I received a phone call from a woman back in March of this year asking about wedding cake for Sept. 10, 2011. She emailed me a picture of the cake she wanted, guest count and questions about deposit info, that same day. I emailed an estimate to her and answered her questions.
No response.... I figure she went elsewhere since during the phone conversation she stated several times that they were having a long engagement since they had no money to their names.
Then in the middle of July I get a phone call from a woman that wants to order a wedding cake for Sept. 10, 2011 and that the $50 deposit is in the mail and thanks for everything. I am like "Who are you and what are you talking about?" because by this point I don't remember our conversation 4 months ago.
I look through the emails find her info, get the rest of the info I need to complete the contract and mail it to her the next day. I was rather annoyed that she didn't call/email to see if I still had the date available and that she sent in a deposit before signing or even seeing the contract. I had updated my contract after I talked with this woman the first time and instead of a $50 deposit I now required 30% of the total cake or $100 deposit. I let that slide, changed the deposit to $50 and waited to get it back.
About 2 days after sending the contract I get the check for $50. I email the woman 2 1/2 weeks after sending the contract reminding her that her order is not put on the schedule until I get the contract back. Another 2 weeks later I get an email from her stating the wedding has been cancelled, thanks for your time.
The $50 deposit is non refundable (and she knew that from the begining) and she didn't ask for it back. I think I should refund it since she never signed the contract but my husband says that because she knew it was non refundable was an idiot about sending it before getting the contract and knowing the terms and conditions I should keep it.
What would you do?
Keep the deposit. You told her it was non-refundable. The woman can't be bothered to read and follow directions. You can be compensated for the time you spent dealing with her. BTW, I think you dodged a bullet in having to make her cake.
I hate when he is right
You were right to say your deposit was non-refundable...your husband was merely agreeing with you! So in essence you were the one that was right all along!
If she didn't fully read her contract and 'didn't see' the non-refundable part, it's not your fault. Also, signed or not, her sending you the money constitutes an agreement on her part, especially if you've cashed the cheque. If you haven't cashed the cheque, that would also be your 'out' since you have not agreed make the cake by taking a deposit.
But since she's the one who cancelled the agreement, she's out the $$. Keep it and have a nice evening out with hubby!