Sample dress- potential rip off or honest mistake

If I were you or the bride I would call citizens advice for the legal standing of this.

I just want to check, did your sister try on the dress ad it fit, then they sent her a different one after which doesn't fit an also is really grubby? If this is the case then I'd go back to them and just say that this isn't the dress she paid for. Or did she pay for the dress without seeing the actual one she was buying?

I think it's a mistake. They have accidentally sent out the wrong sample. Providing the other is still around, I can't see too much problem with swapping them. You might have to be careful that they don't ask for more money because they are selling a sample in better condition, but suspect the price was agreed when the correct sample was on the table (i.e. this grubbier one would have been even cheaper).

If they get grumpy, threaten them with legal action/small claims court. Oh, and the weight of Hitched anger!

It depends what was agreed to be bough (you have to be very careful with wording) example:

if you go to a shop that sells cod and chips and order fish they can legally sell you anything classed as fish, if you say cod then it has to be cod by law

same thing applies to all businesses, if you agreed to by a sample of that dress they can send you any sample of that dress unless it was 100% specified that you where buying THAT sample dress - unless you have written confirmation of you transaction you may have no proof of which dress you intended or believed to be buying

your main angle to work here would be that the dress doesn't fit, you can use the argument that you wouldn't of purchased a dress in the incorrect size so it was not made clear by the seller what would be received which classes as a false description in trading standards but then there is still no guarantee

good luck

All, Thanks for your replies and support, this has been quite an eye-opener. My sister who bought the dress on our bridal sister's behalf called up shop and was very "oh is it us, are we doing something wrong it wouldn't fit" etc. To give them credit the shop were very nice about it and said there's a knack (!).. ...get her to come back. So it was the correct size - (turns out I know nowt about US sizing!) so bridal sister travelled 260 miles round trip to be taught how to get the dress on.....would have been good to have been told this when purchased/ trying on.... We didn't raise the issue of stains as the wonderful people who do the Baptiste cleaning Process told me that this level of staining is totally normal for a sample dress and though they couldn't guarantee pristine results as it depends on how long it's been like this, these stains are nothing difficult. The cleaners said they regularly get sample dress brides calling in tears over the actual condition of a dress that in the shop didn't look too bad. They explained that the lighting in the shop is usually at a level to be atmospheric but also so stains on dresses that are worn again and again don't show up. I understand this, after all who would have want to have a lovely trying on session with sweat-stained makeup- smeared dresses! However this also means that you cannot see the actual condition of the dress, the Baptiste lady said they've had sample dresses come to them for cleaning pre-wedding that have irreparable and noticeable sun damage, but have been sold just as "soiled". These shops would do themselves a favour if they sold these dresses after showing the customer the true level of staining or damage by taking it outside or to the window into natural light. Then at least you are actually buying sold as truly seen. So as ever, buyer beware of sample dresses. Best of luck to all you brides out there. Charlie

A US 12 is a UK 16 I think. It's definitely that way around anyway. In the US you can be a size zero which is like a UK 4. I'm struggling with the concept of needing instructions on how to put on a zip up dress though. No dress I tried on was that complicated that anyone couldn't have managed. Did anyone help her into it when she tried it at home?

Yes I missed that when I read the first post US and china sizes are always much smaller that UK and European sizes

Yes how complicated could a zip dress be?! Now we know there is a strap you have to wrap around the body which positions the dress correctly, my sister didn't recall that in the shop. So once at home, for this big unveiling to the whole family on her birthday, you can understand emotions were running high, hence once the dress was just put on with the zip edges being inches apart and these "new stains" my conclusion it couldn't be the same dress. Oh re the new stains of makeup at the bustline- these did show up under shop lighting when they went back for the instructions. It's such an obvious red smear my sisters are both sure that these weren't there at the first try on. So another obvious point that if you don't take a sample dress away on the same day, when you do take it check it carefully before leaving the shop to see what else has been wiped on it after another day of hanging up. Not to worry, we are sending it off for this Baptiste cleaning so all should be ok.......

It's a dear price to pay for a sample with such stains on it irrespective of its full price. You and she would have inspected it in the shop at the time so definitely would have seen the bad marks. I don't know how statutory rights come into play in a case like this, maybe you have no come back..but personally if it was me, I'd have it cleaned (providing it does fit with this magical band thing, if not then I'm pretty sure you could have a refund on a dress which suddenly does not fit and therefore cannot be the one tried in the shop), but I would look elsewhere for alterations and other dresses/suits etc. I'd lose faith quickly in a shop that didn't provide the product or service I'd paid for.

Overdue update on this sample dress- Terrington Burchett did the most amazing clean on the dress lipstick/ blusher and all sweat stains removed!