Legal Advice for Small Businesses

Questioner

best, I am a small business owner and I make clothes. A customer had a costume made by me a year ago and now wanted to order matching clothes for her family and have the dress altered to her ideas. They spent more than four hours in the studio selecting fabrics and telling me what their wishes were, down to the last stitching seam. She left the dress for me to alter After this otherwise free visit. The quote became too high for her and I would also not be able to deliver within the time frame she set. So she cancelled this order. She just wouldn't pick up the dress but I had to send it in a garbage bag. Unfortunately I didn't manage to do that within a week and now I'm accused of stealing the dress. Even though I explained that it was high season and I was very busy, she still thought I borrowed the dress from her and didn't want to return it. Following this email I said that she can come and pick up the dress because mutual trust has been damaged. And I will no longer provide service. It not only costs me time and effort but I also cannot guarantee that the dress will arrive (neatly) since the post office sometimes makes a mistake during shipping. And that I am afraid that she will still hold me responsible. Now she is threatening legal action because she has to incur costs to collect the dress or buy a new dress. But I assume that I am fully within my rights and not obligated to provide this service. I would like to hear your opinion on this Yours sincerely,

Lawyer

If you send the dress by registered parcel post or express service, there is nothing wrong, right? I do advise you to offset the costs you have incurred (wages for the work in the shop) with the costs she claims and to ask for reimbursement of the shipping in advance. I also have a gut feeling about this story, it tends a bit towards fraud. But okay, if you want I can also write a letter or e-mail for you so that you at least put your money where your mouth is. Will you contact me immediately?

Lawyer

I recommend that you prepare the dress for shipping and have your customer pick it up themselves (even seal the box only when the driver is there, so you have a witness to what is in the box). For example, UPS picks up themselves and also registers that the package has been picked up. Your customer can then select a shipping company and pay the costs themselves, and you don't have to leave the house. Packing may take some effort, but if you just do it as quickly as possible, you'll be done with everything.