Have signed a devis back in march and due to unforeseen circumstances, i am having to cancel the job. When i signed the devis and read the terms and conditions, there was nothing about a cancellation fee. I have now received yesterday an invoice with a cancellation fee on it, and a new terms and conditions via e mail, to which they have added a paragraph regarding cancelling a job and the charges. As i signed with the original t&cs, do I have to pay as I signed back in March and the new terms and conditions are dated the 1 May.
Please help
Provided you have a copy of the terms and conditions as of March and you can prove there was no mention of a cancellation fee I don’t think they have a leg to stand on. As Patrick says, changes in terms and conditions are not retroactive so far as I know. Send them a registered letter(recommandé avec accusé de réception) contesting the charge and including a copy of the T&Cs you signed. If they insist, as a first step try contacting your local association of the UFC-QueChoisir consumer organisation. You can find your nearest association here: http://www.quechoisir.org/un-litige. If the link doesn’t work, go to the home page, then “nous contacter” and option 25 which will link you to a search box. You’ll have to join the organisation to get their legal help but they should be able to give you some unpaid advice as well.
I think if on the devis it wasn’t mentioned any fee for cancellation by their terms and conditions, the new rules don’t be applied for you as they added it after even if they sent the new terms and conditions by e-mail or by land mail. When you have accepted their devis and they haven’t indicated any fees for cancellation, they can’t claim these fees now! The retroactive’s rules aren’t legal in France. However, as I’ve not read your devis and terms and conditions, I can only suppose the facts.
All the best,
Patrick