Wedding Blues - Bridal Shop

[bzbatl]

Georgia

My wife and I (already married) were planning a ceremony/reception in May. Due to death in family and other issues with the participants in the ceremony, the wedding has been postponed indefinently (probably won't happen at all).

Her bridesmaids came into a bridal shop on Nov 5th to be fitted. Three of them put deposits on credit card (approximately $300 worth) and one paid in full by check.

The receipt says "Pay Deposit Before December". It also states near the bottom:

"ALL SALES/CUSTOM ORDERS/LAYAWAYS ARE FINAL! NO REFUNDS! I understand that all monies and deposits applied are non-refundable and there will no cancellations or exchanges!"

They have not received all the deposits (there are 10 bridesmaids) and have not fitted all of them either. They did not place the order for the dresses.

After my wife talked with the owner on Monday, who was very rude and not a very good talker to begin with, she started crying. I gave it a couple days and called her this morning.

She still has not placed the order, but refuses to refund anything. She claims she runs her business "no refunds" and has to pay income tax on everything. I contended that it hasn't even been 30 days, she has not placed the order, and that the services have not, and will not be rendered.

I compromised and offered to give her the 33% (she claims is her tax rate, yeah right) and allow a refund of $300. She thought about it for a moment and said she couldn't do it. Also referred to our story as "bs".

We've received refunds from every other facet of our wedding plans. It's not a huge deal, but at this point it's the principle. I operate two businesses myself, and would never treat someone in this manner when they lost a family member. She claims she gets these kinds of stories all the time and does not refund them. I asked how she felt about stealing from people, and she didn't say anything but started raising her voice at me about not knowing how she runs her business since it's entirely unique.

I'm planning on having the girls contact their credit card companies, but my understanding is that they will not post a refund due to the receipt saying sales final. I am sending the bridal shop a certified letter overnight saying to cancel the order (since it has not been 30 days, only proof I will have) and requesting a refund. Should I include the compromise in the letter? Should I proceed taking her to small claims court?

Thanks in advance all.

[HomeGuru]

Originally Posted by bzbatl

Georgia

My wife and I (already married) were planning a ceremony/reception in May. Due to death in family and other issues with the participants in the ceremony, the wedding has been postponed indefinently (probably won't happen at all).

Her bridesmaids came into a bridal shop on Nov 5th to be fitted. Three of them put deposits on credit card (approximately $300 worth) and one paid in full by check.

The receipt says "Pay Deposit Before December". It also states near the bottom:

"ALL SALES/CUSTOM ORDERS/LAYAWAYS ARE FINAL! NO REFUNDS! I understand that all monies and deposits applied are non-refundable and there will no cancellations or exchanges!"

They have not received all the deposits (there are 10 bridesmaids) and have not fitted all of them either. They did not place the order for the dresses.

After my wife talked with the owner on Monday, who was very rude and not a very good talker to begin with, she started crying. I gave it a couple days and called her this morning.

She still has not placed the order, but refuses to refund anything. She claims she runs her business "no refunds" and has to pay income tax on everything. I contended that it hasn't even been 30 days, she has not placed the order, and that the services have not, and will not be rendered.

I compromised and offered to give her the 33% (she claims is her tax rate, yeah right) and allow a refund of $300. She thought about it for a moment and said she couldn't do it. Also referred to our story as "bs".

We've received refunds from every other facet of our wedding plans. It's not a huge deal, but at this point it's the principle. I operate two businesses myself, and would never treat someone in this manner when they lost a family member. She claims she gets these kinds of stories all the time and does not refund them. I asked how she felt about stealing from people, and she didn't say anything but started raising her voice at me about not knowing how she runs her business since it's entirely unique.

I'm planning on having the girls contact their credit card companies, but my understanding is that they will not post a refund due to the receipt saying sales final. I am sending the bridal shop a certified letter overnight saying to cancel the order (since it has not been 30 days, only proof I will have) and requesting a refund. Should I include the compromise in the letter? Should I proceed taking her to small claims court?

Thanks in advance all.

**A: yes you should.

[bzbatl]

Clarification - Should I file small claims because I have a case against her? Or because of the wording and the girls signing, they all have to eat it?

My slightly logical thinking - says SALES/CUSTOM ORDERS/LAYAWAYS on her receipt. Since she didn't have the dresses in stock, there was no sale. Also can't be a layaway for the same reason. So since she hasn't placed the order, the custom order is out (unless she places the order today).

Or am I just crazy in that respect?

Also - since 4 girls paid separately, should I be the one taking her to court? Or do I name all 4 of the girls as plantiffs, or do I give them the refund then go after the bridal shop? I'm so confused.

[dallas702]

Her statement, which was agreed to, is very specific. Her time is worth money whether she actually made the order or not. I think you'd have a hard time getting out of a very specific contract.

You can't sue on behalf of the girls. It is up to each of them to make their own case. If each of them individually signed the agreement when they made their deposits they are each responsible to abide by the agreement.

The reason wedding supply businesses have these rules is because everyday they get people like you who change their minds or have "unforseen" circumstances and want to cancel.

All of you need to be adults and abide by the contract you all have signed. If you feel badly for the girls then you should reimburse them, but forget trying to get anything back from the wedding business.

[bzbatl]

Originally Posted by dallas702

Her statement, which was agreed to, is very specific. Her time is worth money whether she actually made the order or not. I think you'd have a hard time getting out of a very specific contract.

You can't sue on behalf of the girls. It is up to each of them to make their own case. If each of them individually signed the agreement when they made their deposits they are each responsible to abide by the agreement.

The reason wedding supply businesses have these rules is because everyday they get people like you who change their minds or have "unforseen" circumstances and want to cancel.

All of you need to be adults and abide by the contract you all have signed. If you feel badly for the girls then you should reimburse them, but forget trying to get anything back from the wedding business.

I appreciate the input. I don't appreciate the tone. We are already married, and are being adults. We have taken in my wife's grandfather after her grandmother's death. I don't know how you view responsibility, but reprioritizing your life due to a death in the family seems like a fairly adult decision.

I recognize that time is money, it is in my business as well. As stated earlier, I am fine with compromising with her (time spent measuring the girls). But she has not placed the order, and that is specifically what the contract is for. What she is doing is flat out stealing money from people and not providing any product or service.

Anyway, rant over, guess we'll see what the judge says in small claims. I'll post back my results just in case anyone else runs into this.

[dallas702]

Be sure to let us know what the judge rules. Perhaps he/she will find that a contract is not a contract, but I doubt it. And, you still don't have standing because each girl is responsible for her own agreement.