PG
Preshni G
1 reviews | Active since Jul 2021
28 Jul 2021, 11:54
NON PAYMENT OF DEPOSIT
I have cancelled my décor with this supplier due to the pandemic. They initially informed me that the deposit is non-refundable according to a written contract. They unilaterally concluded a contract. I have NEVER seen the contract nor I have signed the written contract. No written contract was ever emailed to me until today when I requested for the terms. By law vis major should apply and I should be entitled to my deposit especially since there no written agreement or contract on cancellation. They then emailed me they would take 50% of my deposit and changed their minds again and reduced it. Had I been aware of the terms I would never have given any deposit. They then informed me that they will pay R 2000 when they can afford it. I paid immediately and I AM EXTREMELY DISAPPOINTED IN THE SERVICES AND FEEDBACK.
Helpful (0)
Replies (3)0
Replies (3)
A S K Decor And Caterers's replyOfficial
28 Jul 2021, 16:18Good day
We respond with regards to the above
Firstly, the cancellation was not due to the pandemic as you booked me during the pandemic period and your function was held during the pandemic period with limited guests. Functions are still allowed and your event falls within the current lock down level where functions are permitted. Furthermore, you canceled our services 1 week before the function, which was scheduled to take place in the long weekend, we lost out a job for that day.
you paid us a R3000 deposit, and a R2000 refund was offered which I think it was fair as functions are still allowed
it will be practically impossible for us to find another event in 1 week
if no functions was allowed then a full refund would of been given, I don't think it is fair for clients to cancel 1 week before there function and claim a full refund back without thinking of our loss as well as we turned down other clients as well
The consumer protection act allows for suppliers to charge a cancellation fee
Kind regards
A S K DECOR
We respond with regards to the above
Firstly, the cancellation was not due to the pandemic as you booked me during the pandemic period and your function was held during the pandemic period with limited guests. Functions are still allowed and your event falls within the current lock down level where functions are permitted. Furthermore, you canceled our services 1 week before the function, which was scheduled to take place in the long weekend, we lost out a job for that day.
you paid us a R3000 deposit, and a R2000 refund was offered which I think it was fair as functions are still allowed
it will be practically impossible for us to find another event in 1 week
if no functions was allowed then a full refund would of been given, I don't think it is fair for clients to cancel 1 week before there function and claim a full refund back without thinking of our loss as well as we turned down other clients as well
The consumer protection act allows for suppliers to charge a cancellation fee
Kind regards
A S K DECOR
A S K Decor And Caterers's reply28 Jul 2021, 16:18
Official
Good day
We respond with regards to the above
Firstly, the cancellation was not due to the pandemic as you booked me during the pandemic period and your function was held during the pandemic period with limited guests. Functions are still allowed and your event falls within the current lock down level where functions are permitted. Furthermore, you canceled our services 1 week before the function, which was scheduled to take place in the long weekend, we lost out a job for that day.
you paid us a R3000 deposit, and a R2000 refund was offered which I think it was fair as functions are still allowed
it will be practically impossible for us to find another event in 1 week
if no functions was allowed then a full refund would of been given, I don't think it is fair for clients to cancel 1 week before there function and claim a full refund back without thinking of our loss as well as we turned down other clients as well
The consumer protection act allows for suppliers to charge a cancellation fee
Kind regards
A S K DECOR
We respond with regards to the above
Firstly, the cancellation was not due to the pandemic as you booked me during the pandemic period and your function was held during the pandemic period with limited guests. Functions are still allowed and your event falls within the current lock down level where functions are permitted. Furthermore, you canceled our services 1 week before the function, which was scheduled to take place in the long weekend, we lost out a job for that day.
you paid us a R3000 deposit, and a R2000 refund was offered which I think it was fair as functions are still allowed
it will be practically impossible for us to find another event in 1 week
if no functions was allowed then a full refund would of been given, I don't think it is fair for clients to cancel 1 week before there function and claim a full refund back without thinking of our loss as well as we turned down other clients as well
The consumer protection act allows for suppliers to charge a cancellation fee
Kind regards
A S K DECOR
PG
Preshni G's updateReviewer Update
28 Jul 2021, 16:21Dear Nishi
You have no contract or cancellation clause. You offered me R 2000 WITH NO DATE. WHO WANTS TO WORK WITH A VENDOR WHO CANNOT AFFORD TO REFUND SOMEONE. I WILL CONTINUE TO BE HONEST. YOUR ATTORNEY WANTS TO SUE ME .....PLEASE PROCEED. THIS IS FOR POTENTIAL CUSTOMERS TO SEE
You have no contract or cancellation clause. You offered me R 2000 WITH NO DATE. WHO WANTS TO WORK WITH A VENDOR WHO CANNOT AFFORD TO REFUND SOMEONE. I WILL CONTINUE TO BE HONEST. YOUR ATTORNEY WANTS TO SUE ME .....PLEASE PROCEED. THIS IS FOR POTENTIAL CUSTOMERS TO SEE
PG
Preshni G's update28 Jul 2021, 16:21
Reviewer Update
Dear Nishi
You have no contract or cancellation clause. You offered me R 2000 WITH NO DATE. WHO WANTS TO WORK WITH A VENDOR WHO CANNOT AFFORD TO REFUND SOMEONE. I WILL CONTINUE TO BE HONEST. YOUR ATTORNEY WANTS TO SUE ME .....PLEASE PROCEED. THIS IS FOR POTENTIAL CUSTOMERS TO SEE
You have no contract or cancellation clause. You offered me R 2000 WITH NO DATE. WHO WANTS TO WORK WITH A VENDOR WHO CANNOT AFFORD TO REFUND SOMEONE. I WILL CONTINUE TO BE HONEST. YOUR ATTORNEY WANTS TO SUE ME .....PLEASE PROCEED. THIS IS FOR POTENTIAL CUSTOMERS TO SEE
PG
Our client is entitled to retain the deposit which you paid, towards her damages arising out of your cancellation of the contract on such short notice, however reserving her right to recover from you her actual damages arising out of such cancellation which would certainly exceed the said amount of R3 000.00.
We respectfully submit that the said penalty provision cannot be said to be unreasonable, having regard to, inter alia, the nature of our client’s services which were reserved, the unreasonably short notice of cancellation, and the reasonable potential for our client, acting diligently, to find an alternative consumer in those 15 days.It must also be understood that the weekend of the 7 August 2021 is a long weekend, and our client had to decline many enquiries for the “women’s day weekend”.Our client cannot allow customers to cancel events as they please, without appropriate penalties, and without recovering some, or all, of its damages.In the circumstances, our client would not be refunding any portion of your deposit to you.
We must also advise that our client’s right to bring an action against you arising in damages as a result of you making any derogatory statements of our client are hereby reserved, so too are our client’s rights to recover its full damages from you arising out of your cancellation of the contract between the parties."
You are suppose to inform clients up front about a cancellation fee, why the secrecy about the cancellation fee. if you were upfront this would not be an issue. You also stated, you have a non - refund policy policy today and then minutes later said you would pay R 1500 and thereafter R 2000.00. This is a cancellation fee - what you feel like paying?
I HOPE PEOPLE READ THIS BEFORE USING PEOPLE WHO CHANGE THE CONTRACT AND CANCELLATION FEE POLICY WHEN THERE IS NO SIGNED CONTRACT.
You cannot also inform someone that you will pay when you can. So you want people to wait for you to make money and then you will pay them when you income is generated.
You stated in the refund form
"NB*** Due to Covid19 and high demand all refunds will be done in stages once we generate an income when events start. Please note an admin/cancelation fee will be deducted for all refunds."
Preshni G's updateReviewer Update
28 Jul 2021, 16:35I will await your summons from your attorneys and ensure I advertise what has occurred to me and your attorneys letter if necessary.
How have you assisted me?
Please also elaborate on how I defamed your character or that of your business. The truth is the truth and does not constitute defamation.
You attorneys states in a letter :
"...We are instructed that you then sought to cancel the contract on the 22 July 2021, without any notice to our client.
How have you assisted me?
Please also elaborate on how I defamed your character or that of your business. The truth is the truth and does not constitute defamation.
You attorneys states in a letter :
"...We are instructed that you then sought to cancel the contract on the 22 July 2021, without any notice to our client.
We advise that our client then offered to return a portion of the aforesaid deposit to you purely as a gesture of goodwill, which offer you rejected, and instead demanded the return of the full deposit. You also threatened to publish adverse reports of, and concerning, our client, in the media with the intention of causing animus iniuriandi.
We note that you make an issue of not having a written contract with our client, which incorporates a cancellation clause. That issue, we are instructed, is of little consequence since the law in the matter is clear.
Our client is entitled to retain the deposit which you paid, towards her damages arising out of your cancellation of the contract on such short notice, however reserving her right to recover from you her actual damages arising out of such cancellation which would certainly exceed the said amount of R3 000.00.
We respectfully submit that the said penalty provision cannot be said to be unreasonable, having regard to, inter alia, the nature of our client’s services which were reserved, the unreasonably short notice of cancellation, and the reasonable potential for our client, acting diligently, to find an alternative consumer in those 15 days.It must also be understood that the weekend of the 7 August 2021 is a long weekend, and our client had to decline many enquiries for the “women’s day weekend”.Our client cannot allow customers to cancel events as they please, without appropriate penalties, and without recovering some, or all, of its damages.In the circumstances, our client would not be refunding any portion of your deposit to you.
We must also advise that our client’s right to bring an action against you arising in damages as a result of you making any derogatory statements of our client are hereby reserved, so too are our client’s rights to recover its full damages from you arising out of your cancellation of the contract between the parties."
You are suppose to inform clients up front about a cancellation fee, why the secrecy about the cancellation fee. if you were upfront this would not be an issue. You also stated, you have a non - refund policy policy today and then minutes later said you would pay R 1500 and thereafter R 2000.00. This is a cancellation fee - what you feel like paying?
I HOPE PEOPLE READ THIS BEFORE USING PEOPLE WHO CHANGE THE CONTRACT AND CANCELLATION FEE POLICY WHEN THERE IS NO SIGNED CONTRACT.
You cannot also inform someone that you will pay when you can. So you want people to wait for you to make money and then you will pay them when you income is generated.
You stated in the refund form
"NB*** Due to Covid19 and high demand all refunds will be done in stages once we generate an income when events start. Please note an admin/cancelation fee will be deducted for all refunds."
PG
Preshni G's update28 Jul 2021, 16:35
Reviewer Update
I will await your summons from your attorneys and ensure I advertise what has occurred to me and your attorneys letter if necessary.
How have you assisted me?
Please also elaborate on how I defamed your character or that of your business. The truth is the truth and does not constitute defamation.
You attorneys states in a letter :
"...We are instructed that you then sought to cancel the contract on the 22 July 2021, without any notice to our client.
How have you assisted me?
Please also elaborate on how I defamed your character or that of your business. The truth is the truth and does not constitute defamation.
You attorneys states in a letter :
"...We are instructed that you then sought to cancel the contract on the 22 July 2021, without any notice to our client.
We advise that our client then offered to return a portion of the aforesaid deposit to you purely as a gesture of goodwill, which offer you rejected, and instead demanded the return of the full deposit. You also threatened to publish adverse reports of, and concerning, our client, in the media with the intention of causing animus iniuriandi.
We note that you make an issue of not having a written contract with our client, which incorporates a cancellation clause. That issue, we are instructed, is of little consequence since the law in the matter is clear.
Our client is entitled to retain the deposit which you paid, towards her damages arising out of your cancellation of the contract on such short notice, however reserving her right to recover from you her actual damages arising out of such cancellation which would certainly exceed the said amount of R3 000.00.
We respectfully submit that the said penalty provision cannot be said to be unreasonable, having regard to, inter alia, the nature of our client’s services which were reserved, the unreasonably short notice of cancellation, and the reasonable potential for our client, acting diligently, to find an alternative consumer in those 15 days.It must also be understood that the weekend of the 7 August 2021 is a long weekend, and our client had to decline many enquiries for the “women’s day weekend”.Our client cannot allow customers to cancel events as they please, without appropriate penalties, and without recovering some, or all, of its damages.In the circumstances, our client would not be refunding any portion of your deposit to you.
We must also advise that our client’s right to bring an action against you arising in damages as a result of you making any derogatory statements of our client are hereby reserved, so too are our client’s rights to recover its full damages from you arising out of your cancellation of the contract between the parties."
You are suppose to inform clients up front about a cancellation fee, why the secrecy about the cancellation fee. if you were upfront this would not be an issue. You also stated, you have a non - refund policy policy today and then minutes later said you would pay R 1500 and thereafter R 2000.00. This is a cancellation fee - what you feel like paying?
I HOPE PEOPLE READ THIS BEFORE USING PEOPLE WHO CHANGE THE CONTRACT AND CANCELLATION FEE POLICY WHEN THERE IS NO SIGNED CONTRACT.
You cannot also inform someone that you will pay when you can. So you want people to wait for you to make money and then you will pay them when you income is generated.
You stated in the refund form
"NB*** Due to Covid19 and high demand all refunds will be done in stages once we generate an income when events start. Please note an admin/cancelation fee will be deducted for all refunds."