Design Service Problems

Exodus 1811

Hello all,

I work for a medium sized company who recently decided to get its products placed into a brochure. So I set upon contacting different designers to get prices etc for designing up a brochure for all of our products.

I contacted an individual, who is partner or subsidary of a major printing company here in Ireland. We met and discussed what sort of way we wanted it to look etc and a price was agreed.

The final design was made and was sent to print. We had discussed with the designer about getting the original files as well, so if we wanted to change anything down the line we could do so ourselves. He agreed, and then payment was made by us in full. He said he would send the CD with original files after payment.

A month passed, and still we have not recieved any CD from him with the files that we paid for. I have emailed and rang him almost relentlessly trying to get these files as we plan on getting more brochures made, but still no luck. He has assured me he has sent "multiple" copies to us already, but this is simply not the case as we verified the address etc and still nothin

As regards paying for design, does the consumer have the rights to the original files ? Throughout contact with the designer, he assured me that the files would be made available to us no problem and I never dreamed I would have this much trouble getting the files from him.

Where should I go from here?

Cheers folks

jor el

Exodus 1811 wrote: »

As regards paying for design, does the consumer have the rights to the original files ?

You are not a consumer, and have no right to consumer protection. What matters is what's in the contract between your business and their business, as this is the only protection you have. If there is no contract, or it was only verbal, then you haven't a lot to go on, but should persist in trying to get them to honour it.

If all else fails, you can either get your company solicitor on the case, or you can use the small claims court (as this is allowed in certain business to business transactions now) to get your money back.

antoinolachtnai

As a matter of practicality, you should arrange a time to go to his premises and meet him to pick the CD up, and to check that the files are actually on the CD.

At this stage, nobody is disputing your right to a CD, there is just a dispute about whether it was sent to you or not. In fact, there is not even a dispute as such, there is just rancor because one party claims he sent it and the other party claims not to have received it.

dudara

This is not a Consumer Issue, as you are representing a business.

Moved to Business & Entreprenurial Management

dudara

The Apprentice

Just dont be floppin about and go to his workplace.. Ask for the cds, designs that you have already prepaid for/purchased !

I will wait in reception because i know how busy you are, so you can go prepare my documents..
Seen it all before .. best of luck buddy !!