Request refund after non-delivery of product.


Questioner

In 2020, as a sole proprietorship, I hired a media company to come and record an artist (video). And edit an earlier recording. After payment we never received the edited recordings back. The company claimed that the videos we submitted were not good enough to work with. Fine, I thought! I didn't really make a big deal out of it. Shortly after this, we no longer represented the artist for whom we had purchased this service. We asked the company for a refund for this reason, but according to the owner they don't do that. The only option was to use the paid service for another artist in the future. And even this I have tried but the company does not respond to my requests, Messages are read but I am simply ignored. It's not a huge amount, but I just feel screwed and I want justice. What should I do or who can help me to still receive a refund?

Lawyer

It is unfortunate that you feel treated this way. It appears that you are dealing with a potential civil matter, where it is important to understand what was agreed in your contract or agreement with this company. If the agreement states that the service (recording and editing the video) will be provided and paid for, but does not set any conditions regarding the quality of the video you provide, then the company may have breached its contractual obligations by not providing the edits. If the agreement does not contain any provisions regarding this, you may still have a claim under the general laws on contractual performance in the Netherlands ('failure to perform'). But before you consider legal action, you have a few other options. First, you could formally send a registered letter or email to the company, giving them a reasonable period (usually 14 days) to meet their obligations. If the service is not provided or the payment is not returned, you have the right to terminate the contract and claim compensation. If they do not respond or refuse to pay, the next step may be to try to resolve the matter through a mediation process or a complaints procedure. If this still does not work, you may consider taking legal action. Please note that this route can often involve significant costs, some of which may not be recoverable even if you win. It is therefore wise to first calculate whether the value of the claim is worth the potential costs, and to seek legal advice before taking these steps. Please note: This is not legal advice. Different facts or laws may apply in your specific situation, and you should always seek legal advice from a qualified professional before taking legal action. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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