Ask Harriete

Lead content regulations for Jewelry

Dear Ask Harriete, 

I have a question for you. Concerning your recycled tin jewelry, how are you handling the new lead content regulations in California? Thanks for your time.

Signed,

Concerned  about new jewelry regulations

Dear Concerned about Lead Content in Jewelry,

You bring up a subject that I've never considered -- because the tin cans used in my jewelry do not contain lead or lead solder.    "Tin cans" have not contained tin or lead for most of the past century. 

The term "tin can" comes from the 19th century innovation for fabricating food storage cans. The technology at that time made steel cans that were "tinned" on the inside with tin to limit the exposure of the food to the steel.  Currently most cans are either plated with food safe plating or coated with plastic to avoid a metallic taste from the steel can.  Seams of tin cans are no longer soldered with lead solder.

The California law about lead content in jewelry can be viewed on line at:    California Department of Toxic Substances Control.

Rings and Things has a clear diagram of the CA Jewelry-Making Materials Classification as of March 20

The issue of lead content in jewelry has a lot more to do with inexpensive imported jewelry including toy jewelry for children sold in kits and "playsets."

From the Environmental Protection Agency:  July 8, 2004  The threat of lead poisoning from toy jewelry led the CPSC to conduct a voluntary recall of 150 million pieces of metal toy jewelry sold widely in vending machines. Unfortunately, another incident occurred in 2006, when a child died from ingesting a toy charm containing lead. This incident prompted the voluntary recall of 300,000 charm bracelets. The charm and metal bracelets were given as free gifts with the purchase of shoes from one manufacturer. http:://www.epa.gov/lead/pubs/toyjewelry.htm

One factor that isn't highlighted enough is that children's exposure to lead is often due to ingestion of the jewelry; i.e. they swallow the toy jewelry. Children young enough to put items in their mouths should not be given small items to play with.  Parents with young children need to be ever vigilant.  The danger of children ingesting small items isn't limited to toy jewelry, but coins, pins, beads, etc.  Vintage and adult costume jewelry could also present a problem with lead content.  It is the parents' responsibility to constantly monitor what their children handle or play with.

It seems unlikely to me that artists and crafts people in the United States are fabricating their own work with materials containing lead.  The dangers of lead exposure have been well documented and regulations have been in place for years.  Most raw materials are lead free; for example, low temperature solders and enamels have been lead free for many years.  Nevertheless, it.is important for artists and crafts people to know what they are working with during the fabrication of their work.  If you are unsure, the label will tell you if the product is lead free.  Carefully examine the labels on all your raw materials to make sure they are lead free for you own health and that of your customers.

Sincerely,

Harriete

 

Top Ten Tips for Success for Artists and Craftspeople from Wayne Robbins

Recently, in the June 2008 The Crafts Report magazine wood carver Wayne Robbins submitted his TOP TEN TIPS for Success for Artists and Crafts People. His suggested list included important suggestions that warrant repeating. It is definitely worth sharing with you. Do you have a tip for success that you would like to suggest?  Add it to the comments and I will get back to you. 

Harriete

TOP TEN TIPS
There are no guarantees for success when selling arts and crafts, but there are a few tips I've learned that have helped to sell my wood carvings:

• Select a style that is attractive and unique.
• Research  the subject and become the "resident expert" on you subject.
• Don't cut corners
• Show your passion and skill.
• Network with others!
• Don't sell yourself short. Never offer discounts.
• Be visible in the community. Show, demonstrate, and teach.
• Remember that everyone is a potential customer.
• Keep impeccable records,
• Stay relevant and evolve with the market.

Wayne Robbins
Wayne Robbins Woodcarving
Marine Mammals and Birds
www.waynerobbins.com
IMAGE DESCRIPTION:
First Breath, Beluga Whale and calf, Butternut

Example Return Policies for Retail Purchase

As mentioned in previous blogs, I offered to show you a variety of Return Policies from other artists or small businesses.  Next time you  go to a gallery, or small business and look for their Return Policy as an example. The goal for small business owner such as an artist or gallery is to balance the importance of satisfying your client against the cost and inconvenience associated with merchandise returns.

(Before we go any further, I think it is import to establish that I am not including as an example Return Policies from chains or major stores. Their business structure and financial stability differs significantly from the small business owner.)

  (Read the previous blogs about Return Policies for more information on the topic.

• Return Policies at Open Studio Events.
• Deciding your Return Policies for Retail Purchase
• What is a "Return Policy"?

Here are some examples of Return Policies for retail purchases that I found online from other artists and galleries.

Example #1.

RETURNS AND EXCHANGES:
I want you to love your jewelry item. If you are not completely satisfied with your purchase you may return the item within 14 days of receiving it for exchange or credit ONLY (excludes custom orders). Item must be in its' original packaging and in perfect, unused condition. Sorry, shipping costs will not be refunded.

Example #2.

RETURNS/EXCHANGES:
We want you to love the jewelry. You must email us within 5 days of receipt for return/exchange instructions. Sorry, we cannot refund shipping. Jewelry must be in original condition.

Example #3.

RETURNS/EXCHANGES:
Merchandise must be returned within 7 days for a full refund. Please include your receipt. Insure work for the full value with "tracking". Returns lost in return shipping will not be refunded.

Example #4.

RETURN POLICY:
Special orders are final sales and cannot be returned or exchanged.
Purchases from our inventory may be exchanged within two (2) weeks of the date of purchase either for another piece of jewelry or for store credit. We do not give refunds.

Example #5

RETURNS AND EXCHANGE
Special orders are non-returnable.
Regular orders can be returned within 7 days of receipt in their original packaging and in the case of jewelry, in unworn condition. Please notify the gallery by phone or email before the return.The client is responsible for returning the item(s) pre-paid and insured to the Gallery. Credit issued will not include original shipping and insurance charges. We reserve the right to not accept a return and may require a re-stocking or repair fee if the item has been at all damaged or worn. While our policies are firm for obvious reasons, we will do everything we can to work with you and make sure your experience with is positive.

Do you have a RETURN POLICY that you would like to share with other artists? That would be great to see and share. Please send your  Return Policy to Ask Harriete either using the CONTACT EMAIL for my blog, or  include your Return Policy in a COMMENT. Thanks a lot for helping other artists.

Harriete

Return Policies at Open Studio Events.

If you are hosting an Open Studio event is it likely that you anticipate retail purchases. With this in mind it is essential that you prepare a Return Policy BEFORE the Open Studio.

Read the previous blog titled: Deciding your Return Policies for Retail Purchase to find a list of possible issues that you may want to consider when writing your Return Policy.

Post your Return Policy in a visible location in the Studio. (If you do not post your  Return Policy it will be assumed that you have no restrictions on returns which is probably not the case.)

This should be at the location where you are most likely to make a transaction such as your sales counter, cash register or packing area. It would be a good idea to post an additional sign in another visible location. Posting your Return Policy signs prevents returns not consistent with the established  return policy. In addition, informing the customers in advance might make them more comfortable knowing your Return Policy before they decide to purchase an item.

Take a photo of your Return Policy signs. Save the photos of your Return Policy in case you need to prove your Return Policy was posted.   You can also use these photos for handy reference next time you host an Open Studio. It will help you remember all the things you need to get ready.

Prepare your invoices in advance with your Return Policy on the invoice. This can either be on the invoice in your computer, (ready to fill out with the customers name and the items purchased) or have a pre-printed invoice book ready. Print, stamp or use a sticker label  of your Return Policy on the preprinted Invoice book or sales receipt.

Do you have a way that you handle your Return Policy at Open Studio events that you would like to share with other artists and craftspeople. Please feel welcome to share your ideas in the comments.

Harriete

Deciding your Return Policies for Retail Purchase

As mentioned in the previous blog titled, "What is your Return Policy?' it is very important to establish your Return Policy and post this policy in a location where the sign is visible in advance of a purchase. If you are participating in online retail, then your Return Policy is often included in your "profile" information and/or on the shopping cart page.

If the purchase is made at your studio or store, post the information in a visible location where the item is purchased.

The following are some criteria that you may decide to include in your Return Policy.

• Under what circumstances will you accept a return?
• How many days does the customer have to return the items purchased?
• Does the item need to be return unworn, unused or in salable condition?
• What if the item is damaged? Will you accept a return?
• Does the customer need to include their receipt or  Proof of Purchase?
• Is the item returned for a credit with the artist to purchase other merchandise?
• Is the item returned for full credit to their credit card or PayPal?
• Is the item returned for a cash refund?
• If the client given a full refund? Is there a restocking charge?
• If the client is given a refund, is it  immediate; or within 2 weeks; 20 days; or a month?
• Do you refund the clients shipping expenses?

This is not a comprehensive list, but if gives you a good idea about what to consider and there are variables under each question. Goodwill is very important to keep with your customer, so flexibility may be essential regardless of your Return Policy.

If the item is returned because it is described as defective, seriously flawed, or poorly crafted then more than likely you are both legally and ethically required to accept a return no matter what your Return Policy may state.

Look for future blog entries for example Return Policies AND:

• Return polices at Open Studios
• Return policies at wholesale/retail craft show.
• Return policy for wholesale accounts.
• Return policies for commission

 
   

What is a "Return Policy"?

Dear ASK Harriete,
What your return policy was and how you came to it?
Signed,
Concerned about Returns. 

Dear Concerned about Returns,

The subject of a Return Policies is a great question and a huge topic. To break this down into manageable portions, I am going to make several entries in this blog on the topic over the next few days. There are many situations in which an artist may need a Return Policy including  retail purchase,  online retail selling,  open studio situations,  craft shows and for whole sale accounts. Flexible Return Policies by large stores have led the consumers to assume that all retailers are equally flexible but for the small retailer, such as an artist, offering complete credit for Returns can be problematic.

Personally, I never even thought about the concept of Return Policies until relatively recently since I only sold work through galleries.  In those situations, the Return Policy is determined by the gallery and represents the relationship the gallery has with the client.  It is rarely an issue discussed between the artist and the gallery.

With my recent adventures into retail selling on a number of online sites such as Etsy and Object Fetish jewelry (opening May 2008),  I started thinking about Return Policies, too.

Your first consideration should be to look at your state law about Return Policies. Thank goodness for the internet. Tonight I just typed in  - Return Policy in the California -  and the results for this search were easily found. Here is the link in case you live in California.

http://www.dca.ca.gov/publications/legal_guides/s-6.shtml

I have included some of this information below. Look on line for the law on Return Policies in whatever state or country you live in. The most important premise of a Return Policy is that it is clear and available to the consumer at (or before) the point of purchase.  You can have ANY Return Policy you want as long as the customer know what your Return Policy  is before they buy.

The most challenging issue about developing your own Return Policy is developing a policy that is considered reasonable by the client, encourages purchases, and is relatively easy for the artist to implement.

In future blogs, I am going to cover additional information about Return Policies including:

• Examples of Return Polices
• Return polices at Open Studios
• Return policies at wholesale/retail craft show.
• Return policy for wholesale accounts.

DISPLAY OF RETURN POLICY BY RETAIL SELLERS in California

(A SUMMARY IS BELOW.)  GO TO http://www.dca.ca.gov/publications/legal_guides/s-6.shtml
FOR A MORE COMPLETE EXPLANATION.

Most retail sellers allow a customer to return purchased merchandise within a reasonable time for full refund or credit, or for equal exchange. In fact, these refund policies are so common that customers have come to expect them when retail sellers do not post notice to the contrary.

However, some retail sellers impose conditions on accepting returned merchandise or do not accept returns at all. The California law requires retail sellers to post their refund policy, if the policy does not meet certain common expectations. These common expectations are:

• The retail seller gives a full cash or credit refund, and equal exchange, or some combination of these, and
• The customer may return the merchandise for at least seven days following purchase, if it is returned with proof of purchase.

When Return Policy Must Be Displayed

If a retail seller has a return policy which does not meet these common expectations, the seller must conspicuously display its refund policy as described in the next section. This conspicuous display requirement applies to any retail seller which sells goods to the public in this state whose return policy as to any of those goods does not meet these common expectations.

Moving into a New Studio Space

Dear Harriete,

I am a mixed media mandala artist. For the past two years I have been working out of my kitchen, and am now moving into my very first studio space.  It's an exciting time, but also a daunting task.  Do you have any suggestions that might make for a smooth(er) transition?    Is there a studio checklist perhaps for things I will need, but haven't thought of yet?   Storage ideas?  Easy ways to hang framed pieces that won't mean putting a lot of unnecessary holes in the walls?  This will primarily be a work space for me, but I do expect to be doing some retail sales, also.

Thanks!
Stacy Wills
A Magic Mom & Her Mandalas
www.amagicmomandhermandalas.com

Dear Stacy,
Moving in an official studio space sounds like a big step, the important thing it to make sure it inspires new work. It is good to hear that your thinking about how to display your work for an Open Studio event early on in this process.

FIND INEXPENSIVE STORAGE My first thought is storage. Every media needs storage for materials, supplies and finished work.Closed storage (cabinets) will look a lot neater than open storage(shelves) and keep the items in the cabinets clean. Look online on Craig’s list for “FREE” old kitchen cupboards or furniture or go to recycling centers or business to find the least expensive storage cabinets possible. IF you cover the eclectic mix of furniture  with a uniform color of paint it will look pretty neat and tidy.

STORING PAINTS AND CHEMICALS If you have any chemicals, solvents, flammable liquids or paints put them in a cupboard that is appropriately labeled on the outside of the cupboard with the appropriate signs (i.e. flammable, acids, chemical, etc.) These signs are available at the hardware store.  Acids should be stored separately from cyanide based liquids. Read the cautionary labels on the products for appropriate storage.

HANGING WORK For hanging work, older homes used to have a piece of molding attached to the wall 6" – 12” down from the ceiling. It was a great idea for hanging pictures without damaging the walls.  This would be a perfect solution. “Picture rail molding is still commercially available and is sometimes specified for new homes as well. Picture rail hooks are S-shaped steel hooks that fit tightly against the profile of the wood picture rail. Pictures are hung from picture rail molding by running Picture Wire down from the picture rail hooks (usually two per picture)” Information is from Picture Rails.    Picture rail molding  with suitable hooks may be available at your local hardware store, if you prefer.

CONSIDER MAKING LABELS FOR YOUR WORK As you hang your finished paintings, consider making labels just like those at the galleries and museums. One label for each painting. Labels should include: NAME of the Artist, DATE (year) of the work, MATERIALS (keep this short) and the RETAIL PRICE.  This can be formatted on your computer, printed on the printer and attached to foam core with rubber cement. Cut into rectangular shapes with a VERY sharp matte knife.  Attach to the wall with the gummy adhesive used for hanging posters without nails. Consider including  a short paragraph or artist's statement about the work prepared in exactly the same manner. This should be done perfectly, just like in museums and galleries to look professional.

PROTECT YOUR TOOLS Consider keeping the more valuable or expensive tools and paints in a cupboard so that they can be easily put away any time your studio is open to the public.
Another practical consideration is that when you studio was at home, you were probably sharing the hammer, screw drivers, pliers, etc,  that you used for home repairs with your tools demands in the studios. Now you will need to have your own tools for the studio. As you transition to your new studio space, keep a running list of tools you use in the studio and borrowed from home.  Buy a separate set of tools  for  the studio as your budget allows.

When your ready to host your first Open Studio, don't forget to download the document  Open Studio: Artist Checklist in the Professional Guidelines.

GOOD LUCK with your new studio,
Harriete
www.harriete-estel-berman.info
www.askharriete.typepad.com

Open Studios: An opportunity to practice speaking about your work.

Recently, I participated in a teleseminar with Alyson Stanfield from artbizcoach.com about hosting an Open Studio event.  An Open Studio event provides an opportunity for artists and craftspeople to reach a broad audience, to educate their community and ultimately to develop new markets. During these events, the general public is invited to view the artists’ studios, to experience this creative environment and, hopefully, to make a purchase directly from the artist.

What distinguishes an Open Studio event from a Studio Visit or museum sponsored tour is the intended audience. Whether organized under the auspices of a community arts group or by independent artists, an Open Studio event welcomes the general public rather than a specific group. Some of those who attend an Open Studio Event may never venture into an art or craft gallery or attend a museum exhibition opening. It is this egalitarian distinction that makes an Open Studio event a vibrant addition to the community.

At a Open Studio the artist is speaking to the public about their work. This may be the first time you have had an opportunity to verbalize about your current work, the concepts  behind the artist's inspiration or the processes involved. A major benefit to the Open Studio is that you get a chance to practice verbalizing  ideas that up until this point  you may never had to say out loud before. As each new group of people comes to your studio during the day, practice and refine your "speech."

An Open Studio event can be your own "Toastmasters" club on a small intimate scale. Think of it as practice for  your first television interview with Charlie Rose. (That is my personal mental goal.)

What should you consider saying? What should you tell each person? Here are a few suggestions (in no particular order):

1. Think about your audience. Their age, gender or background may influence their angle of interest and the direction of your studio "speech."

2. Keep  your artist's lecture energetic, enthusiastic and short. (How can you expect them to be excited about your work unless you are!)

3. Establish your credibility. At the very least you are the studio expert.  Consider that you are developing a unique artistic vocabulary with your chosen media. Without bragging  tell people about your areas of expertise, the shows you have been in or your experiences.  Remember "everyone loves a winner."

4.Avoid  using "art speak". Use words and a vocabulary suitable for the person(s) you are speaking to.

4. Listen to yourself and practice with your Open Studio audience. Avoid  audible pauses such  as "uhhh..." "and", 'ummmmm" and others. Audible pauses are very difficult for the listener to enjoy.

5. Be positive, this is not the time to beat yourself up with negativity. You are the "art star" at your Open Studio, act like one. (I said "art star" not prima dona.)

6. Be professional. Make every effort to make your Open Studio as the best possible open studio event.

7. Ask your audience for questions, you may learn a lot from the questions. (I learn from your comments and questions, so let me know what you have to say.)

8.Enjoy yourself! and enjoy your audience!

Sincerely,

Harriete

 

Free phone seminar about Open STudios

Are you planning an Open Studio Event?
I will be participating with Alyson B. Stanfied,  ArtBizCoach.com, in a free phone seminar.

Wednesday, April 9th

8pm ET, 7pm CT, 6pm MT, 5PT

FREE!

REGISTER ON LINE TO SAVE YOUR SPACE

                                      

So, you want to invite people into your studio, huh? How will you get them there? What will you do when they arrive? What about insurance, sales, and refreshments?

                     

Hosting an open studio  sounds simple and inexpensive. After all, you have no space rental fees and low overhead. All you have to do is open the door and let the masses in, right? Well, not exactly. There's much more to plannning a successful open studio than that.

                     

A well-run Open Studio event can offer an artist exposure for their work and retail sales, but there are many issues involved.

                     

In this free teleseminar, I will discuss with Alyson Stanfield the essential information you need for planning your open studio event.

                     

• Consider the upside and the downside of open studios
• Set your goals and objectives
• Promote the event
• Prepare your space
• Plan for safety, security, and comfort of your guests
• Follow up with visitors   

Follow the conversation with the Open Studios Professional Guidelines document.

 

Harriete Estel Berman will also introduce you to the valuable resources found in the Professional Guidelines from the Society of North American Goldsmiths. Don't let the source fool you. These are for all artists—not just metalsmiths.

Harriete Estel Berman is the author of an ongoing series of Professional Guidelines for artists to promote understanding, checklists, and practical solutions for recurring issues in the art and craft community.  The Professional Guidelines are available as both word and downloadable PDF files on the SNAG (Society of North American Goldsmiths) website. Harriete has also organized the professional development seminar prior to the SNAG conference for the last three years.                                                                      

Harriete uses recycled tin cans to construct artwork ranging from jewelry and teacups to entire lawns of social commentary.  Her work has been shown throughout the United States, in Europe and Africa; and included in numerous museum collections.

                                                                     

For images and more information about Harriete, visit her Web site. 

 

Consignment Contract Closed - What shall I do?

Dear Ask Harriete,

I've had a consignment relationship with a gallery in my hometown for three years. My work has been selling regularly (about one piece a month) and occasionally I get commissions through them.  Our current contract goes to January 2008.  Yesterday, I got a curt phone call from the gallery manager informing me that the owner of the gallery has decided that she detests my work and wants it out of her store yesterday.  But we have a contract! What should I do? The whole thing has me very upset.
- Confused & Hurt

Dear Confused and Hurt,
Prepare yourself to move on and look to the future. Yes, the gallery owner should honor the remainder of the contract.  Alternatively, after communicating her new opinion to you, the gallery should have “offered” to let you agree to terminate the contract early, if both parties mutually agree to terminate.  However, in this case, even if you had the will or means to legally force the gallery to continue representing your work until January, do you really want this gallery to represent your work further?   If your work is displayed at all, it would be in the least desirable location, perhaps in a bottom drawer in a dark corner.  Trying to enforce the contract for only three months can only create additional ill will.

Most importantly, how do YOU want to be viewed in the art community?  The gallery owner has behaved poorly.  Therefore, I think your best course of action is to put on your professional and most pleasant “face.”  Reply immediately with your preference for return shipping (for example USPS, registered, insured mail) and say something to the affect that you “have enjoyed working with the gallery and feel that it has been a productive relationship.”  Keep on the best terms possible.  You might also thank them for representing your work for so many years and that sometime in the future, when you have a new body of work, you will contact them with images of your new line.  With this most positive and professional reply, perhaps next time they host a group show, they might consider including your work if it is appropriate to the theme.

When you receive the returned work, unpack and check the condition of the work within three days or less.  If everything is returned in good condition, follow up with a letter or email saying that the work arrived safely and in good condition and that you will look forward to working with them in the future.

Your reputation as a professional is important. Artists and galleries do talk among themselves.  Your demeanor in this difficult situation will hopefully show other galleries that you work as a professional and a new gallery will want to represent you soon.

Contracts only help to organize an ongoing business relationship.  If the relationship is finished, then the contract does little to revive it.  The real value of a contract is to convey the initial intentions of both parties – to itemize mutual agreement on specific items and to guide preferences for handling most potential situations (such as early termination of the contract or subsequent modifications to the contract).  As business relationships change,  expect that contracts should be modified or terminated accordingly. 
Sincerely,
Harriete Estel Berman
bermaid@harriete-estel-berman.info
www.harriete-estel-berman.info