LED curtain with no Lights?

[SkintDan]

Hi,

 

We got married a few weeks ago. For the evening do, we hired an LED dance floor (£500) & LED backdrop/curtain (£250), from an Events company.

 

The dance floor was fine. We had asked for the curtain to be put behind the buffet table.

 

When we arrived to at the room, there was no lights on the curtain.

 

We have since contacted the company & asked them for refund on the curtain as we would never have paid for a plain curtain!

 

The company have told us that there was nowhere to plug it it so that's why there were no lights.

 

They did not contact us at the time asking us if we still wanted it up or put up elsewhere in the room.

 

There reply:

 

"As a form of good will gesture with no liability I am willing to refund £50 part payment."

 

I was looking to pursue this through the small claims court. Am I right to do so - is the liability with me?

 

Many Thanks

[raydetinu]

I defo would not accept that, they could of used an extension lead or at least informed you at the time of the problem.

Suggest you write to them asking for a full refund as they did not supply what you had paid for and give them 7 days to respond or you will be taking court action. ( you must write/email first as this is court rules. )

[SkintDan]

Great thanks raydetinu.

[SkintDan]

Hi,

 

I asked for refund again & they offered £50 good will gesture, which I refused again. I sent them a LBA & there was no response. So I finally opened court claim via Small Claims Court.

 

They still have 10 days left to submit their response.

 

Yesterday, they came back to me telling me that they are still in their rights per the t&c's on website. They say complaint should have been within 5 days of event. We went on honeymoon for 2 weeks on the Monday & issued our complaint within 5 working days of returning.

 

Below are the points they highlight which feel protect them & will use in their defence:

 

 

16. Following an artist/supplier or product service arriving on site the full fee becomes payable by the Client/Venue booker to the Company.

 

21. All complaints must be received in writing within 1-5 days of the event. Each complaint will be dealt with on an individual basis and a response issued within 7-14 days. The Company acts as an agency and will not accept responsibility for non-fulfilment or breach of any agreement/contract. Any compensations due will be at the discretion of the supplier/artist. Artists that hold membership of Agent Association will be automatically entitled to their full fee payable once contract has been agreed.

22. Full refunds will only be considered if complaints are received in writing within 12 hours of the event and the artiste/supplier is turned away at the Venue by the Venue/Client. Once the artiste/supplier has fulfilled stated hours detailed in confirmation then the full fee becomes payable and no refunds applicable.

 

They also say that my wife said the curtain "must" be in a certain location. This is not the case, when asked where she would like the curtain to be placed, she said behind the buffet table!

 

Had she been given the choice between this location with no lights or in a different location with lights - I think the choice would have been pretty obvious!

 

Your thoughts on who might win here would be appreciated.

 

Many Thanks.

[raydetinu]

Unfair terms and conditions and not worth the paper they are printed on, a judge will soon sort that out.

There can be no reasonable time limit on valid claims for non-service or non-provision of contacted items.

[SkintDan]

Thanks again raydetinu. They have until 7th July to respond - I'll let you know outcome.

[SkintDan]

Judge ruled in our favour - thanks again raydetinu!!

[locutus]

Excellent, full refund and court costs awarded?

[SkintDan]

yep £276 refunded