Legal Assistance with Purchase Disputes - Legal Aid Office

Questioner

I have an upholstery shop and ordered and hung curtains for a customer. There are a few mistakes that my studio wants to correct, but my customer does not accept this and wants to return the curtains, not pay for them and cancel the purchase. I do not want this because the curtains were made especially for this customer and I have no use for them. My question is: what can or should I do, what are the rights and obligations of me and my customer? Can I still send an invoice if the customers return the curtains?

Lawyer

A consumer must first give a (your) store the opportunity to repair, restore or replace. Your customer is therefore not right. You do not have to take back the curtains other than for repair and may charge for the repaired curtains.

Questioner

Thank you for your answer to the incorrect curtains issue. I would also like to know if I can also send the bill if I no longer get the chance to repair the curtains. Can I also demand to first receive the bill in order to then repair the curtains, this in case I have little confidence that the bill will be paid (which has been reported twice). Thank you kindly for your answers.

Lawyer

You cannot demand payment first. It is best to first explain what the mutual rights and obligations are and try to reach an agreement on repair and payment. You can also indicate that if you are not given the opportunity to repair, you will still charge for the curtains. If necessary, you can confirm this in writing (registered) to the customer.