't introduce new terms to a contract after making the contract.

I'm afraid my contract is a little rusty - but I just took a commercial exam on Thursday - on buyer's remedies actually! Further I would ask your Professor for some advice Best of luck!!

When I purchased the dress she did not mention anything regarding the cancellation policy or any terms and conditions. I also have no written documents from her what so ever since paying my deposit for the dress. The only reason I know about the policy is because my mom recently purchased a top from her store, and she made my mother sign a receipt stating she cannot return the item even if it is unsuitable (which it is) This is apparently what she makes every person sign when purchasing anything, however due to all contact with myself being over the telephone, she obviously forgot about me.

Do you think I have any grounds to do a charge back on my Credit card? Oh, I wish I had studies Contract Law, but I don't get into that until next year!

 

[Eeyore's Tailfinder]

If that is the case - I would call her bluff.

Call her up and tell her, I would be more than happy to pay the balance if you could show me a copy of this receipt that I 'signed'. Obviously, she won't be able to. As to the other $400, I would seek advice either from aforementioned professor, or somewhere like Citizen's Advice/Trading Standards - I wouldn't like to say if I thought you had a chance to get it back just in case it's not possible. Good luck though!!

 

[Tabetha]

See, I wouldln't have any further contact with her. I wouldn't want to give her an inkling about the charge back, and let her just deal with Visa.

I would just go ahead and organize my thoughts in writing, and then contact Visa. They're really the only ones who can tell you if you can do the charge back. Nothing ventured, nothing gained, right? I'm sure they've dealt with this type of transaction a zillion times.

Good luck!

 

[Summer-Caitlin]

I have just called the airline I am travelling with to ask about my wedding dress and they have informed me that i cannot under any circumstances carry it on the plane, regardless of how small I compact it I am so upset about this, I honestly thought that if I could get it in a flight bag, then it would be okay, I now have to resign myself to the fact that I must put it in my suitcase, I am so worried that my suitcase may get lost. I know it's unlikely but because the dress is so important, I'm really worried.
So I wouldn't mind hearing some good views from people that have taken their dress in their suitcase...

 

[orangetiggs]

summer- what airline are you flying with?

 

[Glorydaz]

morning Summer,

just reading all the latest on your PJ - as for the dress shop - I agree: don't have any further dealings with her. get in contact with your credit card company and have them reverse the charges. advise them you are not in possession of the goods and have no such written contract.

as for taking your gown on the plane - sorry, can't be of any help there! I do remember reading of one bride who bought a seat for her gown and was thus assured that it was in her possession - may be expensive though..

best of luck!

Michelle

 

[luvsmickey]

I have just called the airline I am travelling with to ask about my wedding dress and they have informed me that i cannot under any circumstances carry it on the plane, regardless of how small I compact it I am so upset about this, I honestly thought that if I could get it in a flight bag, then it would be okay, I now have to resign myself to the fact that I must put it in my suitcase, I am so worried that my suitcase may get lost. I know it's unlikely but because the dress is so important, I'm really worried.
So I wouldn't mind hearing some good views from people that have taken their dress in their suitcase...

Hey Summer! Hopefully this will help! I'm living in Virginia but had to take my gown to my mom's in Louisiana. (She actually drove the gown to Disney) But, I had to get it there. The airline told me I couldn't carry it on so I put it in a suitecase. I was doing this a month before the wedding, so I crossed my fingers that nothing would happen to the gown...Long story short and a 3 hour delay later (by the way it was Friday the 13th!) I finally arrive in New Orleans and the guy sitting next to me says, "Well, don't get too happy yet! You still havn't gotten your gown from under the plane yet!" Could have KILLED him! My nerves were already shot! Anyway, I went to go get my bags with my Brother and sister that met me at the airport. The first one off was the suitecase with the Gown in it!!! My heart started to relax! Well, my brother told me he would grab it. After a few moments he finally picked the bag up around it's middle. I was like "what's going on?" He said, "There's no handles!!!" WHAT???!!! The bag was destroyed!!!! All the handles were broken off and the side was torn!!!!!!!! OMG, MY DRESS!!!! Was all I was thinking. I immediately opened the suitecase and found the gown completely unharmed!!! ahhhhhh....thank goodness. Now to kill the airline for giving me a Heart Attack! I went into the baggage claim/damaged office and told them about the bag and that MY WEDDING GOWN was in it! AND that I had been assured that it would be more than ok under the plane! She appologized and gave me a duffle style bag big enough for me to put my wedding gown in and took my destroyed suitecase...It was part of a matched set, of course...Well, anyway, I didn't want to scare you but I wanted you to know the truth...The only reason that my gown was ok (especially seeing the state of the suitecase!) was because the suitecase had hard sides and couldn't have been damamaged. SO, make sure you have a NICE suitecase, and by nice I mean Durable, to take your gown in, if you can't carry it on. ALSO, after I got off the plane the lady asked me why they didn't put a FRAGILE sticker or tag on the suitecase...of course I didn't know they even had them, so, lesson learned! Ask them for a FRAGILE sticker and/or Tag to place on the suitecase, that way at least they have some warning that the item(s) inside is valueable to someone! Well, I really hope my scary story didn't scare you...It was meant to help and the good part is the gown was fine!!! Just make sure you don't make some of the mistakes I made...Good Luck!

 

[jodeeluvsdisney]

Summer, I am just so sorry you have had so many dress issues!! Hopefully things will only get better from here on out! I am feelin' for you girl!

 

[Summer-Caitlin]

I am flying MyTravel airlines. Thanks ladies for all the support, I haven't ever really had problems with my luggage before, i did have a piece of luggage lost coming from Sydney to Honolulu and I have had luggage damaged, but other than that, I've been quite lucky I guess. Thanks for the tip, luvsmickey, I will certainly ask for a Fragile Sticker and I am now going to buy a hard case suitcase. It is nice to hear though that you dress was unscathed, I would have been flipping out
Buying another seat is out of the question apparently anyway, no clothing is allowed to be carried on, only what you have on your back, I really have never heard of this rule I am just going to pray to the heavens above that my dress will be safe, positive attitude and all that

On another note we finally bought a new digital camera for the wedding and honeymoon, so i should be able to take better pics of my ring this weekend. I'm really happy with the camera, it's a bit big (Fuji S6500), but it takes really good pics.

 

[orangetiggs]

Cabin baggage
Each passenger is permitted to carry ONE item of cabin baggage through the airport security search point (NB. Subject to the bag dimensions set out below, a bag or bags contained within a bag may be deemed to be one item of cabin baggage). The dimensions of this item for all charter flights must not exceed: a maximum length of 45cm, width of 35cm and height of 20cm (including wheels, handles, side pockets, etc). Scheduled airlines do allow slightly larger dimensions. Please see the following website for more information. Please see the following website for more information

This is from thier website so I dont see why you cant get it in a bag of these dimensions. I bet the person on the phone got confused and thought you were taking it on in a dress bag which would be too big.

I used to work for Virgin Atlantic and we were told to tell people that they could not carry it on in a dress bag but as long as its the same size as the allowed cabin bag it would be fine

 

[orangetiggs]

http://www.mytravel.com/AniteNextPage.asp?p=CONTACTUS

where i got the info from

 

[Summer-Caitlin]

Thie thing is I said to her on the phone I intended to sapce bag it and put it in to a flight bag within the dimensions they have quoted. She said it is not allowed as a carry on, I don't get it, do you think I should call again? I'll have to sneak off to the toilet to do so, as i'm at work and they close at 5pm.

 

[orangetiggs]

i would cos as long as its the size of cabin bag they should allow it on! Maybe cos of the space bag thing, maybe that confused the situation.

Was the call centre in the UK??

 

[Summer-Caitlin]

Yeah, it's an 0161 number, wherever that is?

 

[o0IrishEyes0o]

I would call them back. Just state that you are going to have a piece of luggage the conforms to their size restrictions, however it will only have a single article in it (a gown).

Just say you were a little confused about their restrictions, but that the gown WILL BE in a piece of luggage, not a dress bag.

 

[karentan]

i took mine in a hard sided suitcase, marked with fragile stickers, vith virgin atlantic, no problem at all. never thought to take it in cabin cos it was fairly big dress and didnt want to crush it.

 

[Summer-Caitlin]

Ok, I've been mucking about with my new digital camera and I managed to get some good pics of my ring, well at least they aren't blurry.

One in the box

Side view in box

One on my hand

I was out yesterday looking for a suitcases in particular one for my dress, and I saw these really pretty hard suitcase set. They are soft pink by Carlton, I think they look pretty cute, although I don't know if Steven will particularly like them

The large one is 78cm and the medium one is 68cm. The biggest one weighs 5.9kg and I am allowed 20kg per person. Initially we were only going to take 1 large suitcase between us for the 3 weeks, but because I now need to take my dress in my suitcase, we will definately need 2. I have purchased them so hopefully that is our luggage sorted!