Monday, April 30, 2012

Business and the Law - a Saga

This is not a fun topic but I thought I'd run this by the artists on this list and try to get some feedback. I did a Spring show a few weeks ago and was able to discuss this with some colleagues there.

No one can be in business 30 years and not have some upset clients and I am now dealing with an old customer who is not happy with her bespoke purchase from me. We have been back and forth via email as she wanted a full refund, then half refund and I am not prepared to give her anything.

Her point: the garment doesn't hang  right on her...after wearing for a while it shifts.

My Point: The garment fits beautifully and I have still taken it apart and made alterations.

I called the Entrepreneurship centre when I first was told I would be taken to small claims court and had a good chat someone there well versed in business.


While gathering all references to this issue I found an email from this client confirming receipt of the item and also it's perfect fit!

Then I had a chat with a lawyer who immediately told me he could not help as he is a Ontario Small Claims Court Judge and it would be a conflict....but he did chat with me and tell me how the procedure would go and to get legal aid in the town involved (not Kingston). He also told me to 'frame' the positive confirming email!

When my client (a nice older lady who has two more of my sweaters) came by my booth I had to say I would not discuss this in my show booth!!!! She asked when/where I had to quickly say via email/phone/court, as I had other visitors to attend to.

When I informed her we had her confirming email I added that it completed my contractual obligation to her but that I had gone above and beyond in altering (at great time and expense to me) the garment.

I have been doing custom work for thirty years and always ask my clients for feedback: did the parcel arrive, does the garment fit, do I need to make any adjustments and also if it doesn't fit I will remake it at my own expense. I have done this about three or four times. I also always stand behind my work in that I will always replace my handmade buttons and also offer to mend, even wash and press!

I always tell my visitors to my booth if I think a garment doesn't look right, as my name is on it and I only want happy buyers who look great in my work (don't we all). I have turned people away from my booth if I think they are not sure, when they return to make the purchase then I know they are 100% sure.

Andrea Graham
This particular custom item I have seen on this lady and, frankly I love it on her! She is still talking about small claims court and when I mentioned that I was told we would go to a Settlement Court first she said something to the effect of she didn't the other few times she's gone to small claims court........


I'd love to hear of others of you with your 'trials'. It was good to hear from my wonderful colleagues and friends at the last show, the sharing made me feel better and not alone. 

Call me, email me privately or I will post your story (no names, of course) here. I'd love to do that as it will help others.