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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10624
Experience:  Barrister 17 years experience
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I am a photographer, and after seeing my work on my website,

Resolved Question:

I am a photographer, and after seeing my work on my website, a major fashion company approached me to photograph their clothes for an exhibition. They said they wouldn't pay me but the exposure would publicise my work. Their communication was abysmal and I thought they had changed their mind because they didn't reply to my emails, then they came back to me and said it had to be done within a few days, and they quickly had the clothes delivered by courier- they were bulky and packed in large bags. I paid for models and equipment etc, and took all the images, which they said there was no brief for, just to do what I wanted. I then emailed the images to them, and again, they didn't reply. When they did eventually, it was to say they didn't like them. I offered to do more if they told me what they did like but didn't hear anything. I sent more emails but no response. They have now come back to me and want me to send the clothes back. I said that the clothes had been sent initially by courier and asked them to collect them in the same way. They refused and insisted that I send them back. By which I assume they meant for me to pay a courier or to queue at the post office and pay. There was never any discussion that I do this. Am I right in insisting that they collect? I have said I will arrange for someone to be in.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. You do not have to pay for the courier to return the goods. Essentially, the clothes were delivered to you for you to do something gratuitously for the bailor or major fashion company. The relationship of bailment was created between you and the fashion house in relation to the goods You were obliged to keep them safe, but you were not obliged to return the goods at your expense. In this regard, you are in no different situation to a launderette who is given clothes to launder them for their owner for free. The clothes arrive by courier. But there is no obligation on the launderette to pay for a courier to send the clothes back to the owner of them. The onus is on the owner of the clothes to either come and pick them up or to forfeit them. So here, you have no obligation to pay for a courier to send them back as there was a gratuitous bailment in place for you to photograph the clothes. Nothing more.

Customer:

Thank you very much. I have emailed them and have politely insisted that they do so.

Buachaill :

2. That is a good way of handling it. Stress the gratuitous nature of the services provided and ask them would they consider covering the costs of the models which you used.

Customer:

Thank you. your prompt advice is greatly appreciated.

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