I am at a loss why this man would deliberately falsify the truth. I did take some action and wrote to Department of Fair Trading - which believed I had a case for action and followed up by requesting a refund on my behalf. The response that they received from this company, mainly the owner is indescribable and abundantly fabricated. See below:
"thank you for your email. I have previously spoken with Silvana and discussed this matter at length with her. I have also spoken to the sales representative and the installer and note the following points
The sales rep recalls discussing at length with Silvana that the product she purchased is a sun only' product and must be retracted in wind and rain
He can recall specific detail in relation to this subject. He does not agree that Silvana discussed with him protection for her furniture against rain
The installer as per company policy also confirmed to Silvana the correct use of the product, including not allowing the product to be extended during wet weather and high winds. I note Silvana also conceded this in her statement, yet still chose to leave the product extended during significant recent weather events. I also note, that despite being left extended in high wind and rain the product fortunately was not damaged.
Attached is a copy of the terms and conditions that form part of the contract we had with Silvana. Item 10 specifically states that all fabric awnings must be retracted in high wind and rain.
I note that the area where the folding arm awning product was installed is very typical of where this type of product would be used. A court yard area without sun protection. The product is defect free and installed correctly.
The product we have supplied is custom made to specifications chosen by Silvana. Ie: size, frame colour and fabric colour. We cannot re-use this product elsewhere, we are therefore not prepared to refund Silvana. I would suggest that she can still make very good use of the product for sun protection, and that if she wishes to keep furniture outside, then only a fixed building structure would be suitable.
We have also noted that Silvana has campaigned against us on social media and product review sites. Although we believe in consumers right to express their opinions and share their experiences, it is not lawful to commence a campaign against a company with the intent to do it harm. We are reviewing whether this has occurred and will take appropriate action.
Please feel free to forward this email onto Silvana, let me know if you wish to discuss the matter and I can give you a call"
He then attaches a copy of their terms and conditions
But what is extremely miraculous, is - they are not the terms and conditions that I have in my possession, in fact I have never sighted these "terms and conditions" before. This man is a disgrace and I am now pursuing further legal action. I have been advised to do so by the Department of Fair Trading.
“Shame on you”
• Previous review
I purchased a shutter from this company and spoke to their representative, Kerry - On the day he visited I explained to him that my only criteria was to protect my furniture from the rain and he told me that an awning could be done and would suffice. Unfortunately this is not the case. The awning was erected and then it rained, it rained consistently and my furniture was saturated because of course the awning does not protect my furniture. I also could not believe it when the rain came into my bedroom because the awning that this company installed hit the awning that I have over my bedroom window and managed to pull it away from the wall so the water drips into my bedroom. I have a remedy for this (close my window). I was devastated and sent the company images of this situation and asked them to uninstall this awning as there must be some sort of warranty and it has only been erected for 2 weeks. I spoke to the rep, Kerry who informed me that when it rains and it is windy you should retract the awning - I find this hilarious because I again repeated to him that the only reason I purchased this awning because I listened to his expert advice whereby he informed me that my furniture would be protected. He understood that I was upset and informed me that he would pass this info. Onto the owner, I believe his name is Justin. Well I had a telephone conversation with this owner and he informed me that I should have closed the awning. I wasn't expecting this response but I must admit that I became angry and frustrated and told him that I believe it hasn't been installed properly and he asked me if I had a reason for stating this and he had seen it in the images that I had sent and he believed it to be properly installed. I then asked him to remove it and he told me that this would not be happening and therefore I informed him that I would be taking further action and he then told me that if I wrote and did anything derogative towards his company he would sue me for defamation. The man is abrupt and rude and I do not like being threatened. I will let you know what happens next.