O.k. last week I get a last minute for order Dec. 20th for a wedding.

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.

Well here is my delima - the bride paid for the order and I met with them 3 days later and provided a sample and they read and sign my contract which again states NO cash refunds. So I get a call today saying they do not for whatever reason like the sample I provided and want a refund.

Well it caught me off guard, in 10 years never had this problem but on well can't please everyone. Well I couldn't understand the guy very well he was on his cell phone and he said for me to refund his money to his credit card. I said o.k. but now I'm not sure if I should refund the entire amount even though my contract states no cash refunds for any reason.

What should I do? I don't want to seem unreasonable but I have already turned down 2 orders for this same day. He caught me completely off guard on the phone and I could hardly understand him but I'm sure he heard me say o.k. I really didn't know what to say but they did sign a contract.

Any advice?

I'm sorry this happened to you! People are so weird sometimes, especially around the holidays.

Personally, I keep the deposit, I explain this to the customer, primarily because I turn other potential customers away.

But I will bump this for you to keep it going, so someone else can give more advice.

You are in a very TOUGH situation. I personally would not give a refund back since in your policy that they signed states no cash refunds within a certain time frame. BUT since you told him on the phone that you would give him a refund you are in my book obligated to refund him the money. It doesnt matter that they signed the contract, when you said "OK" the contract disappeared. I hope that someone else comes along and can offer more advice.

Sorry you are in this situation.

Did you mean to say that they paid after their tasting session?

I agree with lindambc. It states in your contract "no cash refunds." You turned away other clients to do this last minute order, which was something you were kind enough to do. Mail them a gift certificate toward another order. If you do it for one person and break the contract, if it comes up again, others might expect it.

You have a contract and unless you go against your own words, legally you are entitled to keep the deposit.

I would not refund the money, you lost 2 orders because you took their order. If they did not like the cake they should of mentioned it at the tasting. Or you can give them half of the money they can at least pay you for your samples.

I had a girl order a cake and not pick it up, she is a good friend of my friend so I told her to pay me when she picked it up, and she never came.
It is a small cake but believe me it won't happend again.

I have to agree with lroberts74. Up until you said "ok" I would have said stick with your policy, now you have already agreed to refund him. It's unfortunate and he probably caught you off guard at that moment but I have a feeling it will be more of a pain to fight him on it now.
Sorry

Yeah, I would eat this one. You may never hear from them for another orderif you give them the refund, but you may also never know how many friends they would tell about you being difficult with the refund. I'm not saying you're being difficult, but it's what they could potentially tell other people. Other people who may have wanted a cake at some point from you.

If they paid by credit card, you may be cooked, no matter what you want to do---if he doesn't get the refund, he can dispute it with the CC company and make life very hard for you until it's cleared.

If he paid with cash, or a check that has cleared, I personally wouldn't refund any money (and if I hadn't cashed the check, I'd rush it to the nearest branch of their bank and leave with the cash--no matter what fees they charged for cashing it!).

I'd call them and explain that I was caught off guard by the phone call and that after considering the amount of business I turned away for their request, I can't in good conscience give the money back.

The way I see it, they knew at the tasting exactly how they felt about your cake. If they paid then, it shows that they were happy with the taste, design, price, etc. I believe that they found a better offer after the fact (free cake by family member jumps to the top of the list), and now have "buyer's remorse". For whatever reason, they thought that you would renig on your own policy.

Show them that YOU CAN CHANGE YOUR MIND, TOO!

Rae

Sorry to disagree, but a verbal "OK" doesn't negate a written contract. If they called and said change the yellow to pink, again, it doesn't apply until it is in writing. You are under no legal obligation to refund.

"Morally", you do as you think is fair--- considering you turned away other orders. Legally, ONLY the written contract prevails.

I would offer a small "freebie" later... but you are under no obligation to do so.

By no means should you give their money back. They signed your contract and knew your policy.
Sounds to me like they probably found a cheaper cake and are trying to lay the old "we didnt like it" on you.

This will be a lesson for them on how a business is run - you even turned down jobs for the same date.

Stick to your policy - you are not going to lose business because of these people.

Good luck!

I think it is especially conniving of them to dis your cake saying that they did not like it. That is so way hitting below the belt. I mean I've never had your cake, but if you've been in business for ten years you have to be doing something right. I mean it's cake--it's just not that hard. They have an ulterior motive for requesting their money back. They probably found someone cheaper or Aunt Louise volunteered to make it or something.

Screw them.

And how it can be right like when folks upthread say oh because you agreed to it you have to stand by your word--well he77 she also has it in writing that she will not refund-- why come down on the side of her loosing money? Makes no sense.

I say don't refund.

But it is true that if you accepted a credit card you might lose anyhow. Drat that.

Hope all goes well. Hope some nice people call & you can fill the spot nicely.

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.

I'd call them. Say you were driving and couldn't hear correctly and wanted to make sure you talked to them. Confirm they are cancelling. Then remind them of the details of the contract, read word for word from it. If they push that you already said OK after that, I'd let it go, minus a deposit if your contract says you can.

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?

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....

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?

double post

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!

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.

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.

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.

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.