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Should I get a refund on this suit?

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  • 01-11-2014 1:47pm
    #1
    VapeMasterPro
    Banned (with Prison Access) Posts: 12 ✭


    I bought a 3 piece suit last Wednesday 22nd Oct, but they didn't have the exact waistcoat size for me. So I paid for it, and they ordered the waistcoat in.

    Told me it would be in Tues 28th or Wed 29th.

    Called them on Wednesday 29th and it still hadn't come in.

    Didn't come in Thursday either.

    Now I need the suit TONIGHT! If they don't have it, I'm gonna have to hire a 3 piece suit.

    If this happens should I just get a refund altogether and bring my business elsewhere? The thing is they've already altered the trousers for me.


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    #2
    Spocker
    Moderators Posts: 6,862 ✭✭✭Spocker


    You won't get a refund as the item has been made specifically for you i.e. the trousers have been ordered to fit.

    Did you tell them when you ordered that you needed the waistcoat for a specific date?

    Did you approach the shop for the rental of a 3 piece (at a discount obviously) seeing as you need it today?


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    #3
    average_runner
    Registered Users Posts: 12,852 ✭✭✭✭average_runner


    Spocker wrote: »
    You won't get a refund as the item has been made specifically for you i.e. the trousers have been ordered to fit.

    Did you tell them when you ordered that you needed the waistcoat for a specific date?

    Did you approach the shop for the rental of a 3 piece (at a discount obviously) seeing as you need it today?


    Of course he can get a refund, he has paid for a service, told it be ready for a certain date and wasn't, so according to consumers law, he didn't get the service he paid for.


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    #4
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    average_runner wrote: »
    Of course he can get a refund, he has paid for a service, told it be ready for a certain date and wasn't, so according to consumers law, he didn't get the service he paid for.
    Just a quibble: the OP ordered goods.

    There is an established principle in contract law of "time being of the essence". If it was made abundantly clear to the seller that the complete suit was required by a certain date, and the seller sold the suit on the basis that it would be available for that date, then the contract of sale can be voided. The standard of proof for such a claim is quite high: if the vendor had said that he would do his best rather than make a clear and firm commitment to deliver on time, then a claim would fail.

    OP, is there any workable compromise? Is there a good reason why you cannot use the suit as a two-piece? [It's not as if the trousers are missing!] Or might you settle for the loan of a different waiscoat that goes with the suit?


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    #5
    delahuntv
    Closed Accounts Posts: 1,532 ✭✭✭delahuntv


    average_runner wrote: »
    Of course he can get a refund, he has paid for a service, told it be ready for a certain date and wasn't, so according to consumers law, he didn't get the service he paid for.

    And its misguided comments like this that get people going into shops shouting "i know my rights" and making fools of themselves.

    In the OP's case, if they don't have it, then see if they have another wasitcoat that would match the suit. But as above, unless you very specifically told them in advance that you had to ahve it for today and that they agreed to this - there's not a lot that can be done.

    But hopefully they do have it.


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