Desch

Desch Sandton City Breach of CPA

Good Day FORMAL CONSUMER COMPLAINT: DESCH COUTURE – SANDTON CITY I am submitting this communication as a formal notice of dispute regarding a defective product supp**** by Desch Couture, Sandton City, and the store’s failure to comply with its obligations under the Consumer Protection Act (CPA). 1. Summary of Transaction I purchased a high-value dress from Desch Couture for my son’s wedding. The owner represented the dress as a unique, imported, high-quality garment. I was advised that alterations were required and these were carried out by the store. I paid for the dress and had been a customer of theirs before, so I had no reason to doubt the quality of this garment. 2. Failure of Product I collected the garment a week or two before the wedding and took it home where it remained in the Desch suit bag until the wedding . On the day of the event, after only 30 minutes of wear, the dress began to fall apart, in multiple areas. This occurred despite the dress being worn for the first time and only for a VERY limited period. The failure of the material and/or stitching rendered the dress unfit for purpose and caused substantial inconvenience and embarrassment during a formal function. The first failure occurred as I was about to walk my son down the aisle and the second event minutes before I was to say my speech. I had family running around at the last minute looking for safety pins and it ended up me having to get my stepson, to tie knots in my gown to keep it from falling down. The fabric seemed to start leaving blue die on my hands (which was there for days after the function) and on everyone who came into contact with me. There was glitter from the dress all over everyone I touched and on the seat and floor where I sat for the evening. I eventually could not stay in the dress any longer, and a third way through the event had to go and put my tracksuit on for fear of being more embarrassed should anything else have happened. At this stage both sides of the dress were held together with knots. 3. Post-Incident Communication I contacted the owner the following week to report the defect. Instead of accepting responsibility, the owner denied any liability and said that it was a risk I took once I stepped out of his shop with the dress and especially considering the fact that I had it altered, it was no longer under guarantee, despite the fact that the alterations were done by his own tailor on sight. He then referred me to his daughter who he said was the buyer and I requested he have her call me. His daughter initially also refused to acknowledge the quality failure and insisted that I bring the dress back for repairs which I had already left in the shop after my first discussion with her dad, the owner. She said that they had sold many of these (one in each size) and I was the only one who reported a problem and who had complained of this material failure. Interestingly enough, when I first tried the dress on, the owner had told me it was ONE OF A KIND and I even commented that for such a special occasion, it was so nice knowing that nobody else has the same dress. After much debate and dissatisfaction at their complete lack of accountability, they subsequently offered to repair the garment and provide a 50% discount on a future purchase to the value of my original purchase or a voucher to a lesser value, on items that were non-sale items and items which were not the latest stick that they had brought in. They declined to provide a full refund which was my original request. Even with this, they refused to change their offer and on cautioning them that I would take this further, they welcomed bad publicity and dared me to go onto social media to complain as they found they thrived on previous negative events. I refused to take the dress back, refused the 50% discount on a future purchase and refused the conditional voucher at an even lesser value than what I had spent. 4. CPA Non-Compliance Under the Consumer Protection Act, a retailer is required to ensure that goods sold are: of good quality, durable, fit for purpose, and free of defects at the time of sale. A garment that collapses after a few minutes/hours of wear clearly does not meet these standards. Furthermore: A consumer is entitled to a refund, replacement, or repair within six months of purchase at the consumer’s discretion, not the supplier’s. A repair is only appropriate when the consumer accepts it, which I did not. A retailer cannot insist on repairs when a defect existed at the time of purchase, and the failure is material. 5. Why the Proposed “Solution” Is Unacceptable The defect was severe and occurred immediately upon first use. The store is not the manufacturer and therefore cannot guarantee a proper structural repair. A repair does not address the fact that the garment was not of acceptable quality from the outset. Offering a discount on a future purchase is inappropriate, as I have already suffered financial loss and inconvenience and do not intend to give them another cent of my hard earned funds. 6. Desired Resolution I am requesting a full refund for the defective dress, as provided for under the CPA. I am not willing to accept the garment in its current condition and have left it at the store from the minute I raised my dissatisfaction. I was told to take it anyway and give it away, and that in itself is a sign of what they believe their garment is actually worth!!!! In addition, I told them to give it away, and they said they are not in the business of second hand clothing, and yet here I am feeling as though this so-called couture dress, was in fact the second-hand dress they claim to not be selling to the public. Should the store continue to refuse a refund, I will escalate the matter again to: the Consumer Goods & Services Ombud (CGSO), Sandton City Centre Management, and other relevant consumer protection platforms. Sincerely Candy Promnick, CFP