rascal418 Posted March 30, 2006 Share Posted March 30, 2006 Speaking of labeling, what would y'all do if the owner of a store cut off the part of your label with your business name, address & website? My beautiful candles were sitting on the shelves all hacked up. I asked the store owner what happened & she said 1 customer told her they could buy the candles from me so she removed my information. I don't have an exclusive agreement with this shop, I have other clients & I sell candles. She knew all that upfront. I offered to take the candles back & do a private label but she doesn't want that. I never thought I'd want to lose a client but between the attitude & the hack job I'm ready for whatever happens. And I have to protect myself, the last 24 hours my mind is racing with insurance, product & liability issues. Advice welcome tia Quote Link to comment Share on other sites More sharing options...
barncat Posted March 30, 2006 Share Posted March 30, 2006 basically, once they have it, it is theres and they can do with it what they want. i have had some poeple do that to me as well. I leave off any contact information so the average consumer cannot find me or another store. Stores are VERY protective about their merchandise and their sources, so keep that in mind. All it takes is one person to ruin it, as in this case. This still does not release you from liability in making a defective product, but if she removed and of the basic burning tips and someone stupid says they didn't know because it didn't say so on the label, its the store owners problem. Don;t forget if something happens to product, the seller and the manufacturer are involved, it doesn't release oyou or gain you any liability. Quote Link to comment Share on other sites More sharing options...
daniedb Posted March 30, 2006 Share Posted March 30, 2006 Holy smokes, I don't see that you have any choice, you've got to either take the candles back or have her rectify the situation immediately. I'm really sorry if this is judgmental, but dang, what ignorance! How can you run a successful store if you do what some random customer told you to, unless she's full of it, and just wanted to and made that up.I agree with the liability issue, however, the good news is that it gives you a perfect excuse without looking like a bad guy. "It's illegal to sell them without my contact information, and we would both be liable and could lose everything if someone sued. I know you don't want to lose your store, and I don't want to lose my home, so I'll just relabel them." And then add, "...and if you ever mutilate my labels again, I'll just cut off an inch or two of something of yours." Quote Link to comment Share on other sites More sharing options...
barncat Posted March 30, 2006 Share Posted March 30, 2006 One more thing, it is perfectly legal to remove contact information, you cannot remove anything with the point of origin, i.e. made in china, etc. I a m a storeowner and a wholeslae candlemaker, I remove my contact info everytime. Quote Link to comment Share on other sites More sharing options...
RobinInOR Posted March 30, 2006 Share Posted March 30, 2006 Wholesale, you don't have much choice, except not to continue on with the relationship. They are hers to do with what she wants. If you decide to not continue, I'd send her a letter telling her you are terminating the wholesale deal, and the reason is you are uncomfortable with.... blah blah.... and keep that on file. If it was consignment, I'd pull the stock immediately,, since you still own it. Quote Link to comment Share on other sites More sharing options...
Fire and Ice Posted March 30, 2006 Share Posted March 30, 2006 Also, make sure this store owner isn't trying to the credit for making these candles herself. That happened to me and I pulled the candles right then and there! Quote Link to comment Share on other sites More sharing options...
rascal418 Posted March 30, 2006 Author Share Posted March 30, 2006 Thanks for the quick help! Did I ever say how grateful I am to have found this site? I know, I know, wholesale I'm stuck but (I think) even first sale doctrine has standard limitations for resale. I would hope that would extend to required labeling information. I offer private labeling, even offered it again last night. Even with private labels theres certain things I can't get around. ok it bugs me that she hacked the labels without consulting me or without any thought to mutilating the products appearance. No way in bleep are my candles going to sell in her shop the way they look now. They look damaged, second hand. She shot herself in the foot!If we can't come to an agreement on private labeling I'm going to let this shop drop off my radar citing the reasons above. Thanks again for letting me vent & for the advice. I am so glad to have found this place! Quote Link to comment Share on other sites More sharing options...
gerrie Posted March 30, 2006 Share Posted March 30, 2006 I don't blame you for reacting the way you did (even if they had the right), we work so hard on our packaging and labeling, then to have someone just snip part of it away. I think the least she could have done is talked to you first. You could have salvaged your labels and made something that would have made her happy and still give the candles a nice label with a professional look to them. Sorry, but she sounds like a b***h to me, and a very unreasonable person. I see nothing wrong with a private label, I'd have a real problem having her for a client. Quote Link to comment Share on other sites More sharing options...
MeAndMyPuppyDog Posted March 30, 2006 Share Posted March 30, 2006 Why not design a lable for wholesale that doesn't include that info? I see the store's point of view. Why should I display your candles in my store at my expense and advertise YOUR contact info. Sorry, I have to side with the store on this one. Quote Link to comment Share on other sites More sharing options...
lindsaycb Posted March 30, 2006 Share Posted March 30, 2006 Most stores I work with take them off....good thing I spend so much money on inkjet cartridges. Quote Link to comment Share on other sites More sharing options...
rascal418 Posted March 30, 2006 Author Share Posted March 30, 2006 That's the rub, I offered this client private labeling twice now & they chose my label. Even last night after the hacking, they didn't want private labeling. It's not like it isn't an option. I spent this afternoon revisiting my minimum wholesale orders, costs, terms of sale & product placement too. Hey, I'm not the only one making money wholesale, the shops do too. I'm curious about some of the replies though. Is it possible to sell wholesale without any labeling? Quote Link to comment Share on other sites More sharing options...
Kimberly Posted March 30, 2006 Share Posted March 30, 2006 One more thing, it is perfectly legal to remove contact information, you cannot remove anything with the point of origin, i.e. made in china, etc. I a m a storeowner and a wholeslae candlemaker, I remove my contact info everytime.But if the candlemaker has Insurance then their information HAS to be on the product in order for them to be protected properly. Quote Link to comment Share on other sites More sharing options...
hewells Posted March 30, 2006 Share Posted March 30, 2006 Honestly I would say to be on the safe side consult an attorney. It may be possible to offer the same label without the contact information, or possibly place it on the bottom of the jar. You can say manufactured by***** and give contact info there, that way your info is still on the candle, but yet the wholesale acct has what it wants. To me that would be a win win situation, you are still keeping a client, they are still getting a product, and might I add one that the labeling is not hacked up. There has to be some kind of medium that you two can come with. Heather Quote Link to comment Share on other sites More sharing options...
geekrunner Posted March 30, 2006 Share Posted March 30, 2006 Why not design a lable for wholesale that doesn't include that info? I see the store's point of view. Why should I display your candles in my store at my expense and advertise YOUR contact info. Sorry, I have to side with the store on this one. While that may be true, IMO the store owner is being unreasonable by not allowing rascal to update the labeling. I don't understand why the storeowner wants hacked-up labeling when she can have nice labeling.While I'm not versed on the business end of candlemaking just yet, it seems to me that the only remedy is to discontinue the relationship and offer to buy back the stock.geek Quote Link to comment Share on other sites More sharing options...
bravo5 Posted March 30, 2006 Share Posted March 30, 2006 Very interesting thread!!! I looked into it briefly before, and was told that I could PL by saying- "[Made/Manufacturered/etc] by [Your Company Name] For [PL Account Store Name]" - and then include their contact info.I have only had one real wholesale account so far, just for air fresheners, so this is what I did. I left my regular front label, including my regular logo (with my business name in it). All I did was change the manufacturer info to what's above.My biggest thing I learned from it- make a DETAILED wholesale contract, with what they can and cannot do. The one wholesale person bought a large quantity of them awhile ago, and is now selling them on their website of ADULT PRODUCTS. So my innocent little air fresheners are there amongst other adult products..... :embarasse She has pictures of them, including my LOGO, on there. I won't sell to her again, so eventually they'll be gone! Quote Link to comment Share on other sites More sharing options...
barncat Posted March 31, 2006 Share Posted March 31, 2006 My biggest thing I learned from it- make a DETAILED wholesale contract, with what they can and cannot do. This is one misconception of candlemakers. If you go to a store and say i want you to buy this, but you cant do this or that, or even this or else. They will send you out the door packing. There are thousands of candlemakers that store owners come across all the time. You should feel special that they chose your product, so they screwed it up, not your problem, just try to move on and pick up another account.This is my contract, which basically isn't a contract, just my terms and what my rules are, that's all: Terms & ConditionsMinimum first order amount is $250 Reorders $100We accept the following credit cards: VISA, MASTERCARD, DISCOVER. Shipping: Our preferred method is Fedex or USPS to Canada. Returns & Damages: All returns must be approved by and may be subject to a restocking fee. All damages/shortages must be reported within 5 business days.This is standard of what other wholesalers do. We know wholesale to 600 accounts across the country and a few international. And from an earlier quote, still learning how to do that. But if the candlemaker has Insurance then their information HAS to be on the product in order for them to be protected properly Look at any candle you pickup at Wal-mart, know where does it say who made it, its called proctecting your sources for your own gain. Quote Link to comment Share on other sites More sharing options...
rascal418 Posted March 31, 2006 Author Share Posted March 31, 2006 Look at any candle you pickup at Wal-mart, know where does it say who made it, its called proctecting your sources for your own gain. barncat, you made me get up LOLI was given a walmart candle over the holidays as a gag gift. (yeah, yeah very funny) Anyway your comment prompted me to go check whats on that thing.OK, the top label is all about wallyworld. It's blue-grey their 'mainstays home' brand + references weight & candle scent. The bottom warning label includes the weight, barcode#, actual manufacturer name (candle-lite) their address & zip. made in usa + walmart.com. This bottom label closely resembles my bottom label when I do private labeling. Quote Link to comment Share on other sites More sharing options...
sockmonkey Posted March 31, 2006 Share Posted March 31, 2006 If you don't really want to lose this account, I would tell them quite frankly, that you think the altered appearance of your labels could possibly have a negative impact on their sales. Why don't you propose they do what a lot of shop owners do. Instead of hacking up labels that makes it look like they've been gnawed on by rats, place her store's return address label over top of any of your information.I know a lady with a shop who sells warm glow candles and she covered up all of their info with her store's address label. It gives the impression that she made the candle, but if you pull the label off all of the details of warm glow are still there. No one has had the nerve yet to pull the label off until after they've made their purchase anyway. Quote Link to comment Share on other sites More sharing options...
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