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Legal advise - item damaged during alteration

stilmacher

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The story is this: I took an Hermes crocodile belt to a local artisan to have two bracelets made out of it. I explained how I would like the thing to look like, he doesn't take notes and when I come to collect the thing 3 month later he has messed it up. Not only has he done the thing very differently to what I asked him to do, but the actual work on it is simply appalling.

The result is unacceptable and of no use to me and of course there is no value left in an item that originally cost some 3000 USD. What do you think? What are my chances not to pay him foor the "alteration" and hopefully get some money back for the belt, too?

Thanks for any help.
 

mack11211

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Is any part of your agreement in writing?
 

Wicky

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Whereas in the US you would probably still have a shot upon filing a claim, in Europe, generally speaking, I would not give you a whole lot of chance. You have noted 3 months ago he did not take notes but at that time, you should have said something. You may still want to scar the crab out of him though as the guy may wish to avoid reputational (if any) damage. Did anyone that can testify on your behalf accompany you?
 

scarphe

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if you lack a written document that specifies the terms exactly and have a picture made of waht you wanted, you proabaly cannot get any money back o the belt but proabaly you do not have to pay him for services rendered.

I personally would pay the pay the guy though, becuase if i i hired someone to do a job without knowing the quality of the work they do it would be my own fault.
 

stilmacher

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Of course (as usual in this sort of case) there is nothing in writing. But believe me, apart from teh fact thhat he has done it wrong he really did do terrible work on it. The stitching is really rough, the hardware is stuck on askew, the ends look like they were cut of with a paper knife - I am not being picky here, it is TERRIBLE.

I just can'T imagine that I have no chance for compensation. What if you took a suit to a tailor to be taken in a little and he would alter it so you can't close it and with stitching an cutting all over the place? Surely you as customer would be in the right here?!
 

whnay.

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Why would you take a $3k belt to a local "artisan" to make braclets? Does it not fit you anymore? If so, why not just put in on ebay?
 

Wicky

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Just thought of something. It is quite normal that someone with a "free profession" like a tailor has insurance for any liabilities. Did you try talking to the guy (or too busy putting your hands around his neck and squizing hard?).
 

edmorel

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Originally Posted by whnay.
Why would you take a $3k belt to a local "artisan" to make braclets? Does it not fit you anymore? If so, why not just put in on ebay?

I'm assuming the belt was shot, one way or another as there are cheaper methods of getting crocodile bands for a watch. If the belt was "non functional", than that would lead to a discussion of what really was it's worth, surely not 3K. All that being said, it sounds like the OP had never seen the "artisan's" (I hate that word) work and if that is the case, he is at least partially to blame. If the bracelet maker just futzed up the belt and it looks nothing like any of his other work, than that may be another issue.
 

Brigden

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The man who can afford to have a three thousand Dollar belt altered surely pays his lawyer a handsome retainer. I suggest you seek his advice.
 

stilmacher

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The belt was a crocodile Collier du Chien type. It would fit a 72 waist(!), hence it might have been difficult to sell on eBay and my girlfriend loves the Collier du Chien bracelets. After assessing the possibilities I thought it would be a smart idea to have it turned into two bracelets, once Collier du Chien and one plain crocodile.

I took it to several places to ask if it could be done and this guy said he could do it. His shop is specialised in making bespoke leather goods and that made me believe he would have some sense of workmanship and detail. I told him what I wanted and that I expected hand-work since the belt was originally made by hand.

I really wish I could show you pictures to show that I am not being unreasonably picky here. The remains of the belt are still with the guy because I didn't want to accept them. Will post some when I have the sad bits here at home.
 

teddieriley

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I think you're just looking for support and validation that you're not crazy not wanting to pay the guy and get your money for the value of the belt. I don't see how most of us can comment on any legal remedy you might have since we don't practice law in Europe or even know what jurisdiction you're in.

Just as a common sense approach, does the guy acknowledge at all that heF*d up the project? If so, that would be enough not to pay him at least part of the price. One could argue he did do some work, so he's entitled to some money. As for the value of the belt, forget it. You have nothing in writing, and it's your word against his. No chance, unless the "artisan" is willing to compensate you, which I highly doubt.
 

lawyerdad

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Originally Posted by Wicky
Just thought of something. It is quite normal that someone with a "free profession" like a tailor has insurance for any liabilities. Did you try talking to the guy (or too busy putting your hands around his neck and squizing hard?).

Many small businesses do not have insurance. Of those that do, the most common would be what is known as a Comprehensive General Liability ("CGL") policy. I'm not really an insurance expert, but to my understanding these policies generally cover things like a slip-and-fall injury that occurs on the premises and would explicitly exclude coverage for "business losses" of this sort. I could be wrong, but I think it's highly unlikely that a tailor, cobbler, leather craftsman, etc. would have what amounts to malpractice insurance.

The limited knowledge I'm drawing on relates only to the U.S. I have no idea what the norms would be in Europe.
 

Holdfast

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I have no legal advice, but a lot of sympathy for the OP. I'd be fuming. It would probably be at least partially my own fault... but I'd still be fuming!
 

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