Di_in_AZ

Maybe she was sipping a bit trying to get some inspiration...hehe Edit to add, I think you are off to a good start.

The show manager 1 said that show manager 2 didn't recall sending it, it is in the original post. I didn't say whether it was appropriate/inappropriate for her to have contacted them--I said it not her responsibility if they didn't mail it--that was a failure on their fault--their responsibility. I am discussing what she told us the situation was (that they acknowledged they didn't recall sending it) not the what ifs or what could have beens.

It is when they did not perform their part. She gave them payment based upon their terms, which was they would let her know if she was accepted by Nov. 5th--they did not. Plain and simple--that is a breach of contract. ETA: You cannot take payment and not provide a service, even if you print non-refundable 50 times on the app. If that were the case, I am doing a fair next week--non-refundable payments please (wink, wink)--see where I am going with this? If you go research consumer law, you will see there are certain things you cannot say, they are against the law and will not hold up. That is one of them. The sheer fact that if they do not come through on their end, they cannot take the money. Every contract has consideration on the part of both parties. They did not keep to their end, did they? Every show I have been in, I have been contacted in a reasonable amount of time to let me know whether I have been accepted. They did not. It would have been nice had she contacted them, but she was NOT legally obligated to. That was not her fault.

Since when has the responsibility of someone doing something they are supposed to do, fallen on the other party--that it is THEIR fault for not reminding said party to do it? We have all fallen into a new realm of not taking responsibility. The responsibility of delivering that packet was the sole baby of the organizers, it is not the fault of the person who didn't receive it for not reminding them. Dear god help us all--no one takes responsibility for anything anymore. *sigh*

A contract has to have consideration on both sides, so you cannot simply say that it is not refundable and not do your part. Then they could take all the money and run--you can say non-refundable but if you don't do your part, you cannot keep the money.

They breached contract before she did. Enough said, armchair lawyer post again (myself included ). Check your law at your local library and you can read on basic contract law in Indiana. Good luck. Edit to say: The easiest way to look at this is the consideration (what each party gives in a contract). So exchange goods for the service here. If you purchased a book that had a contracted specified delivery date (timing is important when you are planning shows) then would you pay for the book that wasn't delivered, or would you figure it was your fault because you didn't remind them to send you your book? Saying that payment is non-refundable when the item hasn't been delivered wouldn't fly either--the show organizers didn't present their consideration so it is incorrect to say she is liable to pay for what she didn't receive. Can you imagine if you went into a store and they told you once you paid it was non-refundable and then they didn't give you what you paid for and claimed they could keep your money because it was non-refundable?

Under the law you are not obligated to remind people to perform under the contract. If they don't perform, they have breached it--and by their own admission, they didn't send her an acceptance letter, she was not obligated to contact them and remind them.

That is standard business law as far as not performing under a contract and it being null and void. I would send them a letter back stating that their failure to send you an acceptance letter, per the contract, made that contract null and void. Tell them you don't intend to pay the fee as the contract was null and void and you were no longer bound by it. Then tell them if they would like to pursue it in court, then so be it, you made them whole by refunding their loss of $10 in bank charges, even though you were no longer obligated by the void contract. I am not a lawyer, just remember this from business law, but they will probably back off, that is something they can easily find on the internet. Edit to say, seeing as they breached the contract by not sending you the acceptance packet, you are entitled to any damages you may have incurred. If you did not do a show because you waited on that letter, I would throw that in for good measure, just tell them THEY breached the contract--the law is on your side. I would love to see them try and tell a judge, "no, we didn't send an acceptance letter to let her know she was in...but"--no leg to stand on.

I take mine to where I used to work--what I have leftover, usually mark them down a buck or two, post a sale sign and they go like hotcakes. If you don't work, then maybe to a friend's workplace, church, somewhere where you know the people and make sure they know they are getting a deal. This is a great time for last minute gift shopping. One word as a caveat--one year I just listed what I had left and did barely any sales, now I take my stock and display it where they can see/smell, it really makes the sale.

They broke the contract by not performing on their end by not sending your the acceptance--once one provision of a contract is violated, it is null and void. If the no refund clause was not in the contract, they cannot enforce it. You should be able to go to your county website and see the fees for small court actions. Edit to say that I see the non-refund thing now, thought that wasnt' there, duh. Still, they violated on their end, still null and void.

Backup, backup, backup, backup, backup, backup, backup, backup. I cannot stress that enough, backup. The hosting company is not liable, you need to backup.

Those look great! Your photo presentations are very nice as well.

My former employer never gave them to us till the end of January. There was also something in the news about the refunds being delayed this year--not sure why, will have to look that up.

Kudos to you! I went to a convention and watched a demo on this stuff being made (via video and photos obviously!) and it was just way above anything I would ever try--it did not look that easy to me. Good luck and have fun tweaking

I am glad you are finally getting some resolution to this. Hopefully the school will take action and stop these idiots.

Congrats! That is really neat, I hope it picks up business for you.

Sorry to hear Lynn That would be excusable. I really empathize with people about outdoor shows, but they are just that--outdoor and the risks are the weather. I don't enjoy them because in AZ it is usually too hot, or if we have bad weather, the winds are horrendous.

Sorry, I use M&P and I add stuff, no way would I just dump stuff in and sell without first testing it to see if the FO was going to perform ok, not discolor, etc. etc. You always test, even if you are just adding FO. You don't have to test as much, but you still have to test period. I am not selling M&P or any B&B I make, but I would use just as much or more caution than candles on items that are going on skin. Research and development is also a process where you plan what you are going to be doing, as far as what scents, colors, packaging, labelling, whether or not you have a market for the item--lots of things you would research and develop.

I did that this year People asked me for more upscale jars so I added one. Then come my shows--they did not sell, why? They were 8 oz. People didn't want to pay more for that jar when they could get more wax in my mason for cheaper. I felt like screaming. Last year when people asked me for a more upscale jar, I explained it would be more expensive because the jars would be more. That seems to have been missed by them and even though I explained it to the same people, bottom line was the dollar. When I said that last year, the line I got was that they didn't mind paying more. Apparently they did. Sometimes you can't win.

I have my last show this weekend as well. It is a new show so no idea how it will go. Hoping to sell a lot of my inventory. I wish everyone else the best of luck this weekend as well

I have to agree with SherriLynn. I usually do a two-day outdoor show. It says very crystal clear on the app that it is outside and will not be cancelled due to the weather. If you have a problem dealing with rain, wind or cold, you should never sign up for an outdoor show period. The promoters spend time organizing and when you don't show, you just left a hole in the show--it looks bad and will cause people to not show the next year. I have never missed a show and all the shows I do--you would be blacklisted for not showing (among a list of other things). I have sat through rain and winds that I had to hold onto my supports, but I never left early or didn't show up. Having said that, I did not feel like doing outdoor shows this year, so I did not sign up for ANY. That is the appropriate thing to do.

State law DOES matter, that is who would handle this. A federal judge does not have the time to deal with issues this minor. The State of Arizona does have consumer protection laws. Can you imagine how congested federal courts would be if they took up consumer cases? Only unless it is large scale and interstate would you see the feds involved. This is not something that the feds would handle, sorry. Yes, the federal government has made some laws regarding consumer protection, but the enforcement for something like this is done by state or local agencies. Here is an excerpt from the state attorney general's office covering this very thing: Consumer fraud, as defined by Arizona law, is any deception, false statement, false pretense, false promise or misrepresentation made by a seller or advertiser of merchandise. In addition, concealment, suppression or failure to disclose a material fact may be consumer fraud if it is done with the intent that others rely on such concealment, suppression or nondisclosure. Merchandise may include any objects, wares, goods, commodities, intangibles, real estate or services. The following is a brief overview of the Consumer Fraud Act. The Act is found at A.R.S.§ 44-1521 through 44-1534. The Attorney General's Office offers this information as a public service but is prohibited by law from giving you legal advice. If you have questions regarding your particular case you might want to contact a private attorney. The Arizona Attorney General has the authority to bring actions alleging violations of the Consumer Fraud Act. Sometimes the enforcement authority is delegated to County Attorneys. A private citizen can also bring an action for a violation of the Consumer Fraud Act within one year from the date the claim arises. If you believe you have been the victim of consumer fraud, you should first contact the company in writing and specifically request the relief that you feel is appropriate. You may also file a complaint with the Attorney General's Office.

Your best bet is to call a lawyer, a lot of them give free consults. THEY will be the safe bet and the ones who know for sure. You can also search under AZ state law (pm me if you need help) and also look under the consumer protection laws under the Arizona state website. State law varies and it will come down to that--armchair lawyers are just that and if this goes further, it will look pretty silly telling a judge that on CT they said.....

P.S. If you get five figures +, don't forget your CT friends who suggested and supported you on this

I use a wicksetter also--but I have found on one of my jars it doesn't have a corresponding circle size so it doesn't always set center--have to be careful. Before (and sometimes now) I used the outer barrel of a bic pen, it works perfectly to place the wick. On the bottom, I just printed different circles (corresponding with the jar sizes) on a sheet of paper with a dot center (easy to do in MS Word). Just aim the bic barrel with the wick in for the dot on the paper and presto. I use the wick holders from BCN to secure the tops of the wicks and on those I have drawn lines radiating outward from the wick center so those are always perfect on top as well.