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Stealing my cakes!

post #1 of 37
12/13/12 at 5:40pm
Thread Starter 

Well not really stealing... they are paid for... but I just found out tonight that a lady is buying cakes from me and re-selling them!

I had a lady send me a message with a picture of a cake, it was a very different design so it stuck with me. I sent her 2 price quotes on different sizes.  Well, this afternoon I had a call from another customer asking if she could send me a picture of a cake she wanted.  When I receive the pic, it's of the same cake.  I found this strange because of the design... it's very unique.  So I sent her a message back telling her that it was odd that i had just had someone send me the same exact cake.  So she calls, we get to talking and it turns out that she quoted the same cake to her for more than I was going to charge... and has been doing this for quite some time.  It also turns out that I have done every cake that this lady has ordered from the cake thief. 

I'm asking what I can do about this.  I have no idea where to start.  I am inspected by the health department, and have spent thousands of dollars building a cake shop so I can be legal... and this lady wants to buy my cake and jack the price up???? I'm ticked!  I'm almost certian that she isn't licensed by the health department and isn't paying sales tax like I do... So I will start with those 2.  But as far as my creative work... what can I do????

Help!!!!

Thanks in advance

Kelli

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post #2 of 37
12/13/12 at 5:54pm

Well, I don't know what you could do legally.  However, professionally I would not ever sell her another cake.  She is one nervy lady!

Creating works of art every chance I get! And yes, I am licensed, permitted, inspected and insured! Check out my website!
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Creating works of art every chance I get! And yes, I am licensed, permitted, inspected and insured! Check out my website!
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post #3 of 37
12/13/12 at 6:27pm
Exactly never sell her another cake but I would one more time take an order from her and get her name and address and than see what you can legally see what you can do about this. Maybe you already have her name and address than go from there. You have every right to be angry about what this thief is doing!! Another thing you can do is next time she orders a cake raise your price enough to where she will have a hard time resaleing your cake if she ask why such an increase tell her that you found out that she's resaling your cakes and gaing a profit from your hard work so you feel that you have been under selling yourself and you no longer will do that. Stick to your guns this lady has quite the nerve
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post #4 of 37
12/13/12 at 7:03pm
Thread Starter 

I had to tell a few lies to get all the information I needed from her... didn't really feel bad about it either :)

but I was able to get her address and a list of all the cakes she has ordered from me.  All in text messages so I can use them as evidence later if needed.  After thinking about it, I'm really not sure I can do anything about it.  People can resell anything they purchase I guess... the only thing I think I may be able to do is get the health department involved since I'm fairly confident she isn't licenesed... I was advised by the health department that I could not sell food to someone and then them resell it... I have to have a whole different license for that.  So I'm not sure if that's something that can be used or not.  I will no longer be selling to her.  She's wanting to bring me a deposit on this cake tomorrow, so I've advised the customer to just cancel her order with her.  The mean ticked off part of me wanted to let the jerk pay me a deposit on it first... but 2 wrongs don't make a right... although I would be getting back money she has made off me! lol

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post #5 of 37
12/13/12 at 7:17pm
Well, now you know you can charge more.
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post #6 of 37
12/13/12 at 7:19pm
I mean, if she's marking them up it must be a pretty significant amount to make it worth her while?icon_biggrin.gif
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post #7 of 37
12/13/12 at 7:20pm

You should let her buy the cake and resell it so you have proof for the health department (assuming the customer would back you up).

A balanced diet is chocolate in both hands!
Glenda
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A balanced diet is chocolate in both hands!
Glenda
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post #8 of 37
12/13/12 at 7:38pm
As she shows up to put down the deposit for the cake I would tell her that the price has increased by a lot and if she questioned it I would comfort her on the whole resaleing of your cakes than at least you hopefully get rid of her and an added bonus would be that she made a trip to your shop
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post #9 of 37
12/13/12 at 9:02pm

 Why don't you take a picture of the fanciest cake you've done for her, run it in the newspaper and publicly thank her for being your best customer! She could "win" a gift cert good toward her next order."Check out my other cake designs that "so and so" has purchased on my website!


Edited by BomCakes - 12/16/12 at 10:22am
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post #10 of 37
12/13/12 at 9:13pm

If you are not allowed to sell cakes for resale, I would not sell her one more crumb. Now that you know, you would be party to an illegal transaction. 

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post #11 of 37
12/13/12 at 9:22pm

I know it's fun to think up ways to zap someone when we're feeling mad and offended, but the easiest thing to do is to just contact the person, tell her that you found out that she's been re-selling your products, that your license doesn't allow for re-selling/wholesale, and that you can no longer keep her on as a client because it jeopardizes your livelihood. 

 

JMHO

Rae

I love you, but your emergency is not my crisis!

They say that a little knowledge is a dangerous thing, but it is not one half so bad as a lot of ignorance.--Terry Pratchett (b.194
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I love you, but your emergency is not my crisis!

They say that a little knowledge is a dangerous thing, but it is not one half so bad as a lot of ignorance.--Terry Pratchett (b.194
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post #12 of 37
12/13/12 at 9:33pm
Quote:
Originally Posted by BlakesCakes View Post

I know it's fun to think up ways to zap someone when we're feeling mad and offended, but the easiest thing to do is to just contact the person, tell her that you found out that she's been re-selling your products, that your license doesn't allow for re-selling/wholesale, and that you can no longer keep her on as a client because it jeopardizes your livelihood. 

 

JMHO

Rae

^^ This! It's not like she robbed you. She ordered a product, you quoted a price which she paid. The cake became hers to do with as she pleases. While her actions may be unethical, they're not illegal (caveat: the part about reselling which contradicts your HD's guidelines could be construed as illegal, but that's a totally different situation between her and the HD). Meaning, if you sued her, you would have no case... unless you have a trademark on your cakes or something... again the case would be trademark infringement-- totally different story.

 

I know you're mad and would like to show her but you still have a business image to protect. Just tell her you've found out, and will not be selling to her anymore.

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post #13 of 37
12/13/12 at 9:34pm
How horrible! I am seriously shocked that he lady she was selling them to actually found YOU! Just goes to show karmas is a b***h! Maybe you can sue her for making a profit off your cakes. In short she stole from you. I would then contact an attorney...find someone for a free consultation. It wouldn't hurt to ask...then take it from there.

If you go by a baker name/ logo...copyright it...for business purposes. But honestly I think you can sue her. best of luck!
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post #14 of 37
12/13/12 at 9:36pm
Wow...this is a first! Never thought I'd hear something like this! Lol! I think you should increase the prices of her future orders and see if she still buys them from you....let her give you regular business!
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post #15 of 37
12/13/12 at 9:47pm
Quote:
Originally Posted by DiddleMeSweet View Post

How horrible! I am seriously shocked that he lady she was selling them to actually found YOU! Just goes to show karmas is a b***h! Maybe you can sue her for making a profit off your cakes. In short she stole from you. I would then contact an attorney...find someone for a free consultation. It wouldn't hurt to ask...then take it from there.
If you go by a baker name/ logo...copyright it...for business purposes. But honestly I think you can sue her. best of luck!

In that case everyone who resells anything they bought would be up for a lawsuit. EBay would be a land mine. When a person PAYS for a product, you the seller give up your ownership rights in exchange for payment. The same way you can't sell something and go back and just take it home because you made it, uh uh, it stops being yours after you sold it. IF OP has her cakes copyrighted she may be able to sue, but even then the case is not for reselling but for copyright infringement.

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