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?
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.
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.