Legal Question in Consumer Law in California

Small Claims Question

I am a custom clothing designer for children. I had a custom contact me and pick out 7 different style outfits she wanted me to copy. She also choose the fabrics from online stores, in which I ordered especially for her. I made the sets and mailed them out to her. She received them and decided they were not professional enough. She didn't like the fact that I used black thread for the seam, which is not noticable since it is underneath the hem. She wants to return all the pieces and wants a full refund. My store policy states that all custom pieces are final sales. Plus her sets were custom made to her daughters measurements. I paid over $148 for all the materials and she paid $212.50 total for everything, meaning, I only charged $64.50 for labor. Now she is threatening to take me to small claims court. What do I do? I have offered to correct anything she is unhappy with, but she wants her money back.


Asked on 4/03/08, 11:49 am

1 Answer from Attorneys

Lowell Houghton Law Offices of Hagop Chopurian

Re: Small Claims Question

It sounds like you have complied with the contract. Being that they are custom goods you cannot profit by taking them back. As long as she did not specify thread color before the clothes were made, she probably does not have a leg to stand on as long as the clothes are of merchanable quality. I think that you would win in small claims court. You might need to post this under contract law for more responses.

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Answered on 4/03/08, 12:20 pm


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