What no contract?
what no deposit?
What no policy clearly stated and in print regarding non-refundable
special ordered stones?
what no special ordererd stones all sales final policy?
what no percentage of the job up front agreement or clausein writing
for custom work?
what, you are considering a verbal contract as good enough to hold
up in small claims court?
what you are considering giving this person a dime back after
spending probably hours of consulting time with her?
what you did not charge for design and consultation time, refundable
only with the purchase of the design?
what you did not think about the time you spent in consulting, plus
design time plus labor, plus special ordering,,plus basics like
overhead and the percentage and markup for retail sales as part of
I am wondering if you just opened your business without planning for
real world business situations? You must gather yourself and proceed
calmly, in a business like manner, without hesitation and with all
condescension that you can muster as you performed a service, in
fact, many services in good faith- but, apparently, without the
accumen to support the business end of your passion for jewelry
making, or the paperwork!
you wrote down the size stones and they matched the stones you had
in stock, but were a wrong colour..so you special ordered in those
same sized stones for that customer: that customer bought those
stones,unless you failed to charge her for the stones and special
you did custom work after consulting with her at the specified x
dollars an hour or a flat rate fee per job: she owes you for that
time , unless you failed to get anything in writing like your
she came in at the specified and agreed on time to pick up the
work you did on the drawn out/rendering of the design that was
mutually agreed upon and promised by a certain day: She knows she
owes for the cost of the work for the design she ordered because she
showed up on the perscribed date and time--as per the order form or
invoice, or contract, unless you failed to write out any of those
options for the same thing- what you are to be paid for.None the less
her return is an example of her participation in the contract which
is virtually irrefutable. You may ask what prompted her to show up on
that particular day to pickup the job? Her answer should be her
admission of debt, but read on as to when to bring this up..
Removing the stones will cost the six hours put into the design
and the price of restocking the stones,any and all aterials used, and
the original stones handed back to her in a gem paper- to reset the
stones will incurr a seperate charge.
small claims court costs 25.00 to file in the usa, and is for
mdse. up to 2500.00 value- you will win..
6.Photograph the ring -post work, and make copies of the receipts
from your gem dealer and shipper, copy the bill for your hours and
materials and overhead,copy the seperate consulting bill.present them
to her by mail ( as then it is an officail document), and file a set
in your local small claims court, and file a set in your files! DO
NOT RETURN THE RING UNTIL SHE HAS PAID THE FEES within the period
that should have been printed (or signed in your store) on your
receipts and on the contract for special order jobs / custom work.
- If she returns in person:.Inform her she made a verbal agreement
and you would like to avoid litigation, but you are not accustomed
to offering free services, particularly special ordered services
without being paid a fair price for them- otherwise the customer may
have opted to do the work herself over which you had no control in
If your time and energies are worthless to you give her the ring
back. If you are scared of confrontation, have a friend or supportive
individual present when she walks in the door, at a time convenient
for you and you turn on the tape recorder ( as long as at least one
individual that is part of the conversation is aware of the taping
of a conversation it is legal to proceed. After thanking her for
being prompt, explain that you do not wish to be interrupted while
speaking and then say plainly: that you do not do any special or
custom work for free unless it is for a charitable organization of
your choosing, of which she is not. Further you had agreed to the
price and all work, and while her dissatisfaction is unfortunate, she
was aware of your working style and approached you for the job, you
did not seek her out. You will not return any merchandise until she
has paid in full for the special ordered stones, materials labor,
consultation and now, late fees- to which you are entitled as you
produced the work on time as promised to her specifications. Smile
and give her time to respond.Expect negativity. Do not back down, do
not let the supportive individual interject.Offer her one single
option- accepting financing for the whole sum if she does not pay for
it on the spot, but explain that your standard is now 25.9% each 30
days past due added to the total on late accountsThe work order
serves as the account,barring any other account she may have in your
store.If she needs credit for financing have a telephone number of a
fnancing or loan agency, or banks at the ready to refer her to
barring her ability to find her own. Advise her that you will if she
wishes, go into your studio, cut or saw off your work return the
original stones, and give her the remnents of the shank if she
prefers, which she can then take to another jeweler and enter into a
contractual agreement with them, but you wioll have no further
dealings with her until paid off in full. Bid the customer adieu.Have
your friend man your shop, gather your things, walk out, and go have
a cup of tea or coffee- and perhaps a pastry.
Then go to a printer and order contracts carbonless 2 or 3 part,
special order bills 2 0r 3 part, consultation forms with a three
part system and space for the rendering/design and the customer's
initials under it and the date to the right of that space.Jobbing
envelopes with tracking numbers are available readily from most
And that's about the extent of free basic business practices
consultation I am willing to give today.
If you need further assistance feel free to contact me off Orchid.