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Beware: Comfybones

WHO: Comfybones

WHERE: https://twitter.com/comfybones & https://ko-fi.com/Sambam

WHAT: Digital headshot

WHEN: Payment sent on June 15th 2018

EXPLAIN: Comfybones posted a tweet about being open for Kofi headshots (you pay for a certain # of kofis and get art) it was said in the tweet that they work on them every Friday and at the time they were posting art regularly so I was under the impression it was a fairly quick sort of thing. I paid and sent my ref and they said it should be done by next Friday (June 22) Well that was the last communication I received directly from them. I started to feel nervous when their queue was getting larger but work wasn't getting done. Especially all the headshots on their queue before mine. I reached out for an update about a month after payment (July 13th) and received no response, however they were active on multiple twitter accounts. I waited a good while and became very uncomfortable with the lack of communication all together so I decided to ask for a refund on August 7th. Still no response. The next day I started a claim via PayPal to try to get them
to contact me (it sends an email and a message to their PayPal) I tried to reach out by replying to a tweet with no reply.
I escalated the claim on August 10th after still getting no response. Now it is August 21st and Ive received no communication since the commission was paid for in June.

I want it to be clear I'm not upset about waiting longer for the piece, I get that things happen and I've truly tried to be patient and understanding. But I'm being actively ignored. At this point I really just want my refund and PayPal can take a long time to process the claim if they even rule in my favor. I'm frustrated and honestly nervous to post this. I have nothing personal against them and this is not something I wanted to have to do at all, I just want the situation resolved.


PROOF:
All screencaps with captions of what they are can be found here: http://imgur.com/gallery/UFMoGR3
Their Trello/queue: https://t.co/yB9ONzsHQO?amp=1
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Do not go after persons posted about here, by leaving comments on their art pages.
If you have been posted about, please read I've Been Posted on Artists_Beware, Now What?

Comments

( 9 comments — Leave a comment )
rendrassa
Aug. 22nd, 2018 07:24 am (UTC)
Wow. I hope they rule in your favor. I've never heard of this before, but I'd actively avoid payment via Ko-fi, since it's meant for donations and not a way to pay for goods or services.
CART00NM00N
Aug. 22nd, 2018 02:33 pm (UTC)
Good to know! I see a lot of artists on twitter using this as a way to take commissions so I never thought anything of it but I'll be weary going forward.
rendrassa
Aug. 23rd, 2018 03:30 am (UTC)
Yeah. I've seen a few artists I follow offer freebies as thanks for donations, depending on the inspiration for the character ref, but they aren't guarantees and stress that if someone wants a commission, to actually commission them.
aietradaea
Aug. 22nd, 2018 08:38 am (UTC)
Oooooh...this'd be tricky to get resolved in a customer's favour, wouldn't it, since a ko-fi is officially a "donation"? I wonder what Ko-fi's TOS say about users/artists doing this sort of thing. There's a thought - if this is not cool with Ko-fi, then I wonder if reporting the artist to Ko-fi themselves might get you anywhere - not for "I paid for a thing and didn't receive it" on your end, but for "this person is using your service in a way that breaches your TOS".

I'd give side-eye to anyone wanting to do commissions using a "donations" platform like Ko-fi. Patreon is a bit different - it's all very clear, exactly what you're getting, and the fact that you /are/ giving money to receive something if you give at the right tier. But Ko-fi is a "tip me pocket-change because you like what I do, that's it" thing.

The only way I think I'd get involved in any sort of commissions-for-Kofi thing might be maybe some sort of raffle thing. Like, "out of everyone who gives a ko-fi over the next two weeks, I'll pick one person out of a hat to get an art thing". Then it's still within that "donations" sort of sentiment and monetary amount, and if they don't deliver, well, you're only out a dollar or so.
CART00NM00N
Aug. 22nd, 2018 02:35 pm (UTC)
I see where you're coming from. It's a pretty common trend on Twitter lately to use kofi for commission payments, this is the first time I've done it but I'm definitely going to be weary of it moving forward!
Cy Mendoza
Aug. 22nd, 2018 07:55 pm (UTC)
There are three parts of the Ko-Fi terms of service you may be able to report this person for:

- Content that is fraudulent, misleading, inaccurate, dishonest,
impossible or imitating any other person, page or entity including page
squatting (whether on the Platform or not)

It's fraudulent to take money for a service or product, and not provide a service or product.

- Transactions for the sale of items or goods with the purpose of
avoiding paying taxes;

You don't know if the artist is or not, so it's worth sending it a report to let them look into it.

-Anything prohibited by the payment providers connected to the
platform such as PayPal Inc and Stripe.

PayPal blatantly doesn't allow you to scam with their services.

Here's where you make a report to KO-FI support: https://ko-fi.zendesk.com/hc/en-us/requests/new

Just tell them your story and include those three provisions in their TOS as argument for the artist's account being closed. Could work.
CART00NM00N
Aug. 24th, 2018 05:37 pm (UTC)
Quick update to say paypal sided with me for the claim and I received my money back! I personally don't consider this resolved in the sense that the artist still has said nothing to me, not an apology or anything. And it was dragged out as long as possible/only refunded when I went to PP about it but I'm glad the situation is over.
celestinaketzia
Aug. 24th, 2018 05:38 pm (UTC)
Glad to hear that! By the community's standards we will apply the "resolved" tag as in you got your money back. However, the beware tag will remain as it wasn't upon the artist's own free will.
CART00NM00N
Aug. 24th, 2018 06:05 pm (UTC)
Understood, and thank you!
( 9 comments — Leave a comment )

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