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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14708
Experience:  L.LB (UOVS)
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I have a Bridal Business. One of our customers is not satisfied

Resolved Question:

I have a Bridal Business. One of our customers is not satisfied with her dress and as cancelled her order. When she came for a final fitting, she said she is happy but just wants to think about the sleeves on the dress.

Then a few days later i got an email from her saying the dress is not the same as the one she fitted? but she was very happy with it when she tried it on at her final fitting? She then sent me a mail saying she wants to cancel her order

I have given her the terms and conditions which states if you cancel your order the deposit is not refundable. She now has sent me a final demand for the deposit?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

Just to confirm: This is special order goods? It has been made specifically for her to her specifications?
Customer: replied 1 year ago.


Yes the dress has been ordered according to her measurements

Expert:  WCLawyer replied 1 year ago.
And the materials that you agreed upon and the design that you agreed upon and there is no question (as far as you are concerned) over your workmanship?
Customer: replied 1 year ago.

Yes, the material and design is exactly the same. We added sleeves for her as requested.


 


When she came for the final fitting she said she just wants to think about the sleeves and maybe change the style of the sleeves. That was it.

Expert:  WCLawyer replied 1 year ago.
From the information you provided, I am of opinion that she is bound to your cancellation policy as communicated to her, being that if you cancel, then the deposit is non-refundable.

Unless you have committed a serious breach of the agreement, she has no legal ground for the cancellation and therefore, no legal ground to claim back her deposit This does not seem to be the case, though.

The Consumer Protection Act will also not assist her. The Act specifically excludes special order goods from a consumer's right to cancel pre-ordered goods.

I am of opinion that you can, therefore, tell her with confidence that she can take whatever legal action she wants, that you will complete the dress for her if she wants, provided she pays the balance before delivery and that, if that is not acceptable to her, you are entitled in terms of your cancellation policy to retain the deposit.

You can tell her that you will defend any legal action that she may bring against you and you will hold her liable for your legal costs.

I hope this helps you a little bit, but if you have any further questions, feel free to ask them before you rate. It will not cost you anything extra. If you are satisfied with the answer, kindly click on one of the five faces on the ratings page. I don't get anything for this answer unless you do.

WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14708
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

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