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Good Afternoon. I own a small business selling promotional…

Customer Question

Good Afternoon. I own a...

Good Afternoon. I own a small business selling promotional Products and Signage. I have ordered from 'Smarties Colour Print and Design' in Queensland, 1000 each of two-sided business cards, Letterheads, and With compliments Slips, for my customer. I was asked to pay $382.50 upfront plus $49 joining fee. I did so. When I received the Stationary the design, layout, fonts were changed and even words were added and others deleted! I have had many emails and conversations with 'Smarties', and they refuse to fix the problem and have only offered me $137 and the $49 refund. What legal rights do I have to demand a full refund? I have had to get another printer to do the job right for me. I am VERY out-of-pocket over this.

Submitted: 14 years ago.Category: Australia Law

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Answered in 3 minutes by:

3/30/2009

Solicitor: Maurice, Lawyer replied 14 years ago

Maurice, Lawyer

Category: Australia Law

Satisfied Customers: 2,764

Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service

Verified

HelloCustomerbr />
Some clarifying questions please:

1. Did 'smarties' forward to you a proof for signing prior to printing?; and
2. How did you pay the money to them (credit card, BPay etc)

I will assist where I can

Customer reply replied 14 years ago

I requested a proof and never received one. I paid via Direct Credit and have a receipt o prove it.

Solicitor: Maurice, Lawyer replied 14 years ago

HelloCustomerbr />
Thanks for the extra information.

I would suggest that you write to Smarties and inform them that as they have not provided a proof of what you required prior to printing that this is the primary cause of the problem they face in not delivering on Clients expectations and they have no entitlement to the payment they received from you.

Demand a full refund within 7 days (unless they can show you have agreed to forgo money in the event of a cancellation) otherwise you will have no choice but to report their business to the Fair Trading Department - link below -

http://www.fairtrading.qld.gov.au/lodge-a-complaint.htm

The worse case scenario is that you will need to make a small claim through the courts to recover the payment made.

I trust this information will assist you in your position and rights to recover the money and that you will kindly accept my answer.

Regards

Maurice

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