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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4661
Experience:  Solicitor
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I brought the skincare brand Elemis into my day spa in Bath

Customer Question

Dear Sir/Madam,
I brought the skincare brand Elemis into my day spa in Bath 13 years ago. They are nor giving the brand to a new salon (due to open in 1 month) that is 220 feet from my front door. Can I do anything to stop it? Nothing has been signed yet. Should I tel them that if they go ahead with this I will cancel mr contract with them and take another brand?? I am their biggest account in the West Country. I feel like I have been treated very, very badly. They also did not tell me about this. I found out via social media. Very poor indeed. Should I get a lawyer?? ThNk you. E. Hughes
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

Just to be clear, you are upset they have given someone local an account too?

Customer: replied 1 year ago.
it affects my business drastically. My takings will go down massively and if they offer the same Elemis treatments my staff (who I sent on training) may be tempted to go there for employment and I could do nothing to stop them. It is terrible. It also cheapens the brand if it is available in two salons so close to each other. My other suppliers would never do this. It is a real slap in the face!! E Hughes
Expert:  Jamie-Law replied 1 year ago.

You want to leave them, is that right?

Customer: replied 1 year ago.
Jamie. I need to know whether or not I should just tell them that I may end my contract. I would like to draft them a letter saying that if they supply this other salon I will end my contract. Can you help me draft a letter? I want the letter to be serious and drafted with a certified lawyers support. Can you help?
Expert:  Jamie-Law replied 1 year ago.

Just to be clear, you have never signed a contract?

Customer: replied 1 year ago.
I have. I must give them 6 months notice. Which is fine. It will take me that long to sell off my stock anyway. I would put that in the letter. (Giving them 6 months notice). Can you help me write the letter?
Expert:  Jamie-Law replied 1 year ago.

Is that all you need me to assist you with, is the letter?

Customer: replied 1 year ago.
I need help drafting a professional letter.
Expert:  Jamie-Law replied 1 year ago.

Dear Sirs

I write further to the recent account that you have allowed to be opened at xxxxx, without any prior notice or consultation.

As you know I pride myself in being the exclusive distributor of your products within the local area and you will note the high turnover of my account.

I am disappointed that you have chosen to dilute the Elemis brand and as such have no alternative but to terminate by account with you.

Although there is no written agreement and as such contractually I do not have to give you any warning, I am giving you 6 months notice.

I have been with you for 13 years and I am very sad to see how you treat your loyal customers.

Yours etc

Does that clarify?

Customer: replied 1 year ago.
Hi Jamie,
Thank you for the draft letter. As you can see by my previous emails I do hsv a contract with Elemis and must give them 6 months notice. I would rather say that I am coming terminating my contact and would like to give them provisional notice based on their decision to supply another salon 1. Without consulting me. And 2. The location being only 220 ft. away from my premises.
I would consider keeping my account with them if they would reconsider giving their brand to such a small misplaced business.I thlnk the letter that you wrote is good but needs to be better. But good for a first draft.Thank you and look forward to hearing from you.E Hughes
Expert:  Jamie-Law replied 1 year ago.

I write further to the recent account that you have allowed to be opened at xxxxx, which is just 220 feet away, without any prior notice or consultation.

As you know I pride myself in being the exclusive distributor of your products within the local area and you will note the high turnover of my account.

I am disappointed that you have chosen to dilute the Elemis brand and as such have no alternative but to terminate my contract with you.

Although there is no written agreement and as such contractually I do not have to give you any warning, I am giving you 6 months provisional notice.

I have been with you for 13 years and I am very sad to see how you treat your loyal customers. I would consider keeping my account but you must reconsider giving other accounts so close to me

Yours etc