Legal Assistance in Legal Disputes

Questioner

A customer of ours ordered a product from us in October 2014. We delivered this product after payment... On Saturday 15 August 2015, a customer calls to say that he only just had time to install our product and has discovered that it does not work. Very annoying and it was agreed that we would send a replacement product as soon as possible. We delivered this, but the customer was immediately dissatisfied, because we delivered too late (4 days after his order). Then the customer says that the product does not work again. We send the customer a third product, because the customer is king, right? All this happened via email, because the customer called once, said his piece and then disconnected. Every time we called back, the customer said his piece and hung up again. So communicating via email seemed better to us. So all email correspondence is present... Our products contain, among other things, a solar panel and are therefore not cheap. Upon receipt of the third product, the customer emails that there is only an on/off switch in the package and no solar panel but a piece of hardboard (?), while we are certain that the correct product was sent by us. All shipments were sent by registered mail via PostNL, so please start an investigation here. We suspect fraud, but of course we can never prove it. We have asked the customer for photos of the shipment, but he refuses to send them. He wants a refund of the costs incurred (which costs?) and as long as we do not refund the amount he wishes to receive (he does not specify the amount), he will not return the two previous shipments he received. We have indicated that we will file a report. In the meantime, I called the police. According to them, this is a civil matter and no charges can be filed. They advise calling the legal aid office. We did this, but the legal aid office does not advise entrepreneurs. Not even entrepreneurs who can barely keep their heads above water... What can we do?

Lawyer

So if I understand correctly, the purchase price has not yet been paid and you have sent a new product each time without receiving the previous products back? What is the damage repair chain for you?

Questioner

The purchase price has been paid before receipt of the first product. In the meantime, 3 products of 250 euros have been delivered... In the meantime, we have received a message via email that we can deposit 350 euros and then get all our delivered products (minus the products used by the customer in the meantime) back. 'You immediately transfer the amount to my account, see previous email. If you fail to do so, I will start the entire procedure on Tuesday to stop these abuses and fraud,' said the customer... We do not appreciate these threats and cries of 'disorder' and 'fraud', so what can we do?

Lawyer

So if I understand correctly you sent 3 products and the customer paid 250 euros. So the damage is 500 euros. In principle, if the customer buys a product that does not function, he is entitled to repair or replacement. In the case of replacement, this means that he must return the defective product and send you a new product. The problem here is that you have sent products each time, without first receiving the old products back. I would then write to the customer that he is returning all products, after which you will deliver a new product again. You can also give the customer the option to dissolve the agreement, so that he returns the products and you refund the purchase price. regarding the delivery of the product that the customer claims was not in it, it might be a good idea to check the shipping receipt. I believe it shows the weight of the package. The damage that the customer believes he has suffered must first be substantiated. Although I understand that you do not trust the customer, the amount is too small to justify a procedure via a lawyer or attorney. I therefore advise, as mentioned above, to give the customer the choice between: 1. return items and new product or 2: return items and money back. Finally, a point of advice: Does your company use general terms and conditions? If not, it might be a good idea to have them drawn up, because you can include all sorts of provisions in them to prevent situations like this. Unfortunately no ready-made solution, but I hope I have been able to give you some direction. For further information you can always contact me.

Questioner

Unfortunately, based on good faith and the motto 'customer is king', a new product was sent as soon as possible every time... A good lesson for next time! Thank you very much for your pleasant way of advice! Hence 5 stars as far as we are concerned!

Lawyer

Thank you and you're welcome!