LEGAL EAGLE
A question of lawI
agreed to place some advertising in a local bridal
magazine recently after the sales girl said they
always produced great results and I signed an
order form, which asked for credit card details. I
heard nothing from her and then got a call telling
me I had 24 hours to deliver material for the ad.
I was not shown a proof after I sent over the text
and some pictures. The job they did was poor and I
then found the money had been charged to my card the
day I signed the order form. I am appalled with the
way the whole matter was handled. Where do I stand
legally with this? I would like my money back?
A close reading of the order form is necessary. The order
form may say that you have a right to inspect the proofs
before any work is published. It could equally say that no
money will be taken from your card unless you approve
the work. If this is the case, the bridal magazine will be in
breach of contract. Equally, you may have a claim against
your credit card company.
In any event, the work produced by the bridal magazine
needs to be assessed to see if it is below standard. If the
work is inadequate, the magazine will not have complied
with the Supply of Goods and Services Act- Under this Act, all services carried out
by a business must be done with reasonable
care and skill. You should then be able to
claim a refund from the magazine.
I have been doing business with one
particular company for a few years. They
have taken on a new sales rep who has
emailed to say he has targets to meet and
if I cannot increase the size of my sample
order he will have no option but to see
who locally can offer him better business.
I donÕt want to lose this label but I cannot
afford to have too many eggs in one basket. I have been
buying, on average, eight to 10 pieces per season from
the company, which, in this day and age, is not bad
going. I feel threatened and I am not sure what to do.
The fact that you have been buying on average eight to
10 pieces per season does not compel the company to
carry on doing business with you. In that sense, the sales
representative is within his rights to require you to order
more samples or cease doing business with you.
The situation would be different if there is a contract
between you and the company stating that you will buy,
and they will sell you, a certain amount of samples per
season. Further, this contract could be drafted to last for
a few seasons. If a contract does exist, the company would
not be able to force you to buy more samples than the
amount the contract stipulates.If a bride buys a dress from me (after repeated
appointments and mind-changing), takes delivery,
and then says she has decided against it (two weeks
before the wedding!!), and asks for her money back,Raj Dhokia of solicitors Freedman Green Dhokia looks at the issues that
may be affecting our business. Questions will be answered in the fi rst
possible issue of Bridal Buyer and shown online at http://www.bridalbuyer.com“It may
transpire that
the buyer has
the right to
return the dress
if she’s not
happy with it”To consult privately with Raj Dhokia call
Freedman Green Dhokia on +44 (0) 20 7625 6003
or email [email protected]what do I do? I know that legally she does not have a
case, but I am in a small town where news travels fast
and everyone knows everyone else. This girl is very
unpleasant and has suggested she will spread the
word not to deal with me and I am very nervous.
In this situation, a close reading of the order form/receipt
is important. It may transpire that the buyer has the right
to return the dress if she is not happy with it. However, on
the current facts it appears that there is no refund policy.
Therefore by paying for and retaining the dress, the buyer
has accepted it and is not legally allowed to return it.
Your customer’s threat to spread negative publicity
about you poses a more diffi cult problem and there are
two possible approaches. If your customer goes ahead
with her threat, you could instruct a solicitor to draft a
letter asking her to desist and withdraw any remarks.
You may have a possible action in libel but the costs and
complexities of issuing a claim make this unrealistic. A
letter from your solicitor is more likely to be successful.
To avoid any problems with your customer, a second
route is to allow her to return the dress. It will still be open
to you to re-sell the dress but more likely at a lower sale
price. Further, the return of the dress
should ensure that your customer does
not embark on a negative campaign
about your business. It may be worth
losing money on the dress to secure
your business’s reputation.Contracts. Are they really essential
for employees or can I just write a
formal letter of agreement? I am a
new business and looking to hire
part-time sales assistants. The two
I am in conversation with are known
to me, and very keen to be involved.
Under s.7A of the Employment Rights Act 1996, as an
employer you are permitted to provide an employee with
either a contract of employment or letter of engagement.
The same legislation requires an employer to specify
certain details in these documents. These range from the
rate of pay to a general description of the employee’s role.
You should read the legislation carefully or consult
an employment lawyer to ensure you meet your legal
obligations. BBWWW.BRIDALBUYER.COM 101
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