We ordered a dress from a rental, and since they didn’t have the correct size, we paid more to have one made to fit. When we got the dress, it was not finished, the fabric was torn, the fabric was not cut properly (uneven widths), the seams were crooked, the zipper sewn in improperly, the sleeves not the same length or width. In short, totally not wearable. As to the length, she said to have it cut to size, and not to bother with hemming it, (as is done with a rental, since the next person may need a different length), leading me to believe she doesn’t believe it can be salvaged. There is no time to sew or borrow another dress before the wedding. We must take it to a seamstress and pay her to take apart the entire dress and resew it, but that may not be possible since it was not cut properly in several places. The holes in the fabric will remain. We’ve already paid for it and must pay more time and money to make it somewhat tolerable. I wouldn’t wear the dress if I were paid to, even after the repair, since several seams and the hole cannot be resewn. What recourse do we have? Even if she were to return everything we paid (not likely), we are still out of pocket for the time and money we put into it, and we want compensation for the agmas nefesh and humiliation of wearing a torn and lopsided dress. I thought of not returning the dress till I get all my money back, but 1- I don’t know if that is permissible, 2- I don’t know if she really wants it back (refer to the attitude displayed regarding the hem) 3- it doesn’t cover the agmas nefesh and humiliation of wearing a horribly sewn dress.
If you got a faulty product, you are certainly entitled to return it and get a full refund. But that would only be in the event that you do not use it. You are not responsible to take it and have it altered, but if you wish to, you have to arrange with the gown rental if your expenses will come off the price of the rental. Otherwise it is not taken as a given. Ultimately it is your choice to return and not use or make do with it, but if you use it you will be responsible to pay. You should certainly bargain a lower price because of your inconvenience and loss, ideally before you use the gown. While an apology is certainly becoming, assuming the dress was not ruined maliciously, there is no monetary claim because of your inconvenience [i.e. payment of damages, the price however should come down].