Grace planned to attend her graduation ball in the United Kingdom in July. When she purchased the tickets in April she was advised that the dress code was black tie. Therefore, she was required to purchase a formal evening gown. Grace decided to purchase a dress from ‘Wonderful Wardrobes plc’, who stated that they only designed and created exquisite gowns.
Grace was not able to see pictures of the dresses on the website so telephoned the store and spoke to Alice who was a sales assistant. Grace explained that she was looking for a long lengthy, pink evening dress with a corset back. Alice confirmed that she knew the perfect dress for Grace. It was called ‘Snow’.
She described the dress as a pink, floor-length gown with ruched detailing on the left-hand side. Alice also suggested that Grace should read the description online to confirm. Grace did not read the online description as she loved the sound of the dress as described by Alice and completed her order online for a size 6 ‘Snow’ gown and paid the price of $150.
Grace received an email invoice confirming her order. When the dress arrived, it was white in color with a floral design. It was not pink as described and it was midi-length and not long as described to Alice. Grace reluctantly tried the dress on however she was unable to lace up the back, Susan measured the back of the dress and deduced that it was in fact a size 4 and not a size 6. Grace was very disappointed and contacted the manager of Wonderful Wardrobes Plc.
The manager, Aslan, advised her that he was sorry to hear of her disappointment, but they do not sell the ‘Snow’ gown in pink as it was a design in white with a floral pattern. Aslan, also advised that he would not entertain a claim indicating their limited liability clauses which he said was included on the emailed invoice and on the webpage.
It read, “Wonderful Wardrobes Plc excludes all liability for any representations made on its behalf by sales persons in connection with any goods or services”
Advise Grace, in particular outline the legal principles concerning Alice’s statement and possible implied terms.
Advise Wonderful Wardrobes Plc if it may rely on the exclusion clause.
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