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Should a customizer be held responsible for breaking a doll/doll part?

Jun 16, 2007

    1. I think yes they should assume all costs of any broken property you sent to them.
      What I am wondering though since Jinnayah mentioned above that even in PM you are agreeing to a contract, what if the customizer is under 18? I know in my area if you are under 18 you cannot legally enter into a contract. Other than telling everyone you could that the person ruined your property, I don't know if you would have much recourse for minors.
       
    2. That's a really big reason why I didn't include "bad mods" in this topic... because that area seems a lot more gray and subjective than a litterally busted head that anyone can agree is ruined. :)

      Yeah! This is another thing I was shooting at with this topic. I don't see a lot of the commission and customization threads here as "actual businesses". Just a bunch of kids and hobbyists like myself looking to be artistic, and maybe make a little money while they're at it. That's not to say that I don't think customizers shouldn't be held responsible (cuz I do) I'm just saying, in the imperfect world we live in... how secure is our stuff in events like this? Especially in an informal environment like DoA where not everyone is a professional?
       
    3. I've thought about this many times before. Simply I won't take on anything too risky (I've done all kinds of things, but there is a point were have to I draw the line). Hypothetically, If I were to damage a doll and it was my fault, I would tell the customer first thing and work out an arrangement with them (to fix it, replace it, etc). I couldn't live with myself if I didn't.

      Sera~
       
    4. Well I think you ever have the risk of an accident... and you have to be sure that you want to send a head or wheteaver to someone, but I also think that if it's an accident that has happened to the customizer he/she is the one who has to be responsable of that o.ó I suppose that it will depend on the person: maybe she/he is so sorry and try to help you with the disaster... maybe he/she says that you are responsable for that ¬¬U All depends of the person, but I believe that the honest actitude will be help the person who has sent you her head, doesn't?
       

    5. legally, if the customizer is under 18, their parents or legal guardian are/is responsible. so if an under-18 customizer accidentally trashed a head or doll, whatever adult(s) is responsible for their care would be responsible for replacement or repayment for the damaged item.
       
    6. One could conceivably make a comprehensive disclaimer document that has to be signed by the customer beforehand, stating you're not responsible in case of "acts of god" unavoidable accidents, etc., and stating you'll take reasonable care, but then people get into the "what's reasonable care" debate. Such a document might be helpful in a formal court case, but I wonder about even trying that in a setting like this, where word of mouth and general discussion can be as important as monetary factors to your business survival.
       
    7. You know what's funny? Earlier today, before I saw your post, I was talking to my sister and asking what she thought about the acceptability of asking a customizer if they're 18 or over, because I'm thinking about sending a head out for a face-up, and I'm concerned about just that issue. I think where I live, it's basically that a minor can enter a contract, but it's not exactly binding and they can get back out at will in most cases.

      Related back to what Turynn was saying, there's also the issue that legally binding or not, there's the issue of enforcement. Where I live, I think even an expensive limited head would still come under the small claims court system, and that's not really set up well for cases where the two parties are far apart. If someone didn't want to replace the doll from an ethical standpoint or in the interest in avoiding the bad word of mouth, a person would probably spend more prosecuting than it would cost just to replace the doll themselves.

      And again, I'm a layman, so I could be completely wrong here.
       
    8. I would have to say that it is the fault of the customizer if the damage occurs while the head or whatever, is within their possession. If this happens then by all means the customizer should either pay you the full cost of what was damaged or, buy a replacement and finish the job they were paid for at no extra cost. Maybe even give you customer credit for the next time. That's just good business practice. And, while I understand that accidents can happen, in a business contract, you can't just say oops I'm sorry.

      If however, the head arrives damaged to the customizer, or is damaged in shipping back to you, then you get to take it up wit the shipping and packaging guys.
       
    9. Pure & simple, YES!
       
    10. Okay I read everything and a couple posts above this one it's mentioned if the head arrives damaged it's the shipping company's fault. I think a good way to ease the fears of the owner of the doll is to take pictures of how the head arrived so there is no dispute over a crack that shows up when the head arrives back home. Although when shipping any doll or doll part, the shipper should have made sure there was enough protective packaging to ensure that the part would not be hurt if the box it is shipped in is damaged badly (and I've seen bad packages arrive in my time and thankfully what had been shipped had been packed well).

      And my view on the whole under 18 customizer, I would ask for a phone number and talk to the parents and get the parents to agree to pay for something ahead of time, not to mention they might want to know what their minor child is planning on doing with someone else's property ahead of time. Customizing whether as a hobby or a part or full time business is a business and when property is handed over for the purpose of having something changed the owner should expect to get the item back in the same condition as they had shipped it in (barring what the shipping service might have done, but again the insurance thing comes up).
       
    11. As someone who is going to open up to do face-ups... YES. The customizer should take FULL RESPONSIBILITY. I'd feel awful. I think they should first tell very apologetically the head owner fist, offer to buy a new one, send back all money for the face-up including shipping, and do the face-up for free and ship it for free. I would also probably offer another one or two free face ups should they trust me ever again =\.

      But I have NEVER seen this happen because most customizers/artists know what they are doing. But accidents do happen.
       
    12. heckz yes the customizer should be responsible! yes there are risks to sending your doll away but the commissioner has a reasonable expectation that the customizer will care for their doll in a responsible and least intruisive manner as possible. if the accident were to happen in the mail i would take it up with the post office "OI! YOU BROKE MY 500$ DOLL, PAY UP BEEOTCH!". or you could burst into noisy sobs in the middle of the post office. ^^

      in short yes, the customizer is responsible for taking care of their commissioner's doll to the best of their ability. the only way they wouldn't be responsible is if something completely beyond their control happened such as there was a tornado that tore through their house and destroyed all their belongings along with the doll. U.U
       
    13. Yes I think they should be held responsible if something happens. You trust them with your item and you should have it in good faith they will do their utmost to look after it.
       
    14. Hands down-YES! The customizer is liable. Which is why (buyers beware) one should go to a reputable customizer.
       
    15. Definitely yes.
       
    16. Well its a simlpe answer YES absolutely they should be held resposible ....but if you send your precious head off to a reputable customiser then they would invariably own up and reimburse the cost etc.
      so i guess its a case of doing your homework to find a totally trustworthy customiser in the first place then at least your mind would be at rest that if anything did go wrong then a drama wouldnt be a crisis.
       
    17. Of course! Costumisers should only offer services that they are capable of doing, still... accidents happen, even to the "professionals", but it's in the interest of the costumiser to solve things too, otherwise he/she will have a bad reputation.

      slrphebos's idea is pretty good!!! For the interest of both the costumiser and the owner of the doll, a photo should be taken of the doll as it arrives to the costumiser, if possible with it's old faceup, so the costumer knows exactly how it arrived when nothing has been done to it yet by the costumiser. Another photo of it should be taken just before it is shipped. That way responsabilities are clear to everyone.
       
    18. Definately. The customizer is fully responsible that happens to the doll while they're working on it, except for natural disasters (earthquakes, tornados, hurricanes, floods)
       
    19. I've painted heads for about a year now, and I know what I expect from both myself and my customers. There are three times I worry about about the state of the doll:

      1) When the doll arrives from the customer
      I've had dolls arrive with chips, scratches, permanent stains, etc. which aren't visible under the head's currently existing faceup. They may be a result of shipping, of a previous customizer, or of just plain wear and tear. Doesn't matter. When this happens and I discover it upon cleanup, I immediately take photos and contact the owner. (I don't want them to think *I've* scratched/chipped/stained their doll!) If a doll arrives with flaws, I truly believe it's the owner's responsibility. The same goes for if someone sends me a head and doesn't insure it properly but the US mail eats it. Or if the owner sends me the package and it's lost forever (this has actually happened to me--thankfully the owner had insured and tracked the package, so they *knew* it never arrived). ALWAYS insure & track your dolls!!!

      2) While the head is with me
      First off--note that I've never damaged someone's head. But for the purposes of this thread, suppose my house burned down with 5 beautiful limited heads in it. That's on me. As the customizer, it's my JOB to make sure that head gets back to the owner in the condition they expect. It doesn't matter if the damage was caused by a freak accident or by my clumsiness or by my neighbor's dog. Tornados? My responsibility. Floods? Ditto. Theives? You betcha. If I have a head, I am responsible for it. Period. In practical terms, I've often thought about what I would have to do if something *did* happen, and it comes down to this: if it's possible to replace the head, that's obviously the best scenario, even if it takes time. (For instance, Volks will usually work with customers who have broken LE heads if they send them back to Sato.) If the head is irreplaceable, then I'd owe the owner the full market value of the head in my country.

      3) When the head arrives back home
      The recipient of a package cannot, to my knowledge, file a claim using the USPS. Therefore, it is always on the sender to make sure that the item is fully covered (which is why #1 is the owner's responsibility). Thus, getting a head back to its owner intact is ALSO my responsibility as the customizer. I MUST insure the head or heads for their full amount when I mail them. Period. I charge my customers some of this amount. I charge customers $7 to mail a head + $2 for each additional head; however, it actually costs a minimum of $7.90 to mail a head priority with delivery confirmation and insurance for $200. Some heads are worth more and cost more to insure, so they're higher. It's on me to cover the difference. If a head *doesn't* arrive home or arrives home in poor condition, all an owner has to do is let me know so that I can file a claim.

      I suppose it comes down to this: each doll is very, very precious to its owner and I try to respect that bond as much as possible.
       
    20. I disagree on the natural disasters. The customizer is responsible for paying for the doll in that case, too, because the customizer's home insurance should cover it. The doll owner's probably will not. Naturally, I think a little patience on the part of the owner is in order in such a case, and they might want to see if their insurance will cover it (as personal property) instead.