Jane H. Sams

March 13,2014Dear **. and [redacted]:Please be advised that this firm represents. [redacted] and Jane H. Sams. Accordingly, please direct all future communications regarding the above captioned matter to my attention. My clients are in receipt of your letter dated...

February 22, 2014, however, said letter was not sent via certified mail return receipt requested as indicated, and was only received via regular mail on February 27,2014, and via facsimile transmission on February 28, 2014, The allegations set forth in your letter are denied in full and my client has no intention of replacing the side panels and roman shades, fabric and trim from [redacted] or meeting any other demand you have made. At this time, [redacted] has fully performed its obligations under the Sales Agreement and therefore written demand is hereby made that you pay [redacted] the full price of the Sales Agreement in the amount of $3,700.00 within ten days of the date of this letter. Failure to do so will result in my clients being advised as to all their legal rights and options to pursue their claims against you.Pursuant to the terms and conditions of the Sales Agreement attached hereto as Exhibit A, until the total amount is paid in full the title to and ownership of the merchandise purchased under the Sales Agreement shall be and remains the property of [redacted]. As you have received a reimbursement of the monies you originally paid, without authorization from my client, you do not have title to or ownership of any of the merchandise purchased and therefore there is no valid claim against my client.
Additionally, even assuming that you had a legal basis for making a warranty claim, your claim is not timely as the original delivery and installation date was on January 17, 2014, while your warranty claim was received more than 30 days later. Further, at the time of the delivery and installation on January 17, 2014, you verbally approved the installation of the final product and even commented that "These are perfect. Beautiful. Just what I ordered." Therefore, your subsequent complaint regarding the side panels lacks credibility. Also, the product delivered confirmed to your order and there is no industry standard that the side panels be 1/2 inch from the floor.My client has also taken extraordinary measures to ensure your satisfaction, including paying an additional $ 1,200.00 out of pocket to ensure that a quality product was delivered in a timely manner. My client has also spent numerous hours working with you without invoicing you for her normal hourly rate of $125.00.As you are aware, my client cannot control weather delays, but the final product was delivered earlier than industry standards. However, you have refused shipment and installation of the final product. Your request that my client replace products, which you have not even seen because you refused shipment of them, is without any legal or factual basis.At this point in time you are demanding that my client re-purchase and re-install side; panels, which you have previously approved and replace Roman Shades which you have refused shipment and installation of. This is despite the fact that you have not paid any money for the products received, the installation completed, or the products you have never seen because you refused delivery. While [redacted] strives to achieve the best customer service possible, your demands are not reasonable and lack any merit whatsoever. Additionally, you have verbally assaulted and insulted my client and wrongfully impersonated her when speaking with vendors.Again, written demand is hereby made that you pay [redacted] the full price of the Sales Agreement in the amount of S3.700.00 within ten days of the date of this letter. Upon [redacted] receipt of the $3,700.00 they will re-ship to you Roman Shades which you have previously refused delivery of. I urge you to give this matter your full and immediate attention.Sincerely,

Review: On December 14, 2013, my wife [redacted] signed a contract (Invoice [redacted]) with [redacted], Jane Sams, Interior Decorator/Owner for draperies to include: 2 side panels, 1/2 inch from the floor (industry standard), 8 Roman Shades, Hardware, and Installation. The completion time given by Mrs. Sams was one week, to be installed prior to December 25, 2013. Due to several delays in production, on January 17, 2014, we received 2 side panels which are 10 inches from the floor, not 1/2 inch from the floor we requested. We have not received the 8 Roman Shades because when they arrived for installation on January 17, 2014, they were incorrect as they did not include trim we purchased for our order. Mrs. Sams sent a text on January 17, 2014, that she sent the Roman Shades back to the manufacturer [redacted] in [redacted], IL. She stated that she would contact us on February 3, 2014 for installation. After Mrs. Sams failed to contact us as promised regarding the Roman Shades we disputed the $3700 [redacted] credit card charge on February 12, 2014. My wife has had several phone calls with Mrs. Sams in an attempt to help us receive the purchased product however Mrs. Sams refuses to refund our money and would not agree to rectify the situation. On two separate occasions she hung up on my wife [redacted]. She agreed to allow us to keep our refund of $3700 given by [redacted] however she is not willing to remake the side panels. She told my wife to "Sell them on [redacted]." After several conversations with [redacted] and [redacted] at [redacted] National Headquarters in [redacted], MD my wife was told that "[redacted] will stand by the decision of the franchise owner" and she was asked not to call back on more than one occasion. We have sent official notification to Jane Sams and [redacted] National Headquarters regarding Mrs. Sams failure to fulfill the terms of our contract and not honoring their Limited Warranty per the contract. My wife has copies of text messages/emails and receipts.Desired Settlement: We are requesting that the Franchise owner Jane Sams reimburse us for the purchase of identical fabric/trim from [redacted] in [redacted], VA (our original purchase) and allow us to have draperies remade through a vendor of our choice. Side panels cannot be remade without remaking the Roman Shades due to the inability to match dye lots. We also request reimbursement for a $300 charge for shipping to [redacted] on December 16, 2013 and $625 paid to Jane Sams for her services. Thank you.

Business

Response:

March 13,2014Dear **. and [redacted]. [redacted]:Please be advised that this firm represents. [redacted] and Jane H. Sams. Accordingly, please direct all future communications regarding the above captioned matter to my attention. My clients are in receipt of your letter dated February 22, 2014, however, said letter was not sent via certified mail return receipt requested as indicated, and was only received via regular mail on February 27,2014, and via facsimile transmission on February 28, 2014, The allegations set forth in your letter are denied in full and my client has no intention of replacing the side panels and roman shades, fabric and trim from [redacted] or meeting any other demand you have made. At this time, [redacted] has fully performed its obligations under the Sales Agreement and therefore written demand is hereby made that you pay [redacted] the full price of the Sales Agreement in the amount of $3,700.00 within ten days of the date of this letter. Failure to do so will result in my clients being advised as to all their legal rights and options to pursue their claims against you.Pursuant to the terms and conditions of the Sales Agreement attached hereto as Exhibit A, until the total amount is paid in full the title to and ownership of the merchandise purchased under the Sales Agreement shall be and remains the property of [redacted]. As you have received a reimbursement of the monies you originally paid, without authorization from my client, you do not have title to or ownership of any of the merchandise purchased and therefore there is no valid claim against my client.Additionally, even assuming that you had a legal basis for making a warranty claim, your claim is not timely as the original delivery and installation date was on January 17, 2014, while your warranty claim was received more than 30 days later. Further, at the time of the delivery and installation on January 17, 2014, you verbally approved the installation of the final product and even commented that "These are perfect. Beautiful. Just what I ordered." Therefore, your subsequent complaint regarding the side panels lacks credibility. Also, the product delivered confirmed to your order and there is no industry standard that the side panels be 1/2 inch from the floor.My client has also taken extraordinary measures to ensure your satisfaction, including paying an additional $ 1,200.00 out of pocket to ensure that a quality product was delivered in a timely manner. My client has also spent numerous hours working with you without invoicing you for her normal hourly rate of $125.00.As you are aware, my client cannot control weather delays, but the final product was delivered earlier than industry standards. However, you have refused shipment and installation of the final product. Your request that my client replace products, which you have not even seen because you refused shipment of them, is without any legal or factual basis.At this point in time you are demanding that my client re-purchase and re-install side; panels, which you have previously approved and replace Roman Shades which you have refused shipment and installation of. This is despite the fact that you have not paid any money for the products received, the installation completed, or the products you have never seen because you refused delivery. While [redacted] strives to achieve the best customer service possible, your demands are not reasonable and lack any merit whatsoever. Additionally, you have verbally assaulted and insulted my client and wrongfully impersonated her when speaking with vendors.Again, written demand is hereby made that you pay [redacted] the full price of the Sales Agreement in the amount of S3.700.00 within ten days of the date of this letter. Upon [redacted] receipt of the $3,700.00 they will re-ship to you Roman Shades which you have previously refused delivery of. I urge you to give this matter your full and immediate attention.Sincerely,