Svitlana Custom Made Dresses & Alterations

Initial Business Response / [redacted] (1000, 5, 2015/09/14) */ Business response Friday Sep 12/ Re: Case ID XXXXXXX On June 12th, the customer came into the store with her mother-in-law to look at wedding dressesShe tried several dresses and found one she wantedIt was what she was looking for and the price was what she was looking for as wellShe said yes to the dress and she cried and she was sad her mother wasn't with her at that timeOnly little alterations would have to be done closer to the wedding dayShe decided to purchase the dress and her mother-in-law was going to put down money on the dress, but the customer said she could pay for itHer mother-in-law has had work done here before and was the one who recommended the customer to our store I used the customer alteration sheet to write down her information and attached the receipt for $as down paymentThis was a store sample dressWe discussed how we would do the alterations and everything was fineI mentioned if she changes her mind on anything it would be a store creditWe can do anything with the deposit money for her, if she changes her mind She said she would bring her mother in to look at the dress when she was available The customer in question came into the store on August 20th, not the 18th as the store was closed until August 20thShe came in with her mother and wanted to try on the wedding dress so her mother could see the dressI said Svitlana wouldn't be in until noonAfter trying it on, her mother said she still has time to look around so the customer wanted a refund I said I can't give refunds, but I would take the credit card number that the customer wanted me to write downI never said Svitlana would issue a credit to her accountI told her to call Svitlana regarding this matterShe then left the store I had a phone conversation with this customer and explained we only do store creditI told her we can do alterations for her, or buy shoes or a veil or put the dress up for sale and give her a credit when it sells as a consignment dressThe customer stated she put it on holdWe never put a dress on hold for more than days, and never take a deposit for holding a dressIt was a purchase not a hold A couple of days later, the customer came to the store in the morning and asked for any paperwork that she could give to her lawyer to use against meShe has a copy of the receipt and copy of the customer alteration sheetShe then leftWe have a no refund given, only store credit issued sign above our business license at the front deskWe always have it Bridal shops do no do refunds or exchanges - only store creditWe are still willing to do the work for her - for the deposit she get accessories, alterations on her new dress or deposit after her dress sells Initial Consumer Rebuttal / [redacted] (3000, 7, 2015/09/18) */ (The consumer indicated he/she DID NOT accept the response from the business.) I do not accept this response for several reasons[redacted] I will itemize these below: 1) The date we came to the store was August 18thI have time stamps on photos taken on that day in the store that prove thisI can provide these photos whenever requested 2) The sales associate (Janice) informed us that Svitlana was on vacation and would not return until Wednesday (August 19th), not at noon later that day as claimed above 3) After trying on the dress with my mother we told Janice that we would like our deposit backShe read over the "alterations" contract, and agreed with us that nowhere on the contract did it say that the deposit was a final sale and she said that it "shouldn't be a problem" to get the deposit back 4) Janice told us that she herself could not issue refundsShe asked me to come back the next day to see SvitlanaSince I was going to be out of town for the next two days (therefore making it impossible for me to have come in to the store on the 20th as claimed) I suggested leaving my credit card number with Janice, which she wrote on the bottom of the alterations document (which Svitlana later scratched out)I then asked to please have Svitlana call me when she made the refundJanice stated she would pass [redacted] this requestWe then left the store 5) As stated in my initial claim, the $was paid as a DEPOSIT to hold the dress until I could come back at a later datePurchasing the actual dress was conditional, based on my coming back with my motherSvitlana was that one that suggested this plan in the first place, as I was worried the dress would be sold before I could come backShe never once mentioned the deposit was final sale, instead telling me to "take my time" and come back when I was ready 6) Nowhere in the store or on the contract I signed did it say that the deposit was final saleWhen I initially called Svitlana on August 21st at 15:PM I asked her where she had documentation or visible proof that all purchases were final sale, she said these terms were documented only on the "Dress Ordering" form [redacted] When I went into the store on August at approximately 11:to obtain my copy of the contract nowhere in the store did I see this "No refund, only store credit given" [redacted] 7) Regarding these supposed "alterations", when I initially came into the store on June 12th, I pointed out that the dress was too tight to fully zip up the back, and Svitlana mentioned that the seams could be let out or the shape of the back could be altered to make it fitShe also suggested adding pieces of lace to the bottom of the trainNo measurements were taken, no cost estimates were made, and nothing was documented on the alterations sheetThese suggestions were conditional based on my decision to purchase the dress when I came back with my motherThe dress has remained unaltered from when I first came into the store on June 12th, and it has only been tried on twice 8) Lastly, [redacted] On the "alterations" contract that Svitlana had me sign the terms state " We require a 50% deposit on all initial orders, alterations, and custom work with the remaining amount to be paid at the final fitting"Since no orders, alterations or custom work was agreed upon at the time the deposit was made, I feel I am entitled to a refundNo where on this contract does it state anything about this deposit being final sale and only able to become store credit or that 'the deposit will be returned if the dress sells" [redacted] The only acceptable resolution from this claim will be that I get my $back, as was the initial deal made on June 12th [redacted] The dress has not been altered or changed in any way, [redacted]

Initial Business Response /* (1000, 5, 2015/09/14) */
Business response Friday Sep 12/2015
Re: Case ID XXXXXXX
On June 12th, the customer came into the store with her mother-in-law to look at wedding dresses. She tried several dresses and found one she wanted. It was what she was looking for...

and the price was what she was looking for as well. She said yes to the dress and she cried and she was sad her mother wasn't with her at that time. Only little alterations would have to be done closer to the wedding day. She decided to purchase the dress and her mother-in-law was going to put down money on the dress, but the customer said she could pay for it. Her mother-in-law has had work done here before and was the one who recommended the customer to our store.
I used the customer alteration sheet to write down her information and attached the receipt for $400 as down payment. This was a store sample dress. We discussed how we would do the alterations and everything was fine. I mentioned if she changes her mind on anything it would be a store credit. We can do anything with the deposit money for her, if she changes her mind.
She said she would bring her mother in to look at the dress when she was available.
The customer in question came into the store on August 20th, not the 18th as the store was closed until August 20th. She came in with her mother and wanted to try on the wedding dress so her mother could see the dress. I said Svitlana wouldn't be in until noon. After trying it on, her mother said she still has time to look around so the customer wanted a refund.
I said I can't give refunds, but I would take the credit card number that the customer wanted me to write down. I never said Svitlana would issue a credit to her account. I told her to call Svitlana regarding this matter. She then left the store.
I had a phone conversation with this customer and explained we only do store credit. I told her we can do alterations for her, or buy shoes or a veil or put the dress up for sale and give her a credit when it sells as a consignment dress. The customer stated she put it on hold. We never put a dress on hold for more than 2 days, and never take a deposit for holding a dress. It was a purchase not a hold.
A couple of days later, the customer came to the store in the morning and asked for any paperwork that she could give to her lawyer to use against me. She has a copy of the receipt and copy of the customer alteration sheet. She then left. We have a no refund given, only store credit issued sign above our business license at the front desk. We always have it.
Bridal shops do no do refunds or exchanges - only store credit. We are still willing to do the work for her - for the deposit she get accessories, alterations on her new dress or deposit after her dress sells.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/18) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept this response for several reasons.[redacted] I will itemize these below:
1) The date we came to the store was August 18th. I have time stamps on photos taken on that day in the store that prove this. I can provide these photos whenever requested.
2) The sales associate (Janice) informed us that Svitlana was on vacation and would not return until Wednesday (August 19th), not at noon later that day as claimed above.
3) After trying on the dress with my mother we told Janice that we would like our deposit back. She read over the "alterations" contract, and agreed with us that nowhere on the contract did it say that the deposit was a final sale and she said that it "shouldn't be a problem" to get the deposit back.
4) Janice told us that she herself could not issue refunds. She asked me to come back the next day to see Svitlana. Since I was going to be out of town for the next two days (therefore making it impossible for me to have come in to the store on the 20th as claimed) I suggested leaving my credit card number with Janice, which she wrote on the bottom of the alterations document (which Svitlana later scratched out). I then asked to please have Svitlana call me when she made the refund. Janice stated she would pass ** this request. We then left the store.
5) As stated in my initial claim, the $400 was paid as a DEPOSIT to hold the dress until I could come back at a later date. Purchasing the actual dress was conditional, based on my coming back with my mother. Svitlana was that one that suggested this plan in the first place, as I was worried the dress would be sold before I could come back. She never once mentioned the deposit was final sale, instead telling me to "take my time" and come back when I was ready.
6) Nowhere in the store or on the contract I signed did it say that the deposit was final sale. When I initially called Svitlana on August 21st at 15:15 PM I asked her where she had documentation or visible proof that all purchases were final sale, she said these terms were documented only on the "Dress Ordering" form [redacted]. When I went into the store on August 22 at approximately 11:15 to obtain my copy of the contract nowhere in the store did I see this "No refund, only store credit given" [redacted]
7) Regarding these supposed "alterations", when I initially came into the store on June 12th, I pointed out that the dress was too tight to fully zip up the back, and Svitlana mentioned that the seams could be let out or the shape of the back could be altered to make it fit. She also suggested adding pieces of lace to the bottom of the train. No measurements were taken, no cost estimates were made, and nothing was documented on the alterations sheet. These suggestions were conditional based on my decision to purchase the dress when I came back with my mother. The dress has remained unaltered from when I first came into the store on June 12th, and it has only been tried on twice.
8) Lastly, [redacted] On the "alterations" contract that Svitlana had me sign the terms state " We require a 50% deposit on all initial orders, alterations, and custom work with the remaining amount to be paid at the final fitting". Since no orders, alterations or custom work was agreed upon at the time the deposit was made, I feel I am entitled to a refund. No where on this contract does it state anything about this deposit being final sale and only able to become store credit or that 'the deposit will be returned if the dress sells".
[redacted]
The only acceptable resolution from this claim will be that I get my $400 back, as was the initial deal made on June 12th.
[redacted] The dress has not been altered or changed in any way, [redacted]
[redacted]