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customer demanding refund & compensation or court action - Page 2

post #16 of 29
Quote:
Originally Posted by CakeGeekUk View Post

If there was any decency on behalf of the management they would have offered to make it up to you in future referrals.  If they didn't budge at all, you could let them know that it wouldn't serve their reputation well if it was known that wedding cakes delivered to their premises were damaged and handled recklessly by their staff, leaving customers out of pocket. 

If I was running a venue and a vendor delivered a day early without authorization from the customer, then tried to extort money from me, that vendor would most definitely not be receiving any referrals and could even be banned.
post #17 of 29
Quote:
Originally Posted by jenmat View Post

Oh my goodness. 
Unless it was agreed upon that you deliver the cake a day early, this is on you. I'm not sure what the venue would be responsible for in a legal setting, but morally, if that cake was out of your hands and control 24 HOURS before it was supposed to be, I would be refunding fully and learning a big lesson. 

A venue isn't going to care about the cake like you would, and how can you expect them to? It isn't their job to store a wedding cake overnight unless both they and the bride agreed to it. IN WRITING. And then there should have been directions to the storage- which you both had a copy of, including signatures. 

If we are all mistaken and this was agreed to, then the venue does have some culpability, and I apologize for my assumptions. But even then, it is up to us, the experts to know what is best for the cake. 

^^^^^^^^This^^^^^^^

Can you post the pictures for us? Was the letter from the couple or drafted by a lawyer? Are you working for someone else or do you run the company with a partner?

I'm sorry this has happened but I would try to rectify this situation ASAP to avoid further damage to your reputation, the longer this goes unresolved the angrier she's going to be.

For the future I would get written acceptance from whoever accepts the cake and responsibility for it as well as a picture (I'm sure you've already thought about this now). At this point it's your word against the venue or coordinator, tacky that they are saying they didn't accept the cake. However, I would never set up a cake that early. Early enough to have ample time to fix any issues from traveling and to slip out also I have a time set with the bride (and with the venue if I haven't dealt with them before-just a call the day before to make sure they have a sturdy table, etc.) stated in writing on my contract when and where the cake will be delivered and contact info for a secondary person (mother, coordinator, etc.) who will be signing off on the cake.

Basically, the earlier you setup a cake, the more chances something can go wrong! Yes, they shouldn't have moved the cake or thrown it out (I'm confused as to who did this) but part of our job as professionals is to anticipate and avoid any action that will put us in situations like this. Regardless, it's done, you've obviously learned a difficult lesson from this. You should speak to your lawyer about verbal contracts, hopefully it won't go that far but for the sake of your business I'd do whatever possible to fix this as soon as possible. Good luck and keep us posted.
post #18 of 29

Like AZ said - if this wasn't strongly discouraged and signed off on, you owe her a refund.

 

Quote:

Originally Posted by BatterUpCake View Post

As I said I do not do wedding cake but this applies to any cake. I carry insurance that covers anything like this. If my product fails because of negligence by me (delivering early or structural problems) then they would cover it. It only costs $35 a month and is well worth it. I just pray I never have to use it....


You're saying you have errors and omissions insurance for cake and it's only $35 a month? It never occurred to me to get this sort of thing because I figured it would be incredibly expensive,  When we had it for real estate, it was about $50,000 a year.   Would you pm me the name of the company?

post #19 of 29

Business Insurance Now...sending you Danny's email in a PM

post #20 of 29
Quote:
Originally Posted by howsweet View Post

You're saying you have errors and omissions insurance for cake and it's only $35 a month? It never occurred to me to get this sort of thing because I figured it would be incredibly expensive,  When we had it for real estate, it was about $50,000 a year.   Would you pm me the name of the company?

Most regular business liability insurance (~$300-500/year) will include errors and omissions coverage.

Considering the size of real estate transactions compared to the price of your typical cake order it's not surprising that this insurance for real estate would be much more expensive.
post #21 of 29
Ive worked in the legal field for 8 years. I am not a lawyer, so this is not legal advice, just my educated opinion.

Given that you left the cake at the venue early, the verbal agreement that the staff wouldn't move it is worthless. Not trying to kick you while you're down, but you should give her a full refund. Have you spoke to her? On the phone or in person. I would have her meet with you, offer a full refund. Draft a document stating the refund releases you from any and all further legal proceedings. If she is insistant
post #22 of 29
** on taking you to court, she most likely will not be awarded any more than the cost of the cake anyway. I highly doubt she has an attorney who will represent her. This is a small claims court thing... Judge Judy stuff.

Again, I would meet with her, full refund in hand and a release. Don't tell her she won't get more in court. If she refuses, you make documentation of the offer, the conversation, everything. Then if you go to court, you have proof you tried to rectify this.
post #23 of 29
Quote:
Originally Posted by jason_kraft View Post


Most regular business liability insurance (~$300-500/year) will include errors and omissions coverage.

Considering the size of real estate transactions compared to the price of your typical cake order it's not surprising that this insurance for real estate would be much more expensive.


Oh, maybe I already have it? With the real estate thing, it was a whole separate policy. Every time we had a lawsuit, it went up. I remember getting a quote of $80,000. At that time, the laws in Texas had made it less profitable to sue doctors, so they went after Realtors. We had a lady who got a roof leak in a hundred year rain  right after she moved in and her lawyer told her not to fix it. Everyone involved on both sides offered to pay the $300 repair she needed. By the time it went to trial, she claimed the house was a tear down and she was suing for a couple of million dollars. The jury  trial was just over 2 weeks and she lost. She lost and the lawyers won - our lawyer got paid about $55,000.

 

So I  I see your point. It would be hard to create that kind of thing from a cake catastrophe. Unless someone slipped on the cake after it fell over and broke a hip. Or claimed the cake gave them flesh eating bacteria.

 

There may be an argument for not carrying insurance. The one person in the lawsuit who might have been responsible (the inspector) was let go during jury selection because he had no insurance. So they wound up claiming we knew about the leak and literally went to the house to paint over leak stains ourselves. I still have this absurd image of the owners of a RE/MAX office all dressed for work with nice hair, jewelry and suits rolling paint on the ceiling of a $75,000 house.  :rolleyes:

post #24 of 29

Oops, sorry for the vent - I always think I'm over all that, but I don't seem to be... icon_biggrin.gif

post #25 of 29

Any updates? Have you heard more from your customer?

post #26 of 29
Got anything else to say about this? People are on your side, we want to see everyone do good, even if it means sucking it up and doing the right thing and learning a tough lesson. Photos? Anything?
"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
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Birthday Cakes
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"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
Reply
post #27 of 29

That's so true! Even if they start hijacking your thread venting about their own lawsuits, people still want to support you. :smile:

post #28 of 29

I don't think you should give them a refund, seek legal advice but over here it's not uncommon for the venue to ask for the cake to be delivered the day before. Maybe beginning legal proceedings against the venue will shake them up enough to take responsibility for it.

It's not exactly the same but I delivered a cake on the day of the wedding, the catering staff then took it to a walk in freezer room. Apparently when they took it out the cake melted or something or other, bride called me ages later to ask how much she should ask for in compensation. The venue/catering are paying the bride, ain't got nothing to do with me!

"Taste your words before you feed them to people."
www.sugaredsaffron.co.uk
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"Taste your words before you feed them to people."
www.sugaredsaffron.co.uk
www.facebook.com/SugaredSaffron
Reply
post #29 of 29
I'm going they the same thing. But for an 8" cake. She said it tasted like
Peptic bismal. Our policy states if there's a taste
Issue bring back the cake so we can check it.
She didnt so we are not issuing a refund.
Now he can always contact her cc company. But
We emailed her and stated our policy. She's still
Sending the same email to me.
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