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.