I am a fashion designer specialising in ...

Asked by Helen Coetzee on 11-12-2023 12:26:57
Question posted in the Consumer Protection Law category relating to Eastern Cape

I am a fashion designer specialising in Matric Dance dresses.  I make only on special orders from my clients.  I work with a 50% deposit and the remainder needs to be paid before collecting the dress.  I designed a dress for a girl who came to collect it on Tuesday 5 December for her matric dance.  She fitted the dress, and I made her move in it, jump up and down and dance a bit to see that the top part of her dress stayed in place.  I also showed her how to put on the top.  After she tried it on (with her mother present) and was extremely happy the mother paid the remainder and they took the dress.  Friday evening at 7pm I got a message to say that the dress is a disaster and the top is not staying in place. I replied Saturday morning to say I am sorry to receive her message and would like to determine what went wrong as it was perfect on Tuesday.  The mother accused me of not fitting the dress propably - which is noncence as I have a video of how it fitted on Tuesday.  Furthermore the mother claimed that the top part dropped down only after wearing it for 15 minutes - if this is the case why was I only informed at 7pm and not early the afternoon when she put it on? I also have a photo of her in the dress just after putting it on on Friday afternoon and from the photo it is clear that she didn't put the top on as I have instructed her to do.  The dress got damaged badly on Friday night - which the mother claim is my fault. 

I asked them to come thru to my business premises during this week and to put the dress on for me to determine if I were at fault, but the mother refused. She said she was only available on Saturday 9 Decmeber and unfortunately I was not.  I also offered to consult with them after hours, but she said she will not.

What am I to do? Are they entitled to a full refund even if they inspected and fitted the dress on Tuesday and all was perfect?

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.