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Helen Out 'n About Bears
Poole, Dorset, England
Posts: 88

Hi everyone

What do you do when

someone asks you to make them a bear-----

they specify exactly what they want, and you do your very best to fulfil their wishes----

you keep in touch with them while you are making the bear, sending them progress pics, etc------

you alter the things they want altered-------

eventually, you finish the bear, the customer collects it and pays-------

two days later, they phone to say their husband and friends do not like the bear, so therefore, they have  changed her mind, and could they  havetheir money back?




I said no!!   The customer then told me that was "very cruel " of me!!!

Was it????????



Helen

SueAnn Past Time Bears
Double Oak, Texas
Posts: 21,911

SueAnn Help Advisor, Banner Sponsor

Helen . . . I certainly do not think it is "very cruel" of you - I think that is way too harsh a description.  It is definitely your prerogative to return money, or not, to dissatisfied customers.  You were very thoughtful to keep the customer up-to-date on the progress of the bear . . . especially since it was such an individual order.  I do have a money back guarantee, however, and I've had customers take advantage of it twice.  I can always sell the returned bear at a show or on my website - it's never been a problem.  The bottom line is that you are totally within your rights to set your own policy about that situation and the customer needs to accept your conditions.  JUST MY OPINION.

Megelles Megelles
Brisbane
Posts: 273
Website

HI Helen

I know you have probably put allot of blood sweat and tears in making the bear for them.  and now even more tears .                             :hug:

But I have always been told the customer is always right even of they were very difficult.  It is very hard to be gracious when something like this happens.  About 8 years I have had one lady complain about a bear that was supposed a twin to the one her sister bought.  They were made from the same fabric and dressed identically.  She was comparing her bear to a photograph of her sisters (one taken outside and the other in).  You would know how light affects the colour in a photo.  About 3 years later I heard that she was still complaining!! 

I do find it is always better to be gracious as one bad customer always tells everyone.  Satisfied customers  generally do not "spread" the word.  When selling any good it is a good idea to have a return policy.  I never take any money for order ( not that I accept them now as I hate being under pressure to make bears) I send them a photo when it is finished and then they send the money if they want it. I find this a great way.  If they don't get back to me I sell it at a show or to one of my customers on my list.

Also, trying to satisfy someone else's ideas is very difficult indeed!! 
You said they altered bits as they went and you kept them informed.  Please remember they probably do not understand the stress you went thru to make the bear especially for them.

Keep your chin up!  The next customer will love your bears!!!!!

thumperantiques Newcastle, Ontario
Posts: 5,645

Helen,  this is a difficult one, however, if this person asked for specific changes and alterations then I would say "sorry, but I specifically made this to suit your requests, therefore I can't do a refund". 

                                                       Hugs,

                                                       Brenda

gotobedbears Posts: 3,177

HI Helen,
well, what a situation! If you can honestly say that you followed the customers instructions, consulted them throughout the process and made any requested alterations then yes, i do believe you have every right to say no.

In future may i recommend requesting a non-refundable deposit when taking on commissions - make this payment enough to cover all costs of materials only, not your time etc - then if this should happen again in the future at least you have covered your basic costs.

If you state these conditions in writing when taking on a commission and the buyer agrees then i think you are within your legal rights to retain the deposit. I also believe that the non-refundable deposit must not be more than a third of the total price - don't ask me where i heard it as i can't remember. Maybe you could check it out with your local Trading Standards Office.

Last bit of advice..........don't do commissions if you want an easy life  :hug:

Penny  bear_flower

Helen Out 'n About Bears
Poole, Dorset, England
Posts: 88

Thanks for your replies.

I charged this woman £60 for the bear.  £40 of this was materials, so I actually made very little profit.   I agree that I should have taken a non-refundable deposit, and certainly will next time.  Mind you, I doubt whether that particular customer would have paid me one, as she wanted everything her own way.

I am aware of the legal position----that I dont have to refund her money merely because she has changed her mind, but that had she bought via e-bay or my website, she would have been entitled to a cooling off period.

I am waiting to see what will happen next.  I suspect that she will stop the cheque she gave me .  My hubby, who is a solicitor, tells me that if she does that, I should sue her, because I will definitely win.

Either that, or she will deliberately do something to the bear, so that she can say it turned out to be faulty.  I would not put that past her.

She knew that I was not the most experienced bear maker locally--I was quite clear about that, but she chose to proceed.  Why?    I guess, because others would have charged her more.   I consider that I gave her good customer service all the way through.  She continually "nit-picked", and I acted on everything I could, believing that she had the right to stipulate what she wanted, and that I had a duty to fulfil her wishes.  She tells me now that she felt "pressurised"  into buying the bear-------nonsense, I am not even capable of pressurising someone like her---------, but she had ample time to inspect him before she paid me. , and she told me she was pleased with him.  To ask for her money back two days later, seems to me, to be downright cheek!!   I felt, all along, that she had the potential to be a troublemaker.

I would not dream of asking somebody to make me something to my own specification, buying it, then asking for my money back. 

The interesting thing is, when I sell on e-bay, I have--naturally-- a returns policy.  Nobody has yet used it.  Nor have I had any other problems with commissions, although I do agree that they are probably more trouble than they're worth.

Helen

jenny Three O'clock Bears
warwickshire uk
Posts: 4,413
Website

Hi Helen...I  think this depends on how you feel. If you feel that you want this out of your head then I would refund the money...because it's easier. Then you can resell the bear.

I don't think customers are always right, in fact I believe precisely the opposite. It's clearly their prerogative not to spend their money with me...or anyone else....but...as an artist I have to work to my agenda..otherwise they are asking me to do something which is their design not mine...therefore they should make it themselves.

We aren't talking about a fitted kitchen...or a set of curtains..we are talking about something which is an expression of our creativity..therefore...as the artist, we are right.

Interestingly it's third parties that say they don't like the bear, Helen....so has this person no mind of her own?

Helen, that's why some artists don't do commissions...this is precisely why I never do them. I make bears to my whim....how I want to make them. I get no joy from making commissions really as I find it labourious...and not a labour of love.

You probably do have the right to insist she keeps the bear and pays you because this bear was made to her spec...but to my mind I would just get the bear back ...learn from it and move on while making a mental note to not to do this again.

Good luck,

Jenny

Laniebears Arctophilia
Shropshire UK
Posts: 1,429
Website

Hi Helen,

WHAT A MEAN TRICK...

All our commissioned bears are Bespoke items.
WHEN SOMEONE ORDERS ONE AS A COMISSIONED ITEM IT IS MADE ESPECIALLY FOR THEM.
MAKE IT CLEAR THAT THEY ARE ORDERING A BESPOKE ITEM
Then i think you are covered by a trading law that states they have a legally binding contract and they have to pay for the bear and cannot brake the contract by backing out.
Hope this helps.
LANIE X

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