Teddy Talk: Creating, Collecting, Connecting

Better than Paxil and Prozac?  Wow, ladies... that's high praise indeed.

I also love coming here; it's a little respite from what can sometimes be an icky, sticky world.

I think a little peace of mind and support can cure anything.  It was either Princess Diana, or Mother Teresa -- or both -- who made comments to the effect that all the world needs to really cure itself is love... and that the one thing people suffer more from than any other is a lack of just that: love.

Friendship takes many forms; I'm glad you're all in my "circle!"

I have no idea why, because it's not really all that fancy, but THIS is the bear I wish I could have kept; BABOO.  He was sold through my east coast retailer, Collins Gift Shop (they carry some wonderful artist bears, if I may refer to the OTHER artists represented there! :P) and wasn't even created from a particularly fancy or lush fur.  I just... liked him a lot.  But the bills, and my commitment to getting a bear to Collins, called, and he had to go.  I still miss him.  :(

They're not well machined, but probably even more significant to this problem, the metal is about as rigid and sturdy as a piece of vellum.  It's like... solder.  Just twisting the end cap off breaks the threaded portion of the handle right off, and leaves it stuck in the "hole" part of the end cap.  Ugh.

Happily, these things cost about $2 or less each.  I'm less worried about getting my money back than I am about staying on target with my timeframe.  It also bugs me to HAVE TO make extra trips to the craft store when I would otherwise (for once) rather be plowing thru my workload.

Anyway... enough griping, Shelli!  Thanks for the idea, esp. about using lubricant.  I didn't think of that either!

Hey, I hear ya, and agree 100% that it's always better to get a signature.  A notarized one, if possible, when it REALLY counts.

But because we're talking about contracts that will not contain an "original" signature -- in every case they would be faxed, or scanned, or transmitted via email -- I'm not sure how binding that signature might be.  Any idea on that, Kim?  I'd love to find out.

Again, tho... my larger point is not that "getting a signature doesn't matter in contract enforcement."  It most certainly does!!!

Rather, my larger point is that, signature or not, a contract is only enforceable if the contract holder/writer is willing to pursue the consequences of said (broken) contract with a "higher authority."  In other words, I'm not stressing too mightily over not getting signatures on my layaway contracts because, if someone defaulted, I wouldn't be forking $330/hr. over to a lawyer, with a $2500 retainer up front, just to recover $300.  Especially since, in every case where layaway is concerned, I still have my product in hand and can resell it elsewhere at my sole discretion.

I don't know about you guys, but in Calfornia attorneys don't come cheap... and my time, a valuable commodity, doesn't either.  I'm not really planning on taking anyone who breaks one of my contracts to court (although I would report them in a heartbeat to PayPal or eBay.)  And to the best of my knowledge neither eBay nor PayPal require signature as proof of contract.  If someone knows definitively otherwise, please let me know!

I'm not remotely trying to be argumentative here, and I certainly don't know everything about contract law.  I'm just wanting to make sure you guys aren't getting all anxious and nervous about using layaway contracts (which can be an enormous help when your bears reach a certain price point and people wouldn't otherwise be able to adopt them!), jumping thru too many hoops.  Just keepin' the big picture in mind here... ;):D

You guys are stars.  Actually, Winney, you've given me a lift with your idea of trailing ribbons.  I'm gonna try to incorporate that. 

Laure, your idea of couching the wire onto the front band is wonderful.  I considered stringing the wording there but thought it would sag and couching didn't even occur to me.  Now, how to actually DO the couching... maybe small holes are required.  Must... think...

Thanks, ladies!

I think I get what you mean, but that's not quite the effect I was after.  I wanted the beads to BE the handle, ya know?  Man, I hate when lousy manufacturing gets in the way of a good idea.

I think I may end up going with your idea of getting some thick wire and then threading it thru the brackets and creating an interesting loopy or twirly shape.  That kinda "goes" with the Willy Wonka concept!  THANK YOU.

Good point, Laura.  But I think if there is a standing contract with specified amounts and terms that would also serve as proof of default/contract even without a signature (otherwise, how would the buyer know exactly the amount to pay per installment?)  Thankfully I haven't yet had to put it to the test.  But that's some real food for thought...

Also, with my own layaway customers, they usually pay me with means other than PayPal (personal check, usually, or cashier's check.)  My customers that use PayPal seem to use it for the entire purchase, and they tend to use it immediately (like, five minutes after the auction closes!)  That might just be my experience, tho. 

Maybe, Laura, you make a good point; that perhaps one should NOT accept PayPal for layaways, so that there is no possibility -- signature or otherwise -- that a "chargeback" could occur. ???

Anyone else have thoughts on this???

Ooh!  Found one.  This is what the locally available handles at Michael's look like, and the problem I'm having is that the end pieces -- which screw off -- keep breaking, so I can't re-attach them.  I'm doing it so, so carefully; they're just badly made. ;(

Screwed on.  So if I use the brackets, any handle I would attach would have to also have little "loops" at the ends.  Wish I could find a better picture... can't, tho.

Good point.  No holes in the box, tho.  The handle ends have little "loops", and the "loops" are held onto the box top by two little brackets.

Okay, so here's my problem.

As I mentioned in another post, I am making a piece for TBAI.  Part of it is a "cigar box purse", to hold the bear I'm making, that I am painting, decoupaging, etc. to match my chosen theme:  Charlie and the Chocolate Factory.

You can buy these "cigar box purses" at Michael's.  Michael's also sell handles for the boxes, and hinges, etc.  I bought a handle and some alphabet beads to spell out, "Charlie and the Chocolate Factory" on the handle.  It all looked great!

This is the exact size box I am using, and the type of handle I bought.... as decorated and displayed on the Michael's site.

Everything was looking great, that is, until I tried to actually USE the handle.

Turns out, those pre-made handles are terribly cheaply made.  I've gone thru two of them now; the little screw-on piece at either end of the handle (you unscrew them to add beads to the handle, then screw them back on to "close") keeps either stripping the threads on the wire handle piece, or just plain breaking off!  In other words, I can't USE those handles.  They are way too fragile!  And they come in the package already messed up; the threads are already misaligned, so simply unscrewing the handle ends breaks the handle before you even begin!  AARGH!

So, given all the work I've already put into the box,  I need to come up with some other handle concept if this is to continue being a "purse" concept... preferably a handle concept that allows me to still use my alphabet beads.

Anyone have any bright ideas?  We have a lot of crafty folk on this board who are into way more than just bearmaking.  Help me brainstorm!

I've considered using a drawer pull for the handle, and then using some kind of string or wire on my wooden box for the beads... but I can't "picture" how it would look, or where to put the strung words.

Helppppppppp!

Well, here's the bottom line, when it comes to enforcement of contracts, or copyrights, etc....

The truth is, if someone defaults on a contract, or infringes on copyright, it might well be morally "wrong," and clearly so... but if you don't have a lawyer, or the means to hire one, or the gumption to pursue things all the way to court (even small claims court, where you get to be your own lawyer!), then there's essentially nothing you can do.  Except feel lousy, gripe, or take small actions -- like, in the case of an eBay auction, reporting the nonpaying party to eBay.

So when it comes to my layaway contract, I try to keep things as firm and tight and carefully explained as possible.  I haven't yet had any bad experiences.  But if I did, it would be just a case of, "Hmmm... Well THAT sucks."  I mean, on the most practical level... it's not like I'm gonna take anyone to court over a broken layaway contract.

However, the important part -- in terms of doing smart business -- is that I COULD take contract breakers to court, if I so chose.

So you have to take the entire "contract" thing with a grain of salt.  I'm not sure having a signature or a scanned copy makes it any easier to enforce a layaway contract.  It does give the extra validation of a signature; if it ever came down to presenting evidence to a judge or jury, that might be of use.  A signature does not guarantee payment, or payment on time, tho, any more than not having one might.  And the only way that seller -- even WITH that signature! -- could enforce her contract, would be to take that person to court, or pursue other legal means.  A huge, HUGE hassle that would be, with monetary and time costs that make it not remotely worthwhile for most people.

I'm not remotely trying to discredit that seller, by the way -- who has a wonderful idea there that any lawyer would fully support! -- but rather, to speak realistically here.  And realistically, signature or not, if someone broke a teddy bear purchase contract, it's unlikely any bear artist would pursue payment by taking that person in front of a judiciary that could USE that signature to hold accountable the contract breaker, and thus, FORCE compliance with the terms of the contract.

So, in developing your own contract... just some food for thought.

I'm glad my model might be helpful.  I think it's fairly tightly written (I blame all those years working as an admin asst. in various law offices, and the fact that my sister is not just a lawyer, but a military (JAG) lawyer... in DC, no less), but I'm sure there are loopholes.  Please advise if you spot any!

OH, yay, yay, YAY on you all!  I'm so glad things go well.  And also, that we're getting some positive spin for eBay on the board here, based on real (and current) experience.  I have an admitted pro-eBay bias and was getting concerned that folk were gonna skitter away; it's a great sales venue.

On other notes... I also once received a note from one of my bears, ERNIE.  He lives in France and his owner emailed me a picture and some greetings from him last Christmas season!  It was wonderful to receive.  I love collectors that do that!

PS  Just wanted to add, by the way, that I do edit this document with the precise information for each auction and then e-mail a copy of that edited document to the high bidder.

Also, on occasion I will have a customer who really wants a bear but can't do the three-payment plan, so then I just divide the payments into four (instead of three) equal amounts and revise the contract that way.

Whatever works for you and your collector base is what's best!

Louise, you have yellow walls, just like me!  Unlike me, tho, you have a helper with "hands;"  all my "helpers" have paws (and four of them, at that!) instead. 

Lucky you...! ;)

PS  Stop calling them POTTY BEARS!  They are too cute for that misnomer!

First let me log the disclaimer that I am not a lawyer and this document has not been authored by a lawyer.  If you choose to use it as a model for your own layaway contract you do so at your own risk and I cannot, either as an individual or as a business entity, nor can Intercal as board host, be held responsible for any business transactions you undertake which may rely on this document.  And bla bla bla... ;)

Hope it's helpful!  Also, if anyone has suggestions for improving it, I'd be delighted to hear them.  I learn something here every single day, too.

SKIPPER is absolutely wonderful.  Is she a new piece, or an adopted one?  Curious minds want to know...!

Sure, come on over.  I am a terrible hostess and can offer you... anxiety, with a side of Earl Gray.  Plus, soaking up all the studio sights you are after, of course... :)

Actually, my studio is the only neat room in my house.  I can't work in a messy environment; it literally makes me want to tear my hair out.  I try to keep it as neat as possible because I have to go IN there and work!  Gotta keep things positive and pleasant.

Yes, the big basket next to my desk contains stuffing; lots of it, about two Walmart boxes full.  And there's more to be found elsewhere waiting its turn!  I do have a scrap basket; it's smaller but looks just like the stuffing basket (same color, same red striped liner.)  It's in the first picture, at the very back, next to the edge of the bed.

No, I did not make the bunny.  It's one of those cast resin pieces and, like much of my interior decor, comes from Ross or TJ Maxx.  I pride myself on being able to decorate on a shoestring and think those two shops have some of the greatest knick-knack stuff around.  The bunny holds my business cards.

The photo studio is pretty much as you see it.  The walls of the closet themselves create a light-bouncing environment and are my "light tent."  I do diffuse the available light with sheets of translucent fabric; you can probably just make it out, tacked to the wall.  I use six fluourescent bulbs per side and two overhead... plus the silver-domed shop light (with a regular bulb inside) and the clip-on halogen light at the side (occasionally) when I shoot my bears.  The backdrop just clips to one of the closet rods with giant work clips from Home Depot.

Most of my supplies are at my desk on the shelves (in baskets or canning jars), or in the drawers (that's where I keep all my hardware in a plastic storage bin; stuff like nuts, bolts, washers, cotter pins, etc., in bulk.)

The brushes, pencils, pens, and tools are upright.  Most of them are to the left of the sewing machine.  The tools are in a paintbrush caddy at the far left side of my desk.

The storage cube holds fabric, paint, and accessories that I collect at places like Salvation Army or vintage shops or even on eBay for use "someday."

I'm proud of my studio and worked hard to make it a "professional" place where I could stand to spend a lot of time (truly, a necessity when you're sequestered away all alone, all day long, every day.  Gee, that sounds awful.)

I'm glad you're enjoying the visit, and thanks for the very kind compliments on my "office!"

My mom says they look like seals before their ears get attached.  I can kinda see that...

Thanks for the compliments on my newest bruin.  This bear will be Willy Wonka, for my TBAI piece based on the children's book Charlie and the Chocolate Factory  The piece in its entirety is a donation, with all proceeds going to endangered species.  Check the finished piece out -- or, better yet, adopt it and take it home -- at the TBAI show in Binghamton, New York, later this fall!

I took some photos of my studio today for the "Workstation" thread, and happened to be working on a bear at the time... so I thought I'd add a picture of my bear-head "stand" as we discussed it a few days ago; it's a canning jar!

Please excuse the desktop clutter; I was mid-paint-job when I stopped to shoot a few snaps.

Thanks for the compliments.  But do know that, in every location where you see a basket, bin, or drawer, there is stuff jammed to the gills inside, in no particular order whatsoever!

Welcome to the POTBELLY BEARS studio!

Please, come in...

CHANCE, our sole male kitty, will be your guide.

Walk straight past CHANCE and look to your left; you'll see my photo studio (formerly a nicely sized closet.)

Just to the left of my photo closet, and behind the door which you came through to enter the studio, is my wall of ribbons and beads, wires and bows.  I also keep my laminating equipment, business cards, hangtags, and crochet string here.  There is a cutting board (for paper) and a cutting mat (for fabric), with a rotary cutter nearby.  My "to-go" bag (where I put any work I'm taking on the road) hangs on the chair.

Turn completely around and you will see the main work area of my studio.  It contains a gigantic IKEA desk (very reasonably priced, for those of you on the lookout for something new) which keeps almost everything I need within arm's reach.

CHANCE and GINGER are my "helpers" when I sew.

I hope you enjoyed your visit; please come again!  :D

PS  YES, those are Intercal mohair swatches, which I grouped by category and hung on rings, clipped to the right side of my storage cube by the door!

It's like grown-up paper dolls, but with waaaaaaaay better clothes and hair than I remember!

In my layaway contract, which I e-mail, I specify the total price, the amount due per month, and the due dates for each payment (I call them "deposits"); the totals include any shipping and tax due.

I also specify that the first layaway payment constitutes agreement with the terms and conditions of the contract.  The buyer wouldn't otherwise know exactly and precisely how much the first layaway payment (incl shipping and taxes) even WAS, if they hadn't read the contract and started a course of compliance with its terms.

If you'd like I can e-mail or post a copy of my layaway contract as a model.  It's worked well for me to date!

Oh, how fun!  I didn't think anyone would visit AND post their "doll!"

We are all of in need of some serious get-back-to-business therapy.

Love you gals,