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Confused and Frustrated

I commissioned Immortal Moon Studio back in August (before my surgery bills).
I tried to make all of my stipulations clear in the following notes:
(note the parts about the deadline being mid-October, and that if this deadline was missed %50 of the down payment was refundable)




--------------------------

After the deadline passed without any contact, I wrote a short note asking how things were going.
I'll admit I at first misunderstood the 50% refund as not paying the second $90. It's obvious she meant that $45 of the original $90 was refundable if the deadline was missed. However from this note it appears she's refusing this refund?


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I'd like to note this is not the same TOS I read when approaching this artist for a commission. Much of it seems to have been updated to directly counter my issues with this sale. I tried using the Wayback Machine, but FA appears to have blocked it, so there really is no way to prove either way, but I stand behind my claim that this isn't the TOS I agreed to.

Photobucket
I noticed today when I was looking for the original TOS that she's made a public journal which strongly points towards being about this sale. I can appreciate her having a life outside of fursuit making, but I really don't appreciate this unprofessional behavior.

I was willing to pay the second half (which has been set aside since I sent the first $90) even though the deadline was missed, however with the way she's been responding, I'd like to just get the $45 refund and cancel the commission.
All notes regarding this commission have been saved if needed.

I really tried to be honest and professional with this, and if you think there's something I could have done better or more efficiently, please let me know.

UPDATED NOVEMBER 16TH:




On November 2nd I asked IMS if I could have the materials she allegedly purchased that prevented her from refunding my money. In the above note she said she would do this. She lives two hours away from me but so far I have not received anything. My note asking if it was mailed has gone unanswered. She wrote recently that her power was turned off, but I'm not sure how that would prevent her from mailing my materials for fourteen days.


It also seems I'm not the only one with this issue.

UPDATE NOVEMBER 18TH
IMS finally responded to me, after I left a link to my original a_b post on her page. In a testament to her usual business practice, she swiftly removed the shouts (which are posted in the OP now) from displeased customers from her page.

This is the comment she left on my page.

This was my response left on her page.

This is the note I received with my reply.



With regards to this comment that she has removed from her page:
"Didn't you read the TOS?" doesn't hold much water when creator alters it without informing their clients. I would know, the TOS I "agreed" to is not the one she has posted now.


Here's the newest journal posted about this, I assume if I leave a comment on it defending myself she'll block me, so I'll just cap it and post it here. (More 'caps seems like better than not having them)

As it stands she's threatened to block me and refuse to ship my items. Pretty much all I can do now is keep updating the situation here to inform and hopefully encourage other would-be commissioners to avoid her at all costs.  

UPDATE NOVEMBER 19TH
I commented on this journal, and as predicted I was blocked. Here are the comments and her remark after she hid them:



She responded to my note asking for proof of the materials being purchased with this. (I don't need to tell you how rude it is, just read it.) The TOS, that really doesn't mean a thing since it can she can modify it any time. She relies on this TOS to justify this behavior, and it's really frustrating, especially given this is not the TOS I agreed to. I cannot stress that point enough. I would never trust this kind of money with someone whose TOS includes: " Being rude and annoying will result in your shipping date being pushed back one week per offense".


As to further prove this point, I'll make mention that the TOS has already changed from when I last took a screenshot.
The following has been added:
~refunds will not be issued on the basis of shipping dates.

Please take this contract seriously, when commissioning me you are agreeing that you have read and understood the terms of service and will abide by them. Your are expected to be respectful and responsible when the suit is being made and after the suit is received, we only want to provide people with quality suits for fun and entertainment, we are proud to serve the fandom.

If you have any questions or uncertainties about what is stated here PLEASE ask before commissioning me! I will be happy to answer your questions or explain anything that may be confusing.



 
This is her most recent posting to my FA page.
I on the other hand will not block her, as at this point the only thing she is doing is proving my point and giving folks a good hard look at her "professionalism".  

UPDATE NOVEMBER 20TH

She unblocked me today, and posted this to my page.


I placed this on hers after the above was made.


This is my last note to her as of now, (the top is her, and the lower part is my response). I've made it very clear in this note and the shouts that I what I really want is my money back.

UPDATE NOVEMBER 21ST

I don't listen to my mechanics sob story when my car isn't fixed, so I don't really want to hear hers when my money/materials are withheld.

UPDATED: December 3rd

I have made it clear I will seek legal actions if she doesn't not provide what I paid for or a refund.


EDIT: December 5th

Once again she's aggressive.
She really does not seem to understand that her TOS is flawed and will not hold up in court.


The tracking number did not work.

UPDATE: December 8th
Received the package today via Fedex.
To save time I simply made a video of me opening it and seeing what $90 bought me.
UPDATE: December 14th I received $50 in my paypal tonight as part of the refund. IMS says she will send the final $20 when she's back on her feet. I agreed to this compromise. UPDATE: Jan 3rd 2011 Kandy and I agreed she would do artwork in exchange for the refund she still owes me. She agreed to make a conbadge and 1 full color piece. She told me she would deliver them this weekend to a local furmeet, but no one seems to have heard anything about it. So, so far, I'm still being owed a refund.

UPDATE: March 18th 2011: As of today I still have not received either commission. My notes inquiring about them were also not answered.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
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Comments

( 66 comments — Leave a comment )
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kayla_la
Oct. 28th, 2010 06:50 pm (UTC)
Those first couple screenshots are kind of small. Could you replace them with bigger ones for people that might have trouble reading it?
peas_n_rice
Oct. 29th, 2010 04:57 am (UTC)
PB seems to be resizing them when I try to upload the bigger version. D:
(no subject) - kayla_la - Oct. 29th, 2010 04:58 am (UTC) - Expand
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(no subject) - peas_n_rice - Oct. 29th, 2010 07:00 am (UTC) - Expand
circlemeats
Oct. 28th, 2010 07:10 pm (UTC)
I think you were fine. It seems to me she's just not good at handling her business. She should take a deadline very seriously and be willing to fix things if it's not met. Seriously, deadlines are called deadlines for a reason D:
(Deleted comment)
cactusjack1999
Oct. 28th, 2010 11:23 pm (UTC)
dreamerdragoon
Oct. 28th, 2010 07:54 pm (UTC)
Yeeeep, she pretty clearly says 50% refundable if the deadline is missed. Unless she specified 50% of something specific aka 50% of the commission price minus any materials already bought, it should have been safe to assume a full 50% of the whole thing.

You were polite and civil, so if you're the person/type of person referred to in her journal as being "rude", "cold" and "uncaring", I dread to think how she'd handle REAL negative customer feedback . . .

And regarding the last screenshot, it really gets my goat when people take commissions knowing full well they don't have the time to get them done, and then turn around and blame the people buying those commissions for harassing them because things aren't finished on time. Time management - if you can't do it, don't take commissions. Your buyers deserve more than whatever free hours you can fart out here and there when you're already exhausted, and what else you have going on in your personal life is none of their concern.

As soon as you resort to emotional blackmail/guilt-tripping/"I have a busy life OKAY" to excuse tardy or poor work, you have failed at being professional.
wolf_goat
Oct. 28th, 2010 08:13 pm (UTC)
All I can really say is, amazingly unprofessional. "I will push back shipping by one week for each instance of rudeness"? Yeah. GTFO.
obsidianwolfess
Oct. 28th, 2010 09:01 pm (UTC)
Wow really? Who the hell does that??? She's acting like a child.
jakejynx
Oct. 28th, 2010 08:51 pm (UTC)
I hate to say it, but I had a bit of a personal issue with her not long ago--she was incredibly rude over on FA about me asking a question, and even posted a passive aggressive journal about it. Then after I unwatched her and told her 'best of luck', she blocked me and left a nasty comment on my user page. The responses you received from her pretty much summed up what seems to be her general way of dealing with people. She's not specifically nasty, but she seems to kind of insult you in roundabout ways and gets very snippy for no good reason. Also, that whole "bother me and I'll push your shipping date back by a week?" What is up with that? That means you're going to finish the commission and let it sit around for a week before shipping it off if your commissioner 'annoys' you in some way?

She reeks of unprofessionalism. :\
mandyseley
Oct. 28th, 2010 08:53 pm (UTC)
I don't see that you were out of line anywhere. Her refund policy was unclear and you asked for clarification, and her response to you is where I start to see hints of her getting defensive and snippy.

I wouldn't assume that journal was about you, it may not be - but the public cry for attention and sympathy is extremely unprofessional no matter to whom she is referring. I understand that taking commissions can be very frustrating, but that sort of venting belongs in a private journal...she strikes me as someone who got in over their head by thinking that fursuit commissions were just no big deal.

She's backpedaling like crazy because she got herself in trouble and spent everyones money. She's guilt-tripping and fishing for sympathy to make it sound like it's everyone else's fault that she has no money. It's not.

Ask again about the 50% refund as promised in the original TOS, or ask for the materials she purchased for your suit. Some commissioners offer discounts if you provide the materials, so if you can't get your money back, you can at least get the materials and use them with another seller or just try to sell the raw materials online for a profit to recoup some of the loss.

She very much looks like the type that's going to play the victim and dig in her heels, though. Good luck. :|
celarania
Oct. 28th, 2010 09:28 pm (UTC)
I'm usually one to look for the possibility of a misunderstanding, but they use such a similar phrase about it being "a terrible week late." Now of course, that might be the artist's general phrasing if they have a lot of customers complaining about it being a week off. That being said, it seems completely reasonable for the OP to assume the journal is referring to them, just that it may include other clients too.
(no subject) - peas_n_rice - Oct. 29th, 2010 04:53 am (UTC) - Expand
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(no subject) - peas_n_rice - Oct. 29th, 2010 05:30 am (UTC) - Expand
ichi_black
Oct. 28th, 2010 10:12 pm (UTC)
I'm not surprised she's shown up here, I've had my own problems with her.

I did a trade with her (my first trade ever) back in Sept. A pair of paws for some chainmaille. We struck the trade with the deadline of RF, the end of September. I made sure before accepting the trade that she could do the paws in time, she said she could so the trade was struck. I got my half done in no time. She on the other hand barely said anything to me. I was very polite in noting her, when I did, she would be a bit snappy at me, and always excuses. I let most of it go since it was a trade and other things take priority. A week and a half to the due date she said they were finished and that she would ship them the next day. Next few days nothing, so in good faith and hopeful that she might take the hint I shipped my half (bad I know) and it got there in plenty of time. I even offered tips with the shipping (what I've had best experience with and who was cheaper/faster, all of that was met with attitude) All I got was excuse after excuse, day after day, up until it was too late to ship in time for the con, even overnighted. I wonder if she pulled the "you bugged me so I'm gonna delay it a week" crap. Finally fed up I told her I didn't care anymore and to send them whenever she could. They ended up getting to my house near the end of the con (which was two states away).

She also made a journal that was eerily similar to the deal we were doing, attitude and all. She does insult you in a roundabout way. She decided to critique me on my maille about stuff I warned her about. Than when I finally received the paws they were too small, her excuse "Well they fit me perfectly".

Unfortunately after her I am incredibly leery of trades and I would never do any kind of business with her again. Not only is her attitude terrible but so is her communication, my notes would go read but unanswered for days.
bladespark
Oct. 28th, 2010 10:44 pm (UTC)
"Well they fit me perfectly"?! I know this might border on breaking the no insult rule but... what kind of brainless idiot is she?
(no subject) - kayla_la - Oct. 28th, 2010 10:51 pm (UTC) - Expand
(no subject) - bladespark - Oct. 28th, 2010 10:57 pm (UTC) - Expand
(no subject) - stormslegacy - Oct. 29th, 2010 12:39 am (UTC) - Expand
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(no subject) - frazzled_niya - Nov. 1st, 2010 04:41 am (UTC) - Expand
growly
Oct. 28th, 2010 10:19 pm (UTC)
Can you still file a Paypal dispute? I really hope so. >_
peas_n_rice
Oct. 29th, 2010 04:55 am (UTC)
I called paypal and they said nothing could be done. They expect me to "negotiate a refund" out of her.
lichdog
Oct. 29th, 2010 02:12 am (UTC)
Sounds like a mini Jesskitt. :T

Avoiding like the plague. I hope this gets resolved
silverfalln
Oct. 29th, 2010 04:11 am (UTC)
Oh, yeah, that's who she reminded me of!
(no subject) - lichdog - Oct. 29th, 2010 04:12 am (UTC) - Expand
slyminera
Oct. 29th, 2010 03:23 am (UTC)
I gotta say, I'm a bit appalled at some of the comments people are leaving on her journal too 8|
Someone actually encouraged her to be nasty, even going so far as to suggest an "asshole tax" to people that pester her about their commissions.
spiffystuff
Oct. 29th, 2010 03:51 am (UTC)
It's funny how many people don't seem to get what bad form it is to publicly bash people who do business with you...
(no subject) - slyminera - Oct. 29th, 2010 04:43 am (UTC) - Expand
(no subject) - peas_n_rice - Oct. 29th, 2010 05:30 am (UTC) - Expand
(no subject) - duster - Oct. 29th, 2010 04:42 am (UTC) - Expand
(no subject) - mandyseley - Oct. 29th, 2010 01:50 pm (UTC) - Expand
vaekke
Oct. 29th, 2010 10:05 am (UTC)
Man, I was under the impression that half was refundable if deadline wasn't met as well. Oh well

You handled this well imo. She did not, and she should offer some sort of compensation for missing the deadline because if not, wtf. You are breaking the initial agreement if not, con dates or whatever are not a vague suggestion, people want it by then for a reason. I just fhgdgf, the concept is not difficult

Best of luck :I
peas_n_rice
Oct. 31st, 2010 07:37 am (UTC)
From the look of things I'm not going to get anything out of this. She hasn't responded to my paypal letter or my PM. I think she might be at a party this weekend though, you know, with her busy schedule and all. :/
korsetkoat
Oct. 29th, 2010 10:07 pm (UTC)
Hm, I used to watch them, and they seemed pretty cool. Now I'm really glad I ended up unwatching her when cleaning out my watch list and opted to not buy something from her a while back. :/
majy_the_dragon
Oct. 31st, 2010 02:33 am (UTC)
I hear so many bad things about them. Like the suits fall apart and bad customer service or just unprofessionalism.
peas_n_rice
Oct. 31st, 2010 07:37 am (UTC)
Really? I wish they had posted here about them before I commissioned her. :/
(no subject) - majy_the_dragon - Nov. 3rd, 2010 12:04 am (UTC) - Expand
frazzled_niya
Nov. 1st, 2010 04:46 am (UTC)
i^i good luck with this...she seems to be a difficult person to deal with from what I have read...
peas_n_rice
Nov. 1st, 2010 07:20 am (UTC)
As I said previously, I totally wish someone had posted about her here sooner. :C
(no subject) - frazzled_niya - Nov. 1st, 2010 07:23 am (UTC) - Expand
(no subject) - peas_n_rice - Nov. 1st, 2010 07:39 am (UTC) - Expand
(no subject) - frazzled_niya - Nov. 1st, 2010 07:41 am (UTC) - Expand
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