Help! David's Bridal Will Not Cancel My Order!
Reader Emily doesn't want the dress she was pressured into getting at David's Bridal, but when she tried to cancel the order, they won't let her. It's only been 72 hours and she hasn't received the dress yet, but all David's Bridal will give her is an in-store exchange.
Emily says:
On Wednesday, I got bullied into buying a dress that I liked but couldn't really afford. I should have stayed firm, but I caved, and now I find myself in this situation. Even though David's employees claim that you can walk away with any dress in the store, they told me I had to special order the dress I wanted and it would take up to 6 weeks to come in.
It's been 72 hours of thinking on it, and I absolutely have to cancel the order. Since I haven't actually received the dress, I called to see if they would cancel the order and refund the money. The employee said that all sales are final, but that doesn't seem right since I haven't yet received any merchandise. At this point, they have my money AND they have my dress order, but refuse to help a girl out. According to her, once it is in the computer, there is nothing anyone can do. Like she can't pick up a telephone and call the distributor (or, tell the truth that they probably haven't begun processing the order yet at all).
They try to justify it by saying that I have "special ordered" something, so they wouldn't be able to sell it to anyone else. I ordered the dress, but there's nothing "special" about it. I tried the same dress/same (average) size/same color on in-store, and they would certainly be able to sell it someone else (provided they didn't force that customer to special order it as well).
The best they could offer me was an in-store exchange for the SAME amount. They do not issue store credit. They refuse to refund money. In order for me to get a cheaper dress, I would have to wrangle all my bridesmaids to try on dresses on the same day, and order them all on the same day as part of the same transaction to equal the original total. (Thus forcing the girls to get their dresses at this hateful place also.)
I'm considering contacting Visa to do a chargeback, but if the David's policy is "All Sales are Final" - will they be able to do anything?
...I am planning to meet in person with a manager tomorrow, but for now I have only heard bad things.
There is a fundamental irrational policy problem at this store that is not adequately explained when you purchase from them. Have you heard any positive news of people getting money back from this outrageous company?
Any suggestions?
Emily, when we first read your story, we wondered if the Mail and Telephone order rule that states that orders can be canceled before they are shipped would apply to you, but it doesn't look like it does. (Any lawyers out there want to explain this law?)
We looked at Visa's merchant agreement found a section on merchant agreement violation disputes that says Visa will help mediate conflict over the following issue:
"The merchant has failed to properly disclose their return policy to the cardholder at the time of the transaction."
Since the store did not explain that you couldn't cancel before the order shipped, you could argue that the store did not properly disclose this policy to you.
This type of dispute isn't a chargeback, you'd be disputing that David's Bridal violated their Visa merchant agreement by misleading you about the return policy. If you'd like to read about how Visa deals with these disputes, click here (PDF). (Read the section "When Chargeback Rights Do Not Apply")
Anyone have any luck canceling an order at David's Bridal?
(Photo: foundphotoslj )
UPDATE: Emily was contacted by David's Bridal about this story and they worked out compromise:
I spoke to the person at David's, and she put me in touch with a CSR who after a little phone tag confirmed that they can do a partial refund if no merchandise has been received.
I already have an appointment to go back tonight - and they will theoretically now be able to refund the difference in what I purchase tonight from the original.
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Comments:
Check to see if your state has a "Buyer's Remorse" statute. Many states require the merchant to provide for a window whereby you can back out of a transaction within a certain time period. Especially with contracts. IANAL and YMMV, but it seems when you special order, that may fall under a contract-type transaction. Worht a look if nothing else.
Oh David's Bridal, how I know your shenanigans all too well. I hate DB with a passion, ever since I stepped foot into their store because everywhere else I went to look for a dress was too expensive. I was told there was no way of refunding money, that they would give you an exchange, but that there was no returning the dress. My DB had a big sign near the entrance that was very specific with their return policy.
@mariospants:
And you know there's a local wedding store with quality merchandise in her hometown?
Those comments are against the comment code anyway.
I just got married, and it's pretty common practice at most bridal stores (all that I went to, and I did not purchase my dress from DB, though my bridesmaids did) that all sales are final. My local DB has this displayed very well right behind the cash register.
I'm not saying they're necessarily correct in their policy/treatment of the OP, but in every DB I've ever been in, the policy has been on a large sign and the person at the cash register informed me before purchasing.
@mariospants: I did go to a lot of mom and pop places...trust me, the poor little immigrant lady charges a lot of money. My budget was $600 and everywhere I went, the selection started at $500. It was only DB that had dresses that started a lot lower. I wasn't looking for embellishments and beading and crystals - but a lot of the mom and pop stores had mostly those in their selection.
The consumers who go to DB aren't looking to be ripped off, they're not looking to be cheated, and they don't deserve it either just because they either can't afford a high end place, don't have the time or ability to spend what amounts to weeks looking at wedding dresses in musty rooms with poorly lit dressing rooms.
Wedding dresses are one thing, but bridesmaids dresses are a whole other can of worms.
It's simply the easiest and most efficient way of getting together the right kind of color and material for all bridesmaids if one happens to not live in town. That was my situation, and it's a common one. I had to deal with a lot of crap along the way, but my friends got what they wanted.
I imagine the return policy is very clearly stated in the store. Just because the clerk didn't explain it to the OP doesn't relieve her of the obligation to read the posted notice. It sucks that she allowed herself to cave in and now wants to back out of the deal, but I think DB is completely justified in telling her to shove off.
If David's bridal wanted to screw my wife over like that when we were planning our wedding, I'd get a big sign and stand outside of their door (on a weekend). The sign would say something like "David's Bridal ripped us off. Avoid them." I'm sure that would get their attention. I'd print out fliers like the dude who wrote the book "how to kick a car dealer in the nuts". Don't let them get away with this. They are price-gougers and only care about making the sale.
The funeral industry fits your description as well, and preying on sad occasions > preying on happy ones, so I think the wedding biz has to be #2 or at least #1(a).
That being said, yes, they are boffo scumbags.
Every online purchase I've made has said once the order is placed it cannot be changed (so you can't call and add something else to the order). I would think by now, the "special" order is in somebody's system and may fall under the same rule.
I purchased 5 (yes, five, I'm crazy like that) wedding dresses by J Crew both from their website and through auctions. I sold the four duds, but it allowed me to try them all on and take them to the woman who was doing the alterations to decide which was the easiest to fit to me. I ended up making more money reselling the other four than I originally spent on the five.
did they say all sales are final when they sold it to you? is it on your receipt? was it posted on a sign? if any of these things were the case, you might be sol.
@Franklin Comes Alive!: actually in the wedding industry word-of-mouth is pretty important. i mean sure, david's bridal is a large chain store for bridal wear, but a freaking ton of more personalized places really really want to do a good job so the brides tell all their girlfriends how great the service was and how happy they were with the dress/shoes/flowers/cake etc.
@ekthesy:
Good point, I just (thankfully) haven't had any direct dealings with the funeral industry yet. So wedding industry is still #1 to me!
Ugh. I went in to DB just to look around and see if there was anything worth buying. I filled out the intake form and made SURE to check the box that said "do not sell my info" or something similar - I don't want the deals. I initialed next to it, spoke to the representative and said "Are you sure this means I won't get advertisements and you won't sell my number?" She said yes.
Lo and behold, I started to get phone calls night and day from wedding vendors and shills. When I googled the number, seems like DB has sold the number and that's how these people got my info. I called DB to ask them to remove me from the list, tell them I was on Do Not Call and that I had never authorized the selling of my info only to be told by the snarky atrocious lady that I obviously didn't check the box and if I had I wouldn't get any adverts.
They're still coming.
Now I just start sobbing and say the wedding is off.
In smaller towns and cities where choice is limited, word-of-mouth doesn't matter much. When you only have 2 choices, and they both suck, you still have to go with one.
I have a law degree, but I'm not practicing law or acting as a lawyer giving you legal advice.
I don't know where you are, but the "change of heart" rules of your state might be helpful to look at. Generally, every state has an "X" day window during which you can cancel a contract without penalty. Typically, as is pointed out frequently on Consumerist, state laws trump store policies, and you cannot contract away most consumer protection rights. Therefore, I have a reasonable basis to believe that an "all sales are final" policy could not overrule the "change of heart" period.
Do you think you should send written notice immediately that you do not intend to purchase/accept the dress and you withdraw your instruction to have the dress made? I think that if they start making that dress, or if you haven't requested they not do so in writing, you might be in a worse negotiating position.
When I went to DB to "get the experience" (my mother-in-law insisted) I tried on a bunch of dresses. It was during one of their cheap-ass sales. Any dress that didn't require teased hair and a beau with a mullet was not on sale (see any 80s wedding photo).
I spent about $300 on all five dresses. One came from J Crew directly (clearance), the others were auctions. I sold them for well over $400 and kept the dress I ordered from J Crew (the most expensive of the bunch).
I'm thrifty. And cheap.
"Since the store did not explain that you couldn't cancel before the order shipped, you could argue that the store did not properly disclose this policy to you."
I guarantee that their return policy is tattooed all over the sales counter and on the contract she (implicitly by swiping her card) signed.
It's been well known that David's Bridal is full of scummy, high-pressure sales. They capitalize on fears and dreams of low income brides-to-be e.g. "You deserve it!". . . "Your friends and loved ones will remember how you look for the rest of your life!". . . If you're going to splurge on anything, shouldn't it be for your big day!". . . "You've been waiting your entire life for this. Don't risk hating your dress just because it's a little cheaper!". . . "Oh, this dress has been drawing a lot of attention. Judy, our regional manager, just loved it and was thinking about buying it for her wedding that's coming up. Since we don't stock a lot of the same designs--no bride would want to be caught wearing the same dress as her friend, would she?--I predict that this dress will be gone before the end of the day. Honey, if want it, you need to put down a deposit now!"
The funny thing about their business model is that they rely on being a high profile shop with little word-of-mouth references or repeat customers. Most people don't know where else they could even buy a dress from. Capitalizing on this ignorance, they bring in a lot of people who know very little about their operation and milk them for all they're worth. The possibility of word of mouth/repeat business is the only thing that keeps car dealerships somewhat honest, and these people don't have that incentive.
From David's website: "Items purchased at stores cannot be returned or exchanged."
David's does this to protect them from people purchasing dresses, wearing them, then returning them. The also do this because as soon as they place the order they must honor the purchase to the distributor and "purchase" the dress. Although it is likely that someone in your size/and wants your dress will come in in the next 1-3 months (before this "season" is over) imagine a bridal store having to do this for hundreds of people. . . .and typically you have to sign a contract saying that you understand that dress is nonreturnable under any circumstances.
Now, in your defense, what you should call and complain about is the sales associate who "bullied" you into buying a dress you could not afford.
I bought a bridesmaid dress at DB and I had to sign a store copy of the receipt stating that all sales are final. I ended up having to take the dress back (bride asked me 10 days before the wedding to be a bridesmaid; told me to wear whatever I wanted, then didn't like the dress I originally chose) and all I could do is get another dress plus a shoulder wrap to even out to the original total.
Keep fighting! I hate DB with a passion. Several years ago I ordered a bridesmaid dress at the DB in Greenville, SC. I had a really bad feeling that this wedding was not going to happen, so I asked the saleslady about returns. She said I could cancel the order as long as the dress had not arrived in the store. My hunch was right - the wedding was canceled. I went up to DB and asked for a refund on the dress since the wedding was canceled, and they gave me the run-around. I finally found the saleslady who told me I could cancel, and they had to honor what I'd been told. As long as the dress is not in the store, you should be able to get your money back. Use VISA to help you if they are willing! Also, one thing I've learned over the years is to ALWAYS use American Express on large purchases. They ALWAYS have your back.
@cashmerewhore: The sales people at mine were absolutely no help at all...I told them what I wanted, and I was very specific on what I didn't want (no beading, severe embellishments, nothing heavy) and they kept showing me dresses that were heavier than I was! So finally, I left and came back and didn't talk to any sales people and tried on a few of the more plain dresses. The sales people didn't seem to understand that I didn't want to be plain, I just wanted simplicity, which is always going to stand the test of time, while "trendy" extravagant bead work probably will look silly in 20 years.
my dress was - [www.davidsbridal.com]
@IHaveAFreezeRay: My brother had a cut-price wedding and his wife found a dress at - get this - Marshall's. It was actually an Ann Taylor dress and it cost a couple of hundred bucks. A little low-cut in the back for a wedding (in my opinion) but a great little # regardless.
It sucks that there's a "wedding industry" that pumps up the event to the point where we feel forced to spend tens of thousands (as opposed feeling like celebrating the event any which way we can) in order to impress others. That's what I have against places like D'sB: they prey on those fears of inadequacy - especially at the point when they agressively start upselling you! Nobody should ever feel that they should be upsold a wedding dress.
Depending on the amount of free time you have, you can use their reputation against them. Make a nice big sign that says something like "David's Bridal is Trying To Ruin My Wedding" then threaten to stand on the nearest public sidewalk during their busiest hours.
If you have to make good on your threat, be polite and respectful and obey all local ordinances with regard to loitering, advertising, etc., but here you would be well within your rights as long as you didn't obstruct access to the property in any way and were standing on public property.
Handing out fliers describing your story to anyone who looks interested in David's can also help. I would imagine it won't take very many customers walking in holding such a flier for the manager to take notice.
That was the dress I ended up keeping. I had a blusher added, and some accent color under the bust as well as above the blusher. Didn't turn out too bad for an outdoor wedding.
I think the only thing that got me out of MIL pressuring me into a DB's dress was I already had several dresses by the time she drove me there.
The only thing worse than trying to get 30 layers of crinoline over your head is getting that damn bustier bra on by yourself. My family didn't come along, and I wasn't about to ask for assistance.
@bria: "And you know there's a local wedding store with quality merchandise in her hometown?"
Sure, if her howetown is large enough for a blood-sucking chain store like David's Bridal, I'm pretty confident there's an alternative or two.
"Generally, every state has an "X" day window during which you can cancel a contract without penalty."
For certain specific things (timeshares, etc.), yes, but not for most things (at least not in any state that I'm aware of).
In New York, for example:
9. Do I have 3 days to cancel any contract in New York State?
There is no general "cooling-off" law in New York. Only certain types of transactions can be canceled within a 3 day cooling off period. These include: door to door sales, health club membership sales, campground membership sales, and home improvement repair contracts over $500.
David's "all sales final" policy is pretty well known to anyone who's had the unfortunate experience of shopping there. I can't imagine they get a lot of repeat business.
This doesn't mean all the locally-owned wedding boutiques are consumer-friendly. Many of them will also refuse to do returns. In one case, I ordered a designer bridesmaid's dress from a local boutique. The bride got a call the next day from the store, telling her the dresses we ordered were discontinued. But they weren't going to refund our money- we would have to choose something else from the store. I was annoyed at their incompetence and didn't want to go back for another fitting, only to have this happen again. The store manager told the bride that it was physically impossible to refund our money. I was just about to do my first chargeback when the manager somehow figured out this mysterious refund process. I got my money back, but I won't be doing business with any wedding boutiques named Bird of Paradise in the next century.
When it comes to getting married - someone is always going to try to pressure you into basically screwing yourself.
You could try to sell it on craigslist. I bought my dress on there and I love it.
Depending on how over your budget the dress was - offering it at $100 less than what DB sold it to you for - might help.
Having worked in retail, there IS something "special" about a special order, which is why stores usually don't allow you to cancel them.
Normal stock is purchased in bulk with wholesale prices from the supplier. If a customer wants something that a store does not usually carry (even if it's a colour/size/etc. difference), the store purchases it as a single item from the supplier. In almost all cases, the store pays nearly full retail price for the item, just so they can sell it to their customer.
If the store allows the customer to cancel once the order is completed, and subsequently the store isn't able to sell the item to someone else (fashions change with the seasons, don't they?), the store loses a lot more money on the item than they would for a normal stock item.
I'm not saying stores shouldn't help customers, especially when it's likely that customer will be purchasing something else from them and/or sending other customers into the store (bridesmaids). I'm not condoning DB's behaviour here at all. But special orders ARE a nasty little beast that no retail store likes to deal with, since they don't make money. That's why DB is giving the OP a hard time about it.
BTW, I also echo what others have said about the "cooling off period" that all states have in contract law. DB may not come out and say it, but look in your contract or find out what your state law is. 72 hours sounds like you're pretty close to the deadline already, but good luck!
Yes, my fiancee bought a dress at DB as well. They make you sign a contract when you make the purchase. State/federal laws would definitely protect you over the contract, but otherwise, you would have made the agreement with them directly. I thought it was sh*tty that they did that in first place. It isnt like they are out anything if you bought it off the rack like we did. No other clothing stores have that kind of policy. They wouldnt last five minutes in our economy. I think though, that if you had a high pressure situation, then that is the best angle to follow. A contract is null and void if it is signed under duress.
The kind of "duress" that voids a contract typically is closer to a literal "gun to your head". Commercial pressure, necessity, high-pressure sales and so forth have been found, pretty much across the board, to be under the threshhold of "duress".
While I have not personally had any experience with David's Bridal, my fiancée has been more than happy to share her wedding dress shopping woes with me.
From what I've gathered, most of the locally-owned stores can be very expensive (as they tend to pride themselves on being "boutiques"), often only have a small selection, and generally require LOTS of time to complete a dress (apparently, six to eight months is not enough time to tailor a dress? Seriously?).
She ended up going to DB in the course of her shopping, and ended up returning there in order to buy her dress. They had the best selection of dresses, they had the best prices, and they assured her that they could have it ready in time for the wedding.
Now, in the time since, she has discovered that they are completely incompetent, everything from sales people who can't even use the terminology correctly ("umpire" waist, anyone?) to tailoring that leaves much to be desired, to staff that simply seem to have no idea what they're doing.
I know that my fiancée would have much preferred to make the purchase at a locally-owned store, and it was actually a huge concession for her to visit DB in the first place. But really, as long as locally-owned stores insist on charging an arm and a leg for a dress that is only going to be worn *once*, DB is never going to be hurting for business, especially when they're the leader in an industry in which repeat business is not generally a concern.
@CoderCop: The "X picked store Y, and store Y caved to X's demands" stories on Consumerist tend to make us feel all warm and fuzzy, but the reality is that although you do have a right under the first amendment to picket a store, they do have a right to (and probably will) sue the bejeesus out of you. Even if they don't have a winning claim, you will spend tens of thousands of dollars over the course of several years to clear your name. It's not worth it. YMMV.















David's Bridal = The Devil. Ask my wife about this. Good luck to the OP, she will need it.