client downloaded "wrong photos"

I'm in an awkward business situation and I could use advice on how to handle it. My portrait package includes 20 digital photos. Clients receive a Shootproof gallery and their account is authorized to download 20 photos. After downloading 20 they have the option to purchase more or buy the entire gallery. Instructions are very clear and this has never caused any problems in the past 2-3 years I've been doing it this way. I just had a client email me this: "I think my wife accidently downloaded the 1st 20 pictures unknowing that it meant she selected those. Can we reselect the ones we actually want?"

 

I checked, and she did in fact download images 1-20. The problem is it's not like they can un-download them. So by allowing them to choose now they are getting a bunch of free product. I'm very intentional in the way I set up my packages and I am able to set my sitting price a little lower knowing that most people will buy more photos upon receiving their gallery. I state clearly in my contract and on my website that because of the nature of digital downloads I don't allow returns, refunds or substitutions.

I just double checked my contract and it looks like I only state no returns and refunds but I don't say anything about substitutions :( I will be updating this immediately. I also updated my gallery release/download instructions email to say I don't allow substitutions for download mistakes.

So by allowing them to choose now they are getting a bunch of free product.

Your work was done before that.

I'm very intentional in the way I set up my packages and I am able to set my sitting price a little lower knowing that most people will buy more photos upon receiving their gallery.

But there are surely a few true cheapskates sticking to just 20 pictures they like? - I 'd lean towards pleasing even such a not great customer, hoping they'd praise me among bigger spenders. Especially in your case, where you are closing the loop hole for next ones.

Your work was done before that.

 

This doesn't make any difference, the photos do not belong to the client until they purchase them. A baker doesn't give away their cookies because they've already been baked.

 

But there are surely a few true cheapskates sticking to just 20 pictures they like? - I 'd lean towards pleasing even such a not great customer, hoping they'd praise me among bigger spenders. Especially in your case, where you are closing the loop hole for next ones.

 

Yes, of course there are. The reason I structured my packages this way was so that the "cheapskates" who kept trying to negotiate a lower price because "they just wanted a few photos" could have that option. When they see all the beautiful photos most choose to buy more or all of them. But I've found most people will try to get something extra for nothing. I do see this as a spot where I needed to refine things for the future, but I am still looking for a diplomatic way to move forward without a complete loss.

 

Thanks for your response though.

I think Phil S made a great suggestion as to how to refine your delivery system using a "CART" and "COUPON".

 

Not sure of the legal technicalities in your neck of the woods, but, where I work "no returns and refunds" would be adequate to address this error, a 'substitution' firstly requires a 'return' - that's an academic point, and it's probably a good idea to strengthen the words, anyway. Big Bold "CHOOSE CAREFULLY" would be a good heading.

 

***

 

. . . I do see this as a spot where I needed to refine things for the future, but I am still looking for a diplomatic way to move forward without a complete loss. . .

 

The choice that you have at this moment is, we would assume a singular choice: i.e. pertaining to this customer only. I'd take the position that they did make an error. I would not assume that they'll be on the horn to all their relatives and friends saying - "hey this is a great way to get 40 free photos from a sitting with this photographer".

 

Also, I can't see how this ever could be "a complete loss" - that seems simply hyperbole, probably struck from your annoyance, and hyperbole has no place in business choices.

 

Firstly - How many photos are on their viewing site? The answer to that and, then, if you offer to them something like this -

"well mistakes happen, even when the instructions are quite clear, so, to see what I might be able to do for you, can you please, as a mater of urgency, give me the list of the 20 photos that you do want?"

 

Their answer will, more than likely disclose their intent. For example, if there are 50~60 photos from which to choose and they revise to choose ALL DIFFERENT to the original 20, then I think they're guilty, on the other hand if they choose a few different ones, then it's probably good business practice to help them out.

 

WW

Surely, legally, they have what they paid for - twenty images ? It seems, from the wording in your contract, that you make it clear that the choice is entirely up to them. If they have made the wrong choice, then that unfortunately is their problem.

 

Maybe you could offer a further selection at, say, 5% under your normal rate for extra images, to show goodwill, but you have done exactly as was required of you, and supplied precisely what they ordered. Hopefully, they have learned to read and comprehend contracts, and you have made no extra charge for this educational experience.

Here is what I have learned in almost 50 years of owning businesses and working for them:

 

• A quarter of 'first world' citizens are astonishingly stupid. Another quarter are out to get one over on you. Some should not be let out in public without supervision.
  
• Real small business is built on customer relations.
  
• If it does not actually cost you anything, do whatever you can to make your customers happy. It will pay off.
  

Quit fretting over this, and give them the extra photos. Go to bed tonight at peace with things. Start tomorrow by putting something in place that keeps this from happening again...:cool:

Here is what I have learned in almost 50 years of owning businesses and working for them:

 

• A quarter of 'first world' citizens are astonishingly stupid. Another quarter are out to get one over on you. Some should not be let out in public without supervision.
  
• Real small business is built on customer relations.
  
• If it does not actually cost you anything, do whatever you can to make your customers happy. It will pay off.
  

Quit fretting over this, and give them the extra photos. Go to bed tonight at peace with things. Start tomorrow by putting something in place that keeps this from happening again...:cool:

 

So far, nothing about copyright has been mentioned.

 

I presume ones that they download and pay for, that they have the rights to use appropriately.

(Usually licensed and not copyright transfer, but either way.)

 

So, theoretically, if you let them download the ones they wanted, they should give up rights

to the ones they didn't want. Even though they can't undownload them.

 

You could ask for a written statement giving up rights to the ones that they didn't want, and sue

them if you find them posted on FB.

 

But I think best is, as above, to understand that mistakes are made and allow for more.

 

When they come back in a few years for a new session, they will be more careful downloading.

 

If you refuse to let them download more, likely they won't be back in the future.

Here is what I have learned in almost 50 years of owning businesses and working for them:

 

• A quarter of 'first world' citizens are astonishingly stupid. Another quarter are out to get one over on you. Some should not be let out in public without supervision.
  
• Real small business is built on customer relations.
  
• If it does not actually cost you anything, do whatever you can to make your customers happy. It will pay off.
  

Quit fretting over this, and give them the extra photos. Go to bed tonight at peace with things. Start tomorrow by putting something in place that keeps this from happening again...:cool:

 

I've avoided weighing in on this thread especially since I haven't done any paid photography in close to 15 years, but your post sums up my thoughts perfectly.

 

First of all, I go back to the old saying of "never ascribe to malice that which can be explained by stupidity." Tech stuff can be confusing, and without seeing how the gallery is set up I can easily envision a scenario in my head where someone could inadvertently download the first 20 photos without realizing what they're doing.

 

The fact that they ARE in fact the first 20 seems to support the customer's story.

 

Giving this particular poster 20 additional downloads presumably won't cost the OP anything, or perhaps at worst a few more bucks worth of bandwidth on the server for this month. What it will BUY them, however, is good will, potential repeat customers, and possibly good referrals.

 

For that reason, my inclination would be to solve the immediate problem in one of two ways. Either:

 

1. Offer the customer 20 additional downloads

 

2. Have the customer make a list of 20 photos they want, possibly including the ones already downloaded, and give them those files.

 

There could also be something of a compromise solution where maybe the OP doesn't offer a full additional 20 downloads, but perhaps gives 5-10 extra "free" ones to this customer so they can get additional photos that they may really want.

 

Going forward, I would make it clear in the contract and also on the website that 20 photos means 20 photos with no exceptions, and make it clear to customers that there are no exceptions made.

 

Remember too the old axiom about how many people an unhappy customer will tell.

 

That's how I'd handle it, though. I may no longer be active in paid photography, but do have a couple of other successful side businesses dealing in both products and services, and I go out of my way to make customers happy. Sometimes that means less profit or even a loss on one particular job, but I also price myself such that the "making customers happy" tax doesn't leave me losing money on the business as a whole.

You didn't say how you were pricing your images, and maybe it doesn't matter.

 

But I thought I would look up a nearby studio which is popular around here.

 

They charge $99 for one digital image, or $350 for all images in a session.

 

I do hope people read the price chart and not buy 4, 5, or 6 separate images.

 

We did have a session from this studio some years ago, and got a CD with

about 90 images. I might have had prints made from about four of them,

though many of one that is a family favorite.

 

Our choices might not be the same as others, but given that I printed

about four, pricing all in a session at the price of about four seems right.

I'm in an awkward business situation . . .

 

It is now a week gone, what did you do?

 

WW

Having run a business for decades, the most important thing I learned early on is that GOOD WILL is a multi-faceted benefit. It’s often less costly and more effective than advertising and it feels good to the business owner who practices it. Take the client at their word, allow them to correct their error, and run your business realistically and with savvy in as positive a way as you can.

Thanks for the responses, I've been checking back regularly to see your advice. I ended up responding very honestly. I said I wasn't sure what to do since I do charge for additional photos (and I repeated my price structure), but I understood it was an honest mistake and I wanted to work with them. I asked for them to start by choosing the 20 they would have selected and we could go from there. After a few days they got back to me that they were just going to buy the whole collection anyway. :)

...After a few days they got back to me that they were just going to buy the whole collection anyway. :)

 

 

Hmm... I liked a happy

ending...

http://bayouline.com/o2.gif

Thanks for the responses, I've been checking back regularly to see your advice. I ended up responding very honestly. I said I wasn't sure what to do since I do charge for additional photos (and I repeated my price structure), but I understood it was an honest mistake and I wanted to work with them. I asked for them to start by choosing the 20 they would have selected and we could go from there. After a few days they got back to me that they were just going to buy the whole collection anyway. :)

 

Looks like they realised their mistake, and were happy with the solution. You handled it very well.

I'm glad that everything worked out to the satisfaction of all involved!