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Real Deal

After 2 Clients Divorce, an Owner Must Decide Who Owns the Store Credit

Is it hers? Is it his? Is it theirs? See what jewelers said.

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Beverly Greer had been a regular customer at Richmond Jewelers for as long as Ed Richmond could remember… at least 20 years by his count. Richmond was her “go to” shop for special, personal gifts as well as for gifts for associates and clients of her real estate business. It was only on rare occasions over the years that Ed actually saw Beverly’s husband Stan, though he’d often heard about Stan when Beverly came in to choose her own birthday, anniversary or Christmas gifts.

ABOUT REAL DEAL

Real Deal is a fictional scenario designed to read like real-life business events. The businesses and people mentioned in this story should not be confused with actual jewelry businesses and people.

ABOUT THE AUTHOR

Kate Peterson is president and CEO of Performance Concepts, a management consultancy for jewelers. Email her at kate@performanceconcepts.net

It was a bit of a surprise back in the spring when Stan Greer came into the store himself and told Ed he was looking for something special as a surprise, “just because” gift for Beverly. He said that her business had been pretty hectic over the past several months, and that she’d been working harder than usual taking care of both her clients and their home, as he’d been spending a good deal of time traveling for his own business. He wanted to let her know that he recognized and appreciated her efforts. After about an hour of looking at new arrivals and reviewing Beverly’s purchase history for items Ed knew she’d chosen for herself, Stan settled on a simple ruby and diamond bangle that the store had in on memo for just over $4,300.

About six months after the purchase, Beverly came in to see Ed. She brought the bangle with her, hoping to return it. She explained that as much as she appreciated the thought, the style just did not work for her. The bracelet had never been worn, but her schedule had been so hectic recently that this was the first opportunity she had had to bring it back. Ed told Beverly that under normal circumstances, he would gladly make an exception to his 30-day return policy for her. Because the bracelet was not owned by the store and had been purchased from the designer when Stan selected it, though, the best he could do was to issue a store credit for the purchase amount. Fortunately, Beverly was more than understanding and was happy to leave the credit on file to use against future purchases. It was written under “Stan and Beverly Greer,” the names on the store’s client account record.

On a Friday two months later, about a week before Christmas, Stan visited the store again, this time looking for a diamond solitaire pendant. He said he knew that the bracelet had been returned, and that he wanted to stay in the $4,000 price range, hoping to use the credit he had on file. When Ed mentioned that Beverly already had a diamond pendant, Stan looked a little bewildered. He told Ed that the bracelet was actually a “make-up present” of sorts that didn’t go over very well. He said that he and Beverly had divorced several months ago, and the pendant was for his new lady friend. He was surprised that Beverly hadn’t said anything when she came in with the return.

Red flags and warning bells immediately came to Ed’s mind. He told Stan that although he had made the purchase, it was Beverly who actually returned the bracelet. He explained that with a divorce involved, he would need to do some research to determine who actually owned the credit. He offered to hold the pendant Stan had chosen and asked him for a few days to work it all out. Stan was not happy, but he understood that Ed was in a difficult position. They agreed to talk again the following Monday. Ed couldn’t help but feel that any decision would end up being messy and costing him a customer.

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The Big Questions

  • With both names on the file, whose credit is it?
  • Even though Stan paid for the bracelet originally, did the act of giving it as a gift make it Beverly’s property — thereby making the credit hers?
  • Does Ed have an obligation to call Beverly to tell her that Stan is trying to use the credit?

Expanded Real Deal Responses

Antonio S. New London, CT

This just happened to me with an outstanding credit of $13,000. Stay clear of the issue. You don’t want to get in the middle of a marital dispute and lose both clients and more also. I told them to return their decision to me in the form of a notarized letter stating how I was to proceed. Everyone is happy, finally, almost a year and a half later. Phew…

Bruce A. Sherwood Park, Alberta, Canada

Ed may have noted both names on the in-store credit. However, Stan was the original purchaser and should be the recipient of that credit.

Marc F. Houston, TX

If the return was made while they were still married and not “finally” divorced, it’s 50/50. It should have been listed as an asset (like stocks). If the purchase was made after they were divorced, I would contact both attorneys and get an agreement from both in writing. This could cost Ed a lot of money in legal fees. I’ve had this thing happen to me; thank goodness I keep security tapes on these types of transactions. Saved one client a million dollar judgment on his estate!

Tracy W. San Gabriel, CA

You may indeed be fortunate that the credit is written “Mr. AND Mrs.” At least in California, that requires the two listed owners of the money to both sign off on it. If you had written “or,” it would be more difficult legally to refuse full use of the credit to the husband. Verify with your attorney — extremely important.

Ira K.  Tallahassee, FL

Ed’s lawyer will have the legal answer, but my gut tells me that since it was a gift (not a contract like a diamond engagement ring), the bracelet and hence the credit belongs to Beverly. This is on the assumption that it wasn’t part of the divorce settlement. As to letting Beverly know of Ed’s attempt to use the credit — NO! Tell her to come in and buy a nice piece of “I’m divorced” jewelry.

Michael J. Port Charlotte, FL

Had Stan not said anything about the divorce, he would have used the credit without question and Ed would have had to deal with Beverly later; this situation could allow Ed to dodge a larger bullet later on. Given the fact that Stan and Beverly are no longer married, I would notify her immediately since both names are on the credit. Additionally, the fact that this was a gift makes me believe the credit should be transferred to her name.

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Marcus M.  Midland, TX

Ay ay ay!!! This has to be one of the most dreaded situations for jewelers. I would dare to say that the credit stays with Beverly since it was a gift, but seeing that she never wore it, returned it and Stan actually paid for it … I don’t know. I would definitely consult an attorney to see how this would pan out legally. And I might call Beverly and give her the run down and play it off of her reaction. It’s 99 percent likely that she’ll flip out and demand that the credit is hers, but there is that 1 percent chance that she releases it to Stan. That’s the best solution in a perfect world. The only problem: this world ain’t perfect. Good luck!

Marc A. Southampton, PA

The credit was issued to both parties. Having information of the divorce, the ex-wife would need to be contacted and would need to be brought in to authorize the use of the credit. If this was not amicable solution between parties, an attorney would be brought in to complete the transaction.

Adrienne R. Beverly Hills, CA

If this situation were to occur in California, I believe the credit would be shared legally by both husband and wife, equally, as community property. The quickest way to handle the situation is for both husband and wife to agree to share the credit to eliminate the issue from future court proceedings.

What’s the Brain Squad?

If you’re the owner or top manager of a U.S. jewelry store, you’re invited to join the INSTORE Brain Squad. By taking one five-minute quiz a month, you can get a free t-shirt, be featured prominently in this magazine, and make your voice heard on key issues affecting the jewelry industry. Good deal, right? Sign up here.

Kate Peterson is president and CEO of Performance Concepts, a management consultancy for jewelers. Email her at kate@performanceconcepts.net.

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Be Ready for ‘What Do You Have for $100?’ and Other Holiday Questions

As Christmas approaches, the queries you’ll hear from customers are actually pretty predictable, says jewelry store training expert Jimmy DeGroot. Here's how to make sure your team is prepared for the more common ones.

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Real Deal

Town Hopes to Immortalize Local Jeweler and Watchmaker with Sculpture

Town hopes to immortalize local jeweler and watchmaker with sculpture.

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EACH YEAR, OUR DECEMBER REAL DEAL tells a story that helps bring to mind the amazing privilege afforded us by our industry, and that reminds us why we do what we do. This year, we are honored to share the story of Stanley Caulkins, a Leesburg, VA jeweler and watchmaker, and the amazing impact he had on the people in his community of Loudoun County.

We’ve all heard the story — many of us firsthand from fathers, grandfathers or uncles. It’s the story of the dedicated American hero who fought valiantly for our country in World War II, came home, and with the benefit of the GI Bill, learned a trade that would become a vocation, a livelihood, and in some cases, a hometown institution. Such is the story of Stanley Caulkins — aviator, jeweler, watchmaker, civic activist, icon of humility and true community leader.

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Gene the Jeweler’s Rule: Never Buy the Same Piece Twice
Gene the Jeweler

Gene the Jeweler’s Rule: Never Buy the Same Piece Twice

Stanley was born in 1925 into a Baptist preacher’s family in Maine. At the age of 12, the family — including Stanley and his three brothers — moved to Leesburg, VA, the home of his father’s new church. He quickly became a familiar face in his new hometown, working to earn spending money through high school as a bellhop at the local hotel. While Stanley’s brothers went off to college (eventually becoming a surgeon, an engineer and a preacher), the self-described “black sheep of the family” chose a different path.

Five days after his 17th birthday in 1942, Stanley enlisted in the U.S. Army Air Corps. He became a radioman, assigned to the 96 Bomb Group, 338th Bomb Squadron and spent a good part of his time during World War II flying food drop missions over the Netherlands. During an emotional 2012 video interview for Loudoun Laurels, a tearful Stanley recounted that time in his life, adding, “I have had ladies in my store who told me they were eating grass till we started dropping food there.”

U.S. Sen. Tim Kaine (D-VA), with Caulkins at a Veterans Day event in 2015.

After the war, Stanley returned to Leesburg with the goal of learning a trade. He chose to follow the path taken by his maternal grandfather, who had been a watchmaker and goldsmith in Brunswick, ME. With the help of the GI Bill, Stanley enrolled at Peter’s School of Horology in Washington, DC, and began laying the foundation for a Virginia retail institution. After his training, he returned to Leesburg and went to work as a watchmaker in a small shop in the back of a local clothing store. In 1956, when a spot around the corner became available, he went out on his own, opening Caulkins Jewelers in the downtown Leesburg location he would operate for decades. His brother Roger — the engineer — joined Stanley in the business in 1970, making Caulkins a true family affair.

When asked about the secret to his long-term success, Stanley said, “There’s nobody that works for me that I wouldn’t give the keys to. I have trust. I have people who love me and I love them.”
Diane Canney, owner of Sunset Hills Vineyard in nearby Purcellville, VA, and friend and customer of Caulkins for over 20 years, says, “The old question is, ‘Who could you trust with your mother’s wedding ring?’ Stanley was my sure answer. Also, he had time to talk. You could come into Stanley’s shop six times, not select anything, and he wouldn’t chase you out.”

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While operating the store, Stanley took a leadership role in a wide range of community groups and civic activities. According to a Loudoun Progress blog post, Stanley was a “member of the local VFW Post, the Leesburg Town Council, an active Rotarian, a source of ‘reliable gossip,’ a voice of reason and man of action in local affairs.” He was a founding member of the Leesburg Airport Commission, and in 1962 helped lead the push to build the original Leesburg Airport. Later, Caulkins helped establish the currently used larger facility, where the terminal building today bears his name. “We built it with blood, sweat and tears,” Caulkins recalled of the effort. “I saw it as an economic tool for the town, the county and the region,” he said. “I was just a dumb watchmaker — but we built it.”

In 2015, a fire forced the Caulkins brothers to move their operation to a new location in the Virginia Village Shopping Center. Roger’s death and Stanley’s health challenges precipitated the store’s closing in the summer of 2017, after 61 years of operation. In the months that followed, Stanley crossed items off his bucket list at a pace few people half his age would contemplate. He spent time on the firing range, toured the Loudoun countryside in a motorcycle sidecar, took flights over the county, and hosted a constant stream of daily visitors and well-wishers at his home. With accomplishments that could easily have filled three lifetimes, Stanley Caulkins passed away Jan. 12, 2018, just three months past his 92nd birthday.

Sculptor Jeff Hall works on the life-sized clay bust of jeweler Stanley Caulkins.

The news of Stanley’s passing left many throughout Leesburg and Loudoun County feeling the sting of grief and loss. For Diane Canney, that loss felt very personal. She began looking for a way to honor the man who had touched her life and the lives of so many and who helped build a community. On the day before a public memorial service, Diane had an idea. She put pen to paper and began to sketch what she believed would be a fitting memorial. Her sketch depicted a bronze sculpture of the Stanley everybody knew sitting on a bench near his original store, with room for others to sit beside him. “Stanley would always make the time to sit and talk with people,” says Canney. It seemed like the ideal way to memorialize a man who did so much for so many.

Canney brought the sketch with her to Caulkins’ memorial service and showed it to his many friends. The response was overwhelmingly positive, and the idea came to life. The next challenge was to find a sculptor worthy of the undertaking. Friends of Leesburg Public Arts, a local non-profit organization, connected Canney with Lovettsville, VA-based artist Jeff Hall, a world-renowned sculptor. Hall apprenticed at the National Cathedral with sculptor Frederick Hart and has made his mark with works found in the Cathedral, at the U.S. Capitol and in other notable public and private spaces. He began the project by crafting a life-sized clay bust created from photographs, and a small clay model of Stanley seated. Hall will work these clay elements into a finished ensemble that will be cast in bronze at a foundry.

Hall has worked hard to incorporate different elements that were important in Stanley’s life into the bronze sculpture, including his signature jeweler’s loupe and penny loafers. He will hold a pocket watch to symbolize his beginnings as a watchmaker, an airplane in his lap for his work forming the Leesburg Executive Airport, and emblems representing his military service, the VFW and Rotary Club. A plaque on the bench will share Stanley’s life story, from his service in World War II to his stint as a Leesburg councilman.
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The last challenge to the Stanley Caulkins Memorial Project is securing the balance of funds needed to complete the sculpture. “We have raised a fair amount of funds to make this happen, but need more,” says Canney. The jewelry industry is the one large component of Stanley’s life that has not yet weighed in. For more information on the sculpture project and to donate via PayPal, go to leesburgpublicarts.org. Checks may also be made out to FOLPA and mailed to Stanley Caulkins Memorial Project, 312-F East Market St., Leesburg, VA 20176. Donations are tax deductible.

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Real Deal

When a Charity Job Goes Wrong, A Jeweler Questions Her Continued Involvement

A project to assist elderly residents at a nursing home takes a bad turn.

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Carole waite always believed in giving back. She had been the store manager at Quinlan’s, an upscale store in a high-end Southwest city, for more than 10 years. It was the community involvement and philanthropic reputation of the Quinlan family and of Anne Quinlan, the store’s third-generation owner, that attracted Carole to the store in the first place, and over the years, the company had supported many of the service initiatives she’d brought to the table.

ABOUT REAL DEAL

Real Deal is a fictional scenario designed to read like real-life business events. The businesses and people mentioned in this story should not be confused with actual jewelry businesses and people.

ABOUT THE AUTHOR

Kate Peterson is president and CEO of Performance Concepts, a management consultancy for jewelers. Email her at kate@performanceconcepts.net

About five years ago, one of Carole’s best customers mentioned that she and her husband had moved from their large home into a condo in Cliffs Vista, a highly regarded retirement village just outside the city. That conversation got Carole thinking. ‘The Cliffs” was an expansive, gated community with housing options ranging from independent living houses and condos to full-service nursing facilities. Knowing that there were a good number of Cliffs residents on the Quinlan’s customer list, Carole and Anne approached the community’s activities director with an offer to provide a weekly “concierge” service — free consultation and jewelry cleaning, as well as repair and appraisal take in/pickup and delivery — focused on residents in the assisted living buildings and others who might appreciate the added convenience of having a jewelry professional come to them. Their proposal was accepted, and Carole began donating three hours of her time each week to the project.

Response to Carole’s weekly visits grew steadily over the years as happy residents spread the word within the community. By 2017, the average number of repair and appraisal jobs taken in at the Cliffs each week had risen to just over 20 (though most were done at significantly reduced prices as a courtesy to the residents, and many were even free). In addition to the slight uptick in repair revenue though, Anne felt confident that Carole’s effort with the Cliffs community was an important contributing factor in the store’s consistent growth in sales and profitability.

In mid-May of this year, Carole ran into an especially challenging situation. Judith Gordon, a longtime Cliffs resident, brought her a strand of lapis beads in need of a new clasp. It was a fairly common request: replace the lobster claw with an easier-to-use magnetic ball fitting. The job was done to Mrs. Gordon’s specifications and returned a week after take-in. Carole took care to explain to Mrs. Gordon how the new clasp functioned and how to ensure that the magnet was secure when the necklace was on. It was working perfectly, and Mrs. Gordon seemed happy. The week after delivery, however, she brought the strand back to Carole again, complaining loudly that the magnetic clasp was defective and demanding that she have the original lobster claw re-attached. Carole could see that one side of the magnet had somehow been pulled from the clasp. She could also see that there would be no reasoning with Mrs. Gordon, so she refunded the amount paid for the repair (the store’s cost) and took the necklace back in as requested. It was returned the following week and it seemed that everything was fine.

In early July, Anne called Carole into her office and handed her a letter she had just received:

To the storeowner:

I falsely assumed, given a month, I would be able to overlook a grievous error made by your company’s Cliffs representative, but if you’re assuming I’ve overlooked it, you’re wrong. It still bothers me. I have not, as yet, shared my experience with other Cliffs residents and friends, since I consider it only fair that I share this unfortunate incident with you first.

I never had occasion to use your services until about six weeks ago when I met with your representative and left her with a necklace for which I wanted a magnetic clasp. When I picked it up a week later, it looked OK. She explained that I needed to “tip the magnet ball slightly” when attaching and removing. I tried the necklace on when I got home. Since some of my fingers on my right hand are bent due to rheumatoid arthritis, I could easily attach it, but had to have my husband remove it. When he did, following the “tilting” advice, the “magnetism” was no longer viable — obviously flawed. My husband immediately determined it was defective.

I returned the following week with the flawed magnet and explained what happened. Your representative said “interesting,” but she never apologized and acted as though we were obviously guilty of something. I gave her my necklace with the original crab closure to return it to the original condition and she returned my money.

Another week later, I returned and took my “repaired” necklace back home to try it on, only to discover: 1) The closure link is now two small links, making it very hard to work, and 2) the end pieces are twisted and don’t lay flat on my neck.

I have never considered myself to be mean-spirited and I am not one to “get even,” but I find your representative and your repair tech person to be guilty of a deliberate act of vandalism. I will now have to pay a real jewelry expert to repair the damage. I no longer have an interest in keeping quiet about this unfortunate incident with your store.

I am not asking for anything and will not have any further contact with your representative or your store. I just thought it fair to tell you this story first.

Both Carole and Anne were surprised and saddened by Mrs. Gordon’s rendition of the story, and they agreed that they needed to come up with a plan to resolve the situation. That conversation led to a discussion of the value of their ongoing involvement in various community and charity-related activities in today’s consumer climate. From the winner of the $3,500 designer diamond pendant in the hospital fundraiser raffle who demanded she be allowed to exchange it for something “more suitable,” to Mrs. Gordon and her accusations, it seemed that more and more people expected rather than appreciated the support of local businesses, and that the cost of giving back was starting to outweigh the benefits — to the community or to the store.

The Big Questions

  • Should Carole and Anne be concerned about Mrs. Gordon’s accusations and her threats to go public?
  • Is there a way for the store to resolve the situation?
  • In the bigger picture, are community service initiatives as valuable as they once were to businesses in terms of positive PR — or are customer “entitlement” attitudes creating diminishing returns?

Expanded Real Deal Responses

Eve A. Evanston, IL

What a great, appropriate subject! All of us face this quandary!
First, as to donations, we no longer give jewelry. Wherever possible, we instead donate an experience: the winner of the charity auction gets an evening cocktail party for 8, at our location, where they can bring an item to be redesigned, or simply have our designer sit with them and create a design while they enjoy refreshments and a tour, or a variation of this. We also throw in a gemstone and a $100 gift certificate to the winner to get them started (date and time to be arranged).

Regarding Mrs. Gordon and her peers, you have to be proactive. The owner and Carole should go to her, warmly, admit they probably did not carefully notice exactly how her necklace was strung originally (with our cellphones, it is so easy to document a repair take-in!), and also let her know that they respect her. It was a simple error and should not result in World War III.

Karen M. Oneonta, NY

Carole and Anne should consider revising the service offered at the retirement community. By going so frequently (and at considerable expense to the business), the headache it created did not justify the return. Perhaps a better use of their energy would be to schedule a visit twice a year, bringing along a small ultrasonic cleaner, some small hand tools and a laptop or collection of catalogs. That way, residents could have their jewelry cleaned and inspected, browse current offerings and consult about their jewelry needs. Repairs and purchases could then proceed normally at the regular location. This keeps in the spirit of the service but invites fewer problems.

As for the grumbler, Anne should reach out personally to resolve the complaint, but not otherwise worry too much about a spoiled reputation. Most likely, the woman is a chronic complainer and her contemporaries will “consider the source,” before thinking ill of the business.

Jacque E. Bonner Springs, KS

I think one should always be concerned about accusations. However, I don’t think customer complaints carry as much weight as they used to. I feel it is the jeweler’s job to make the customer aware of any issues that could arise when work is being done on a piece and note the issues on the receipt. Personally, I always caution my customers when it comes to using magnetic catches. I don’t like to sell them, so I try to guide them to an alternative. I used to have a customer appreciation promo and would give away a custom-made piece during my Christmas season. When one of my customers won the piece, he told his wife he had it custom-made, but she didn’t like it because it was too dressy and told him to return it. Of course he couldn’t return it for a refund, so he told her I wouldn’t take it back. She went around town telling everyone not to come to my store because I have poor service. NO MORE PROMOTIONS.

Gordon L. Santa Fe, NM

Several things disturb me about this situation. You should be proud of what you do and never undercharge; it devalues what you do in the mind of the customers and leaves no margin if things go wrong. The journeyman IS worthy of his hire!

It sounds like the magnetic clasp was faulty (magnet came unglued) and at this stage, a fulsome apology and explanation was needed.

As to the bigger picture, the jeweler is picking up a bunch of trouble with this setup. Older folks’ jewelry is heavily overlaid with emotionally charged significance and at the same time usually worn out. You touch it, you own it! Find an animal charity to support as you have yourself a lose-lose situation with this one.

Lee F. Reno, NV

Unfortunately the word “entitlement” fits here joined with another word, “elderly.” The words mixed together are more volatile than you might suspect. My suggestion: count your blessings and get out while the getting is good. There will be more to come from others, I promise you (been there, done that). All too sad but true.

Marc F. Houston, TX

It’s hard to put a value on a project designed to generate good PR. However, it is easy to determine a profit from a marketing promotion. To determine the “worth,” it’s all about ROI (return on investment). Let’s say that the company increased outside sales from 20 a week to 40 a week. The question is how much does it cost to service this outside community and how many sales AND HOW MUCH REVENUE was generated. That would be the clear answer.

Now about individual issues (come-backs, charge-offs). In my store, our accountant sets up a 5 percent return/charge-off budget. So on $100,000, the total returns should not exceed $5,000. In this case, charging the customer cost is not good business. More to this particular issue, the customer is always right. A phone call, letter of apology and a $20 store gift card would be appropriate. And I would not accept jobs from her again.

Glyn J. Victoria, TX

It seems Mrs. Gordon and her husband may be on the verge of dementia and not able to follow instructions correctly. The jewelry storeowners should meet with the owners and operators of the gated retirement community and the Gordons and explain the situation to them.

Explain what services they have provided to their residents over the past years. Let them know that if the situation can’t be resolved, that the services will be terminated rather than have their reputation tainted by one displeased couple. Explain that they have gone overboard to try to keep everyone happy and have gone so far as to even lost time and money trying to do the right thing. It sounds as though the Gordons are taking advantage of a good thing. It is a very sad situation indeed.

David B. Calgary, AB

I am going to hazard a guess and say that you will hear many readers say they have experienced something similar. I recall mine was with a Rolex that I refurbished and it stopped working every time the elderly lady left it on her night stand for the weekend. I ate that one as a charity event. Some among us will say that it is the spirit of giving that counts. And I agree, but when you get kicked in the backside over and over, it is hard to keep the spirit of charity in mind. I can say that just recently, I had a client tell me the reason they purchased an engagement ring from me was because of a donation I had made five years earlier. In 38 years in business, that is only the second time I can positively say I had a return on the charity. However, I still give to charities. In a world with such great need, I cannot turn my back. I simply make my choices far more selectively.

Rob C. Laughlin, NV

I would post a copy of this article on the condo’s clubhouse, pool area, and on the mailboxes to explain why she is no longer able to provide this service, but that she will still offer a discount to anyone from the complex that wished to bring in a repair or to make a purchase from her store. Hopefully people will get the correct story about what happened before the rumors fly!

Stacey H. Lincolnwood, IL

Assisted living facilities and old age care homes often house people who are suffering from various forms of deterioration and mental health problems that are not necessarily easy to recognize at a casual encounter such as a jewelry repair. Impaired people can do an enormous amount of damage to a business’s reputation. Maybe if Carole and Anne want to continue to do this, they should get a member of the staff at the facility to witness all transactions in case this kind of thing happens again.

Cheryl B. Coeur d’Alene, ID

I am sorry to say that yes they should be concerned, but there is no fixing crazy. I have customers like this and in this world of speedy packages coming in the mail, it’s a bust. I usually give a redo like this for free. If they have no money in it, somehow it fades away.
We live in a town that always has its hand out. I do many things for fundraising and we do get some recognition for our business. I lately have gone to giving gift certificates. I know that the charity does help get the word out about our business. We have a signature piece that we also will give. It is well known locally and no other company can make it. So my answer is yes, it is still important to give when we can because the clients are off their phones and attending an actual event.

David H. NSW Australia

There will always be cases like this where through no intent, a client becomes aggrieved. It is important, however, to cost all business activities and charge accordingly. If they were making sustainable income from this venture, would they be more motivated to stay? Be very careful which services you wish to discount in the name of charity as “no good deed goes unpunished.” I’ve found “one off” charity donations are more pleasantly received.

Suzanne L. St. Petersburg, FL

Contact the customer and apologize for not replacing it exactly as the original and offer to show her that customer service is first and foremost (even if you have to eat a little, it’s worth it). As far as the recipient of the $3,500 necklace, I would explain this was a donated item and is final.

Marcus M. Midland, TX

Carole and Anne should not worry about Mrs. Gordon. She seems like an unhappy and hateful human being who has nothing better to do. And most people she would try to badmouth Quinlan’s to probably think the same thing. I would also doubt she has many, if any, friends to even complain to. Carole did everything she could to right the wrong and it’s still not good enough. I don’t think you reach out to this mean-spirited woman again. NOTHING will satisfy her, so I would say to keep doing what you’re doing at the Cliff’s Vista and let your solid work speak for itself. It’s tough now days to try to do good in the community. People are so entitled now and don’t seem to appreciate acts of kindness anymore. It’s disheartening, but what do you do?

Joe K. Lantzville, BC

I don’t understand why it took her a month to come forward; it sounds like an easy fix. It seems nice guys finish last. There are people that have way too much time on their hands that come up with these complaints. I would personally talk to her and make it right.

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Real Deal

When A Competitor’s Going-Out-Of-Business Sale Lasts Four Months, A Jeweler Takes Action

For this retailer, the question is … to sue, or not to sue?

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It came as no surprise to local competitors last Nov. 15 when the signs went up at Glenwood Jewelers announcing their going out of business sale. Charles Glenwood had run the city’s oldest and most prominent fine jewelry store for nearly 40 years after taking it over from his father. His friends knew that he had been ready for retirement for some time, but just the thought of closing the fourth generation Southern store had him putting the decision off as long as possible. With their only child a pediatrician up north, no other family members interested and no outside buyers on the horizon, Charles and his wife had finally chosen to engage the transition sale company with whom they’d been talking since the beginning of the year. 

ABOUT REAL DEAL

Real Deal is a fictional scenario designed to read like real-life business events. The businesses and people mentioned in this story should not be confused with actual jewelry businesses and people.

ABOUT THE AUTHOR

Kate Peterson is president and CEO of Performance Concepts, a management consultancy for jewelers. Email her at kate@performanceconcepts.net

Dale Van Ander was not particularly happy with the timing of the sale. Only one strip center separated his store, Van Ander Diamonds, from Glenwood’s. He knew that it was smart of Charles to run his GOB sale over Christmas, but he hated that his sales would surely take a hit — with his store possibly finishing behind the previous year for only the second time since they opened in 1999. 

In fact, Van Ander Diamonds had long been a thorn in Charles Glenwood’s side. Though Glenwood’s was the “traditional” store and Van Ander’s the more contemporary and modern, Charles still saw them as fierce competitors. Rapid growth, numerous awards and a steady rise to local, state and even national prominence did little to change Charles’ perception of Dale and his company. He still considered them “tawdry newcomers” — a sentiment he was fond of sharing with both vendors and customers.

Despite their challenges over the years, Dale decided to take a philosophical approach to Glenwood’s sale. He and his team set what they believed to be reasonable goals for the season, and worked hard to put their best game forward, relying on their strong client relationships, unique designs, and (in his opinion) superior service and sales ability.

Glenwood’s transition company had done a great job getting the word out for the event, playing up the store’s long reputation for quality while advertising deep discounts, contests and other promotional efforts. Dale couldn’t begin to imagine what they must have spent on online and traditional marketing, banners, billboards, mass media and direct mail. At the end of December, despite their best efforts, Van Ander’s was off nearly 50 percent for the six-week season, and although they’d gone into November up six percent for the year, they finished 2017 two percent behind 2016.

Dale and his team were not happy, but they knew that with Glenwood’s closing, they would get back everything they had lost during the sale and then some. Except that Glenwood’s didn’t close. The sale was originally advertised as “through Dec. 31 only.” In early January, however, they began promoting that the sale was being extended “by popular demand.” Shortly after Valentine’s Day, with the sale still running and his sales off nearly 40 percent year to date, Dale decided to take action.

He learned that city and state laws governing Going Out of Business sales contained very specific regulations designed to protect both consumers and other local businesses. According to the rules, businesses running GOB sales must secure a permit from the city. By state law, GOB events could not last more than 60 days (unless the merchant applied for a maximum 30 day extension), and could not offer new or supplemental inventory brought in specifically for the sale. In fact, businesses are required to post an inventory list with the state prior to the start of the sale. By Dale’s calculation, even if all of the other requirements had been met (and he was sure they hadn’t), the last possible day for their sale would have been Feb. 13. At the end of February, they were still advertising.

A call to the city’s records department confirmed that neither Glenwood’s nor the sale company had gotten a permit for the event and it seemed nothing was on file with the state either. Unfortunately, subsequent calls to the city solicitor, state’s attorney, attorney general, city police and sheriff’s departments proved to be nothing but a game of “pass the buck,” with no one wanting to take responsibility for the situation, even though Glenwood’s was clearly breaking the law.

On March 5, Dale took the city and Charles Glenwood to court, seeking a restraining order and cessation of the sale. Rather than shut the sale down, the city granted Glenwood’s the permit they were missing for the price of a small fine. Threatened with continuation of the lawsuit, Charles agreed to shut the sale down on March 15, remaining open “only for pick-ups and repairs.”

Glenwood’s did close, and since mid-March, Van Ander’s has seen somewhat of a rebound in their sales. The uptick, though, has not been enough to help Dale cover the nearly $300,000 in gross profit he lost during the four months of the sale. The loss has put Dale in a tenuous financial position for the first time in his company’s history.

The Big Questions

  • Is there anything Dale and his team could have done to better prepare for the impact of Glenwood’s sale?
  • Since the sale was illegal, Dale does have an opportunity to sue Charles Glenwood for loss of business, relying on a statute that has been untested in the state — but Dale is concerned about the expense with no assurance of success. Should he move forward and try to recover at least some of his loss?

Expanded Real Deal Responses

Mark R. Seneca Falls, NY

Every business should get to know the “going out of business” laws for the state or locality. If the ads are not correct, call the jeweler and the city to complain right away. File a complaint with the state attorney general. Keep copies of ads or record commercials. We experienced the same thing back in 2011. We opted not to sue and weathered the downturn. 

Drue S. Albany, NY

I think the best thing that Dale can do is to look forward and never look back. He must stand tall and not discuss what Glenwood did to his clients.

I understand his frustration; in our area, we had a jeweler do the exact same thing, our Christmas sales were impacted slightly and he decided to continue the sale until after Valentine’s Day. It all worked out in the end and we are stronger than ever. I will not work on the pieces that were purchased during the sale for repairs, since once you touch it, you own it.

So Dale, don’t acknowledge any of the jewelry from the sale and put your best foot forward by offering the great service and product that you have had for years. 

Marc F. Houston, TX

I’ve had this experience several times in the last 33 years. The best promotions I used were (and if it didn’t start to work in two days, I would switch them out)

“Going Out For Business,” “We’ll Be Here To Serve You When Others Fail,”

“Sell Us Your LOSING Lottery Tickets Today,” and “Free GIA Graduate Appraisals On Your Diamond Purchased From XYZ Sore Here.” All of these are traffic builders, and when you have traffic, you will have sales.

Let’s remember it is a free market. If your neighbor fails, be kind to them, wish them well and thank them for the golden opportunity they are giving you! 

Buddy B. Merion, PA

My advice is move on. The store that closed did his best to close the store and perhaps he had more inventory left that he needed to unload. The fact that he did not apply for a license or permit in my opinion is noteworthy but should not be cause for a suit or legal action. There are some vague rules that differ from state to state and city to city, and most of them go unenforced. I would just suck it up, move on and look to the future. 

David B. Calgary, AB

I have had GOB sales around me many times over a 38-year history and they will happen again. They do hurt and they often last far longer than advertised. In some cases, I have seen them last a full year. Our city has no laws anywhere near as detailed as those in the story. One thing I learned from a very protracted litigation I was involved in was that you never want to litigate an issue in a courtroom. It is like rolling dice but far more expensive. Don’t send more money down the drain when you are already feeling the pinch. Now when I hear of a GOB sale, I use a strategy from a book INSTORE recommended: have a big sale of my own.

As an aside, I think one of the nastiest sales I had to deal with was a “Going Out For Business” sale. It lasted a year and was very misleading. 

Allison L. Rock Hill, SC

He should spend the money on advertising rather than paying legal fees. A great header would be, “We will handle it from here,” with a message that anything purchased from the closed store can be brought in for repair and inspections going forward and wish the owners happy retirement!

Never let ‘em see you sweat … and we are all sweating something! 

Kay D. Andover, MA

It is understandable that Van Anders would be unhappy over the impact and timing of the sale, but it is doubtful that it was intended to be intentionally damaging to Van Anders. Glenwood might not have known about strict state guidelines or permit requirements for a GOB sale, but the transition sale company should have known and discussed state regulations with Glenwood. Other factors extending the sale could have also been in play (e.g., staying open through the end of a lease). Even though the GOB sale damaged Van Anders’ bottom line, a lawsuit is risky for multiple reasons. Customers will find out and feel Van Anders is picking on those poor people who didn’t want to close a decades-old family business and may decide to purchase their jewelry somewhere other than the store conveniently located across the street. Van Anders might consider advertising an event welcoming new customers from Glenwood with a special discount; they may well make up all of their losses and then some. Might as well take the high road. 

Elysia D. Spencer, NC

I like to be ahead of the game. As soon as rumors of a sale hit the wind, I would have researched the laws and ordinances and made sure they were followed through from day one. I admire that Dale was insistent enough to follow through legally, but only after the bulk of damage was done. I would have played up repairs — quick turn-around sizings and signage welcoming his customers, maybe with a contest, like bring in your Glenwood’s receipt to win a gift card, spa day, whatever. Get bodies in, collect contact info then clientele (hey, Walgreens just did it with Rite Aid!). 

S. Maroskos Lynn, MA

Dale will probably lose more in litigation processing fees than he hopes to gain. Lawyers are expensive. Not to mention time away from his store and sheer aggravation. He will also lose potential customers that are loyal to Glenwood. 

Laura S. Indianapolis, IN

An attorney once told us that this type of sale has questionable tactics, but at the end of the day, it’s all about the money that a lawsuit will cost for an uncertain outcome. The state laws are only as good as the state’s appetite to allocate the resources to enforce them. In Indiana, the state is not hungry enough to take action. So, respectfully: suck it up and move on. Or as granddaddy would say, saw wood. 

Joe K. Lantzville, BC

They should have jumped on it way sooner; you snooze, you lose. Litigation will only put him further in the hole. I would just let it go and save paying a lawyer. Work on trying to get the closed store’s clientele by offering to service jewelry, bridal, etc. 

Marcus M. Midland, TX

This situation stinks. Sitting in Dale’s position, I don’t think there is anything you could have done to prepare. How could you know that they would continuously run the sale? And seeing that the city seems like it has a “good old boy” mentality towards Glenwood’s is even more maddening. Question is, do you let it go and move on, seeing that they did finally close? Or do you saddle up and ride their little red wagon? 

Bill U. Fayetteville, AR

Dale should sue, stressing the legal and ethical violation of Glenwood and Dale’s own ethical and honest conduct. This is Dale’s opportunity to polish his own ethics and conduct. 

Jim A. Salt Lake City, UT

At the first sign of the sale, go to the retiring jeweler and ask for an endorsement to his clients, to be deployed after the sale. In exchange, offer the retiree a piece of the action on first sales generated from his list. Now, he can do an “orphan” postcard campaign, letting people know that if they’ve lost their jeweler, he’s happy to “adopt” them.

Jumping on the legal action early may have alleviated the problem. Just asking him if he’d gotten the permit and was aware of the rules may have intimidated him into obeying the rules.

As for lawsuit, the company that did the sale probably knows the rules and since they do these things regularly, a suit against them — or the threat of going public with the complaint — may be enough to coax a settlement. Might not get it all, but get some.

Otherwise, ramp up the marketing and sell your way out of the problem. 

Patrick D. Little Rock, AR

Been there several times. Usually, none of the authorities are sympathetic to the jeweler’s loss. They only consider the harmed party to be a nuisance.

Suck it up, put on your happy face and make the best you can of a bad situation.

We have been harmed by many GOB sales. One jewelry store has gone out three times, reopening in a few months at the same location by the same owners.

Use your energy and precious resources to continually provide great service and quality in your unique manner and at excellent prices. 

Jim C. Fayetteville, AR

I despise lawsuits. I think it’s just pouting because you didn’t get your way or because you lost. It’s good info to know about the laws for a GOB sale. However, they could have offered a price match type of discount or built their own value better. In the long run, he should gain a whole lot of new clients. You have to prepare for those tough months and grind through them. We debunk the sales all the time though. Typically, the items are just marked up more to cover the discount. Especially if he was getting in new inventory. 

Rossi Jewelers Lauderdale-By-The-Sea, FL

Wow. It is clear to me, although very unfortunate, that Dale should move forward and let this go. If Dale takes the proverbial high road and moves forward as “the” jeweler in town, he will only gain more customers, more revenue, and much more goodwill in the town. He could even take it a step further and reach out to Charles Glenwood and acquire his mailing list/customer base. Then, start by marketing a special deal to get them in the store and win them over. So, he has the potential to have the best year ever in business. If Dale decides to sue for his losses (with no assurance of success), it will put the store in a bad light, the news will surely blast it out there and the town will see him as a bad guy. Again, very unfortunate, but I would let it go. Pamela Rossi, P.J. 

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