Help!!!! Contract help with my small business!!!?

Question

I have a bride who is cancelling her service with us.  I think she found someone else who was willing to charge less.  My problem is this: she is trying to get her deposit back.  

My mistake was: She was in a rush to book us and paypal wouldn't accept her card so I met her somewhere to pick up the deposit.  Since I wasn't at the office, I didn't have a contract with me.  I decided I would have her sign the contract at the first meeting (this month).  I have on my website that deposits are non-refundable, and I accepted a smaller deposit to help her out.  I have also lost business since I have told another bride who wanted her date it was booked.  The 3 day limit to back out has passed as well.  I know I made a mistake in a rush to help her out, but what are my options now?  Thanks so much!!!

? · Accepted Answer

Whilst a signed contract is preferable to avoid such misunderstandings, the absence of something in writing does not mean that you do not have a valid verbal contract with your customer.

Having your payment terms and conditions referencing the deposit refund and cancellation terms etc will support your claim of a valid verbal contract. This is your best starting point. So I suggest to your client that you will not be able to refund her deposit based on your website terms and conditions. You might also add that it is usual in your industry to have such cancellation clauses which restrict the ability for the client to cancel if short notice is given.

This puts the onus on your client to make a legal claim which will possibly be expensive and time-consuming ..for her.

Remember that the law in your country may determine that there is no defenceable verbal agreement. This means that if the client makes a legal claim you should be familiar with the consumer protection legislation and statute law relating to deposits in particular and sale of goods and services in general. 

Best Regards

joe089756 · Answer

Look at it this way: what will create more customers in the future? If you don't give the money back, and you stick to your website's policy you will never have that person or anyone she knows be your customer. If you admit you mistake, make sure she knows you are braking your own rules, and give the money back, she will be satisfied. This will put you in the positive light, and make it look like you're there for more than just making money. You may not gain anymore potential customers from this, but you will not lose as many.

michelle_tmy · Answer

simple. you already made it clear on your website on the  refund policy. the 3 days limit has passed. read it to her once again. Even if she hauls you to the consumer tribunal though she didnt sign contract, you will win hands down because the contract was made verbally on good faith. Signing the paper work is just to make it formal. Put this argument forward. Do not sweat. :D

alicialions · Answer

Put her on ignore...it is non refundable.  Can she even prove she paid you anything?

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Help!!!! Contract help with my small business!!!?

4 Answers