Monday, November 12, 2007

Beware before you consign

many crafters will consign their goods and so do I
unforunately I have consigned my stuffs to a bad online store adorkablejewelry
the owner Johanna contacted me through Etsy and asked me to consign my goods at her store at the US. She talked about her plans about her online store, her blog and stuffs like like tried to impress me and then she sent me a really professioanl letter and contract to me. So as an inexperienced crafter, I just believe in her and send her some stocks. I have got an email from her and said she has received my stocks and she'll put them up on her store soon. So I waited and waited. For a few months now I haven't seen any of my stock on her store and of course, not a single word from her. So in September, I have sent her a message about my stocks and she said there's something wrong with her internet and she'll put my stuffs online soon.
Today I have got a message from my friend and said Ali J is having the same problem with this store! I cannot believe someone who is so close (I always saw her works in Australia design website and blogs) is actually having the same problem with me! After I read her blog, I found quite a few people are having the same problem!

So, I am going to write this Johanna the last warnning for sending me back all my stocks or just pay me back otherwise I will take legal action if necessary. Also, I am going to write something on the flickr groups to let all the crafter know there's somebody dangerous out there waiting for them.

As a crafter, it's hard to know whether the store is safe or not, espcially stores that are overseas. I also understand somtimes it's just luck. But I just want to let all crafters (or even the store ownders) know, under the international contract law, we're all protected. Even if there's no written agreement.

Under the International contract law, Article 39:
(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

Artile 48
(2) If the seller requests the buyer to make known whether he will accept performance and the buyer does not comply with the request within a reasonable time, the seller may perform within the time indicated in his request. The buyer may not, during that period of time, resort to any remedy which is inconsistent with performance by the seller.

Article 50
If the goods do not conform with the contract and whether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. However, if the seller remedies any failure to perform his obligations in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those Articles, the buyer may not reduce the price.

Article 61
1) If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may: (a) exercise the rights provided in articles 62 to 65; (b) claim damages as provided in articles 74 to 77.

Article 62
The seller may require the buyer to pay the price, take delivery or perform his other obligations, unless the seller has resorted to a remedy which is inconsistent with this requirement.

Article 67
1) The seller may declare the contract avoided: (a) if the failure by the buyer to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or (b) if the buyer does not, within the additional period of time fixed by the seller in accordance with paragraph (1) of article 63, perform his obligation to pay the price or take delivery of the goods, or if he declares that he will not do so within the period so fixed.

Please refer to the CISG-online to see all whole chapter to know what rights do we have when we're doing international trade.

1 comment:

Eveline said...

I remember this one! She was asking for people to consign with her not all that long ago.

I was interested in doing so, thinking consignment might be my next step, but she turned me down. My items were not right for her shop at the moment, she said. Well thank f*ck for that!

Sorry you (and from what it looks so many of you!) have to go through! Good luck in getting your stuff back, please keep us posted!

Eveline (Timeless on Etsy)