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Help - Ordered paid for - now wants refund... - Page 2

post #16 of 68
12/1/08 at 6:07pm
Quote:
Originally Posted by CreationsByCaryl

UM....wedding is 20th of December. Your contract states that no refunds if event/order is cancelled within two weeks prior to the contract date. They've cancelled before that date. Cut off would be 6th of December or 5th of December.



Good point, I was ready to say no refund, but they have cancelled within the "contract" allowable terms.......you have to refund it or put it towards a future order per your own contract wording.

Edit to say.............I reread the original opening post and I'm completely confused by the contract wording. If you "never" refund money for a canceled order than why do you mention the 2 week time frame? icon_confused.gif
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post #17 of 68
12/1/08 at 6:07pm
Quote:
Originally Posted by CreationsByCaryl

UM....wedding is 20th of December. Your contract states that no refunds if event/order is cancelled within two weeks prior to the contract date. They've cancelled before that date. Cut off would be 6th of December or 5th of December.



What I'm reading says no refunds and (for some reason) if they cancel within two weeks she lets them apply it to another date.

Quote:
Originally Posted by poshcakedesigns

...The bride contacted me via email and had indicated that she had read my booking/reservation policy. Which states NO cash refunds and if the event is cancelled 2 weeks prior to the event the monies paid can be applied towards another order.




There's that "NO cash refunds and if"...

But you know what? I think I'd let them charge this back through their credit card company. This is kinda creeping me out that maybe they are scamming you.

How did they pay you? What tender did they use? I'm feeling like you're gonna refund and find out the initial transaction was illegitimate and be out all this money. I mean unless it was cash or something.

Whatever you do, you won't regret moving slowly.
 
 

 

 

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post #18 of 68
12/1/08 at 6:09pm
I think her contract says no cash refunds, but if you cancel more than two weeks before the event, you can get a credit for the amount toward another order. I gather, then, that if anyone cancels with less than 2 weeks' notice, they get no refund or no credit. Since these people cancelled with more than 2 weeks left, they wouldn't get a refund, but they could apply the money they've paid to a future order(s). Is that what it means?
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Mommy to Colette (b. Oct. 4, 2006) and to my four-legged "baby" Otto (b. July 7, 2004)
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post #19 of 68
12/1/08 at 6:20pm
Thread Starter 
Quote:
Originally Posted by tracey1970

I think her contract says no cash refunds, but if you cancel more than two weeks before the event, you can get a credit for the amount toward another order. I gather, then, that if anyone cancels with less than 2 weeks' notice, they get no refund or no credit. Since these people cancelled with more than 2 weeks left, they wouldn't get a refund, but they could apply the money they've paid to a future order(s). Is that what it means?



Thats correct if they give me 2 weeks notice I'll apply the money towards another cake but less than 2 weeks you don't get anything.

Yep they paid with CC - my luck. I emailed them and told them I'd refund part of the money but not all of it because I lost business due to taking their order. I haven't heard back from them yet. icon_mad.gif
Stephanie
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Stephanie
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post #20 of 68
12/1/08 at 6:21pm
Thread Starter 
Quote:
Originally Posted by tracey1970

I think her contract says no cash refunds, but if you cancel more than two weeks before the event, you can get a credit for the amount toward another order. I gather, then, that if anyone cancels with less than 2 weeks' notice, they get no refund or no credit. Since these people cancelled with more than 2 weeks left, they wouldn't get a refund, but they could apply the money they've paid to a future order(s). Is that what it means?



Thats correct if they give me 2 weeks notice I'll apply the money towards another cake but less than 2 weeks you don't get anything.

Yep they paid with CC - my luck. I emailed them and told them I'd refund part of the money but not all of it because I lost business due to taking their order. I haven't heard back from them yet. icon_mad.gif
Stephanie
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Stephanie
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post #21 of 68
12/1/08 at 6:31pm
Return the call,

"Hi, .... . This is ..... . Your call took me by surprise the other day. I understand that you would like a refund of the monies paid for the order placed with me for your wedding cake on 12/20. Although the contract that was agreed upon and signed by you and .... , clearly states no cash refund, I am going to refund 100%. Monies were paid before you had the opportunity to taste my cake and make an more informed decision. I will have to wait until the funds have cleared before crediting you with that amount. Thank you for considering me for this event. I hope to do business with you in the future. If you would like, I can call you when it is credited back."

I wouldn't credit it back until AFTER it's been completed on your end. I've heard of cc fraud that involved transactions and cancelling of orders....
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post #22 of 68
12/1/08 at 6:36pm
This just smacks of an Americanized version of the age old scam where they say, "Makie me cakie prease and say Happy Married Day on it. Take to Mississippi river and float cake down to me I will wait on shore down river. Don't sink my cake. I will send you lots of money soon very soon.

I don't know. Think they are trying to make some Christmas cash?
 
 

 

 

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post #23 of 68
12/1/08 at 6:37pm
double post
 
 

 

 

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post #24 of 68
12/1/08 at 6:59pm
I think this is your own personal judgement call. What do you feel comfortable with doing? Have you tried to call the other orders you turned down to see if they are still in the market for a cake?

Do you have terms in your contract regarding changes to the order? If you have a term that suggest changes to your contract are to be made in writing then the verbal modification you agreed to is invalid unless it is agreed upon in writing.

Were you under duress when you made the modification? (not sure this applies) If so and this goes to court then that is a valid reason to overturn your verbal agreement (made under duress).

You can legally verbally amend a written contract (unless it is for certain things like real estate, tenancy, etc..) It seems like you have agreed to refund the money and unless you were under duress or had terms in your contract that stated changes must be agreed upon in writing then the verbal modification to your contract would probably hold up in a court of law.

Contacting a lawyer is always a good option!
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post #25 of 68
12/1/08 at 7:03pm
Maybe just give them half back, that way you don't loose out totally and they at least don't feel totally ripped off (which they will claim eventhough you have every right to keep every penny!) Just split the difference with them.
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post #26 of 68
12/1/08 at 7:09pm
Quote:
Originally Posted by all4cake

Return the call,

"Hi, .... . This is ..... . Your call took me by surprise the other day. I understand that you would like a refund of the monies paid for the order placed with me for your wedding cake on 12/20. Although the contract that was agreed upon and signed by you and .... , clearly states no cash refund, I am going to refund 100%. Monies were paid before you had the opportunity to taste my cake and make an more informed decision. I will have to wait until the funds have cleared before crediting you with that amount. Thank you for considering me for this event. I hope to do business with you in the future. If you would like, I can call you when it is credited back."

I wouldn't credit it back until AFTER it's been completed on your end. I've heard of cc fraud that involved transactions and cancelling of orders....



Does it seem like she's agreeing with the mistaken idea that her cake sucks by the 'informed decision' part? Cake is cake is cake is cake is cake. A ten year old business cannot make cake so disagreeable as to so mightily offend a Johnny come lately bride & groom for them to cancel on taste. That's absurd. I mean unless it was horseradish cake with garlic infused honey mustard filling, blue cheese icing and an aged balsamic vinegar splash.

And I would never ever want to do business with them again! In a soft sweet breathy voice: "Why yes I'd love to give you folks another opportunity to screw me, I can't wait."

(Funny, I didn't think I was in a bad mood.)
 
 

 

 

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post #27 of 68
12/1/08 at 7:23pm
LOL...no, I thought she'd be agreeing to refund the money while letting them know she didn't have to...she could simply give them a credit. Not everyone likes a particular cake. Although the cake may be delicious, it may not be what they were looking for. They didn't like it for whatever reason...wasn't what they wanted anyway. Had the tasting taken place before the transaction or had they had tasted the cake at another function, they would've been more informed in making their decision and quite possibly the transaction wouldn't have occured.
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post #28 of 68
12/1/08 at 7:25pm
I reckon I was submitting my 'phone call' based on my own policy...no money is transferred until samples are tasted, designs are discussed and terms are agreed upon.
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post #29 of 68
12/1/08 at 7:34pm
Quote:
Originally Posted by k8memphis

I mean unless it was horseradish cake with garlic infused honey mustard filling, blue cheese icing and an aged balsamic vinegar splash.


And monkey-butt-earwax filling ..... don't forget the earwax filling! icon_lol.gif

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post #30 of 68
12/1/08 at 7:45pm
and the cake may not have been what they were looking for for their wedding cake but it may be just the cake for another function, if they were looking for something inparticular for their wedding is the reason for the "...future." comment.

I'd rather give them a refund and not accept future orders (if I felt so screwed by them) than to give them a credit for future order(s) and deal with comments about the flavor/texture/looks again and again until the credit ran out....this is not to say that there would be comments but to save the anguish of the possibilities.
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