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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I run a arts and crafts business and sell products on behalf

Customer Question

I run a arts and crafts business and sell products on behalf of local crafts people, we have terms and conditions in place,
in 2012 I was visited at the shop by an old acquaintance with the prospect of my stocking her products, she went away to think and get back to me with products that best suited our store, after a few weeks a parcel arrived at the shop with 10 handmade soaps...
with no cover letter, delivery itemised note, after contacting this lady I put out on the shelves (only because I knew of this lady)
a year later I had not sold one single item I contacted this lady to collect the soaps, she told me to packed them and a currier would collected from us, I did inform her we don't get involved in packing products and she should have collected in person...
she has know started proceeding in small court claim for unpaid invoices, that since she has issued me with...
Where do I go from here? I had a mediation call today from mediation service and she still wants to be paid... I did not asked her to post any items and she has no documents to prove otherwise...
Any advise Please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is the value of the claim? Was it on sale or return please?

JACUSTOMER-nua5phtx- :

The lady wants to charge me for the value of the handmade soaps plus a range of interest £141.00 plus court expenses

Alex Watts :

Why exactly did you refuse to repack - it does seem a reasonable request?

JACUSTOMER-nua5phtx- :

we get people on a weekly and sometimes daily basis visiting us at the shop asking if we would sell their products... If people were to just post their products to us and then ask to post them back... we simply do not get involved in unpacking and packing,

JACUSTOMER-nua5phtx- :

this lady did not follow the right process and did not contacted us prior to posting her products

JACUSTOMER-nua5phtx- :

we would have advise her not to and to read and sign our terms and conditions, that states clearly our rules to include

JACUSTOMER-nua5phtx- :

all products to be delivered in person displayed by the creator / maker photos taken delivery note checked and signed for...

JACUSTOMER-nua5phtx- :

I did not request this lady to post her products to us, in many occasions asked this lady to collected from us in person

Alex Watts :

When you had the products did you say she would have to package them and send them back?

Alex Watts :

If you did not request her to post the products, did you notify her on collection to return them please?

JACUSTOMER-nua5phtx- :

I don't quite understand you questions, I did not asked her to post any products to the shop, I did not order anything from this lady, she is know to me for some years so therefore when they arrived at the shop I originally assume they where samples and waited for a couple of weeks as I did not hear from her I send her a message to ask what exactly did she want me to do with them,

JACUSTOMER-nua5phtx- :

I told her this is not the way we work and all item need to be checked in with delivery note etc...

JACUSTOMER-nua5phtx- :

she told me to try and sell them and see how it goes...

JACUSTOMER-nua5phtx- :

It was at early stages of my opening the shop and I was extremely busy to worry about 10 soaps that turn up at the shop unwanted, if everybody that askes me to sell their products at the shop were to post me stuff I would be busy just opening boxes and posting them back,

JACUSTOMER-nua5phtx- :

she known the rules as she has in the past sold things in other stores in her village

JACUSTOMER-nua5phtx- :

she runs her own business she is informed of etiquettes and terms of business...

JACUSTOMER-nua5phtx- :

I can't be wasting my time and money in everybody that decides to jump to conclusions and assume they have the right to now ask for money for products they choose to send

Alex Watts : Yes.
Alex Watts : If it was unsolicited then I agree that you do not need to return the goods. It is for the supplier to arrange collection and to ,are sure they are packed.
Alex Watts : You can defend the claim on the basis it was unsolicited, you never asked for the goods to be supplied and that they are available for collection,
Alex Watts : So yes you can defend it.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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