Hair Salon Got dye on my bag.... PLEASE HELP

arcon5

mazziem wrote: »

So as a theory then who is responsible as I am confused! X

IMO as you have two seperate contracts the salon is liable. The Groupon voucher is merely your method of payment.

maldonfairy

As a hairdresser myself I was disgusted to read that you have been treated this way it's things like this that give us hairdressers a bad name!

I have worked in a salon where a junior stylist has left hair tint on the back of a clients collar before, the owner after asking to see the reciept for the shirt paid it's full value out of good will. I think the best thing would be to take the £100 & look online as there are companies that you can send your expensive bags to for repair, cleaning etc however it will cost you.

Finally a semi permanent red will never lift up very dark hair unless the hair has already been prelightened. A permanent is needed.

Fuzzy_Duck

It might be worth looking for a handbag repair place- they'd have the best chance of restoring it, and you could then claim for the cost of repair?

As others have said you don't need a solicitor and it sounds like they are willing to try and reach a compromise- so it might be an idea to try that route and hand them the receipt for the repair.

mazziem

Hi

it is a swirl bag so wouldnt be able to be repaired due to the design of the bag. at the moment it is ridiculous on how many lies have been told time and time again.

i will be sending a LBA today.

xx

arcon5

How much exactly are you seeking from them?

Remember you would have a duty to mitigate your losses so if it went to court a judge may ask to see an estimate for repair or at the very least a professional opinion that the repair is not possible

Equaliser123

arcon5 wrote: »

It's only where personal injury has been caused that other parties can be held to account in law

That's not right. For tortious liability (including negligence) there does not have to be a contract in place.

marmitepotato

Good luck op, hope you get full recompense for your bag.

Charliezoo

Just wanted to wish you luck with it OP.

If the salon asked you to wear old clothing and not bring nice bags to your appointment in case they got damaged by careless stylists then I would say it was your responsibility but no salon would ever say this and you would expect a salon to take reasonable care of both you and your possessions.

Have you reported the incident to Groupon? It might be worth just letting them know that you've had a bad experience so they can decide whether to work with them again.

I hope you're fairly compensated by the salon, keep us updated!

In1tt0win1t

Hi Marianne,
There are a number of misconceptions and inaccuracies which need to be understood.
Firstly it is not a legal requirement for the stylist to have insurance. The salon owner is vicariously liable for the stylists (self employed or not) and she clearly will have insurance.
The claim could potentially be settled through her insurers although this is unlikely to be advantageous as the excess will probably be more than your claim is worth.
Your handbag may have cost £695 new however it is 2 years old and by your own admission is a little worn at the bottom. The insurance company or salon owner are not legally obliged to compensate you for the replacement of your 2 year old bag as if it was new. In much the same way that your car insurance will not replace an old fiesta with a new one should it be written off.
The value of your 2 year old worn bag is clearly subjective however you would not expect a worn bag to have a value of £100 as its original value was only £695. Going to a small claims court would be an option if the salon owner was being unreasonable and not making you a fair offer, however in this case it would seem the salon owner is being more than reasonable. The court would of course take the offer into account and could see you as being litigious and award you a much smaller amount in way of acknowledgement of this.
The court will not award you £695 for a new bag as this would be grossly unfair especially as the salon owner has been reasonable. The principles of law and justice are based on reasonable and fair.
My advice would be to accept the reasonable offer of £100 - £150 made by the salon owner as this would seem most reasonable and fair.

poet123

In1tt0win1t wrote: »

Hi Marianne,
There are a number of misconceptions and inaccuracies which need to be understood.
Firstly it is not a legal requirement for the stylist to have insurance. The salon owner is vicariously liable for the stylists (self employed or not) and she clearly will have insurance.
The claim could potentially be settled through her insurers although this is unlikely to be advantageous as the excess will probably be more than your claim is worth.
Your handbag may have cost £695 new however it is 2 years old and by your own admission is a little worn at the bottom. The insurance company or salon owner are not legally obliged to compensate you for the replacement of your 2 year old bag as if it was new. In much the same way that your car insurance will not replace an old fiesta with a new one should it be written off.
The value of your 2 year old worn bag is clearly subjective however you would not expect a worn bag to have a value of £100 as its original value was only £695. Going to a small claims court would be an option if the salon owner was being unreasonable and not making you a fair offer, however in this case it would seem the salon owner is being more than reasonable. The court would of course take the offer into account and could see you as being litigious and award you a much smaller amount in way of acknowledgement of this.
The court will not award you £695 for a new bag as this would be grossly unfair especially as the salon owner has been reasonable. The principles of law and justice are based on reasonable and fair.
My advice would be to accept the reasonable offer of £100 - £150 made by the salon owner as this would seem most reasonable and fair.

I don't think anyone has suggested that she hold out for the full original cost price, that would be patently ridiculous. However, if a bag cost £695 new the resale value on sites such as Ebay would be significantly more than the current offer. Designer bags such as those by Mulberry tend to go for around half their original purchase price or more if they are one of a special line. The OP stated her bag was part of such a line.

Insurance is designed to put you back in the position you were before the incident, so the OP should reasonably expect to be able to purchase a second hand bag for the settlement figure. I don't believe the current offer is reasonable.