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Is my mate in S***

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  • Is my mate in S***

    Hi, my mate is new to webdesign etc and wanted to get in buy doing some management.

    He found someone that need a site. And he found someone who could make one. So he was the middle man, basically, he sold the site to the customer and made a small cut.

    Unfortunatly, the site was like a template thing, and the customer was not happy. The customer is asking my mate for a refund, however my mate says that he told the customer that he didnt make it and was only managaging it for him.

    Where does my mate stand? Can he be sued, is there any British laws? Basically, how i see it, the worst scenario is he has just been ripped off as much as the customer had. The guy that made the site ripped my mate off who in turn ripped the customer off but was not aware of it till several weeks after the event, when the customer found the same site on sale on a template kind of site.

    Where does my mate stand? What can he do and what can the customer do to him?

    Anjam

  • #2
    He managed the sale, and is responsible for the quality and end product.
    He offered a service, and used a freelancer to finalise the product he was selling.
    The webmaster actually delivered what he should, being template based. Where did he rip you guys off? If there was a contract to make static pages and not dynamic template build pages, then I see no problem. The client might have been a bit more clear on things. Being in the middle the sale, doesn't mean you are clear of stuff. If he made the sale, he should have those little letters that mention 'no refunds', but if he hasn't and the client isn't satisfied, then your friend should return the money. Risk of his business.

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    • #3
      I really think it all depends on if there was a contract signed and what the contract stated. If there weren't any specifiecs in the contract, then legally he may be ok, its the reputation of the business he should be concerned about. If it were my business,. I would do the right thing and either redo the site at no charge or give him part, if not all of the money back

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      • #4
        There was no contract involved!

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        • #5
          Originally posted by xiphoid
          He managed the sale, and is responsible for the quality and end product.
          He offered a service, and used a freelancer to finalise the product he was selling.
          The webmaster actually delivered what he should, being template based. Where did he rip you guys off? If there was a contract to make static pages and not dynamic template build pages, then I see no problem. The client might have been a bit more clear on things. Being in the middle the sale, doesn't mean you are clear of stuff. If he made the sale, he should have those little letters that mention 'no refunds', but if he hasn't and the client isn't satisfied, then your friend should return the money. Risk of his business.
          He ripped them off by saying, he would make it totally unique as in custom gfx when in fact he just bought a template, and changed the logo etc.

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          • #6
            Originally posted by anjam
            He ripped them off by saying, he would make it totally unique as in custom gfx when in fact he just bought a template, and changed the logo etc.
            The basic principle here is that the guy who needed the site contracted with your friend. Not the other guy who sold your friend the template. So your friend is ultimately responsible and needs to take care of the problem.

            In the absence of a contract, the basic principle of US law (derived, you know, from UK law) is that there's a meeting of the minds, and that one side promises the other one thing in exchange for something that the other side promises, yadda yadda, and that both are entitled to get what they agreed to get, at the price agreed upon, within the specified amount of time. Sounds like your friend understood what the other guy wanted, and he wasn't able to deliver.

            So, yeah. Your friend should still be obligated to the guy who paid him, until he meets the terms (the custom graphics, etc) or they negate the deal and he gets his money back. This might be an expensive lesson.
            iComix :: web comics

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            • #7
              Originally posted by anjam
              He ripped them off by saying, he would make it totally unique as in custom gfx when in fact he just bought a template, and changed the logo etc.
              Well in that case, the end customer has a legitimate legal gripe against your mate, and your mate may or may not have a legitimate gripe against the designer. If the designer did misrepresent the design as being unique and original, then yes. Otherwise no.

              In either case, it looks like the customer's gripe is with your friend, since there was never a contract stating any/all complaints should be redirected to the designer.

              I may be wrong however, so consult a lawyer if needed.
              Well, there it is.
              - Keeper of the Grove

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              • #8
                Originally posted by anjam
                There was no contract involved!
                If there's no contract involved, then no-one has a leg to stand on, surely?

                Don't take my word for it I'm no legal bod.

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                • #9
                  So where does he stand. What can he do to the person who ripped him off? He only has his email address and postal address.

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                  • #10
                    Originally posted by anjam
                    So where does he stand. What can he do to the person who ripped him off? He only has his email address and postal address.
                    Looks like it's gonna be one expensive lesson.
                    Well, there it is.
                    - Keeper of the Grove

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