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Dropping a commission and confused

In October of this year I had commissioned ImmortalMoonStudios (IMS) for a fursuit head of my character.
Recently, I have come into money problems and could not complete the rest of the payments, so I dropped the commission.
I would post her TOS, but she has deleted it, and is making a new one.
From the quote she gave me, this is what she said to me when we agreed to go forth with the commission.
the full ref sheet I sent her:i7.photobucket.com/albums/y277/Axel118/newestrefcopy.jpg
to show you guys what I was looking for from her.
a screen shot of my first note:
i7.photobucket.com/albums/y277/Axel118/note1.jpg
 
She says the down payment reserves my completion spot, and that the materials are bought immediately, and after that the DP is non-refundable.
a screen shot of my second note:
i7.photobucket.com/albums/y277/Axel118/note2.jpg

She also tells me she does 3 WIP pictures. I have not received one, so I'm guessing she did no work at all on my suit?
So, I'm assuming if she hasn't worked on it, she has bought the materials, and that's it, or hasn't bought the materials yet.
I then had to tell her that my family was having money troubles and couldn't finish payments, so I was dropping the commission
as stated in my third note:
i7.photobucket.com/albums/y277/Axel118/note3.jpg


She says she'll send the materials, so I'm assuming she bought them, so I would in turn, want $188 worth of materials.
A week after I ask her to send it, I get no note saying it has been sent, so I message her again, asking if she sent it. She says she doesn't have the money.


I ask her what she bought with my $188, so I can see what I have to work with in materials, and see if I can maybe sell some of them to get some money back, etc... Then she messaged me back saying just "your materials"
She then references peas and rice, whom I didn't fully know, I come on here once and a while, but never looked deeply. 
Today I found his different posts:
community.livejournal.com/artists_beware/386782.html
I wish I had seen this before I had commissioned her, but now I'm in the same boat as he is.
Seeing what she gave him for half of what I paid, makes me think, what exactly did she spend my down payment on?
I politely say I want to know what items so I know what I'm looking at, so I asked for a basic list. She says "fur, foam, mesh, glue" and the rest...I don't find this very basic...and if I gave her $188, 3 yards for 3 different colors should be at most 100 by itself..So she should have money left over to send me my things, but she's telling me to pay for my own shipping...
a screen shot of my last note from December 9th, 2010:
i7.photobucket.com/albums/y277/Axel118/note5.jpg

So my question is, do I pay to get my "$188 worth" of items, or what?
I'm seeing that she's been pulling this kind of behavior on more than just me.
And I really wish I knew about this stuff sooner. I just recently found all the posts about her and I feel stuck in a web :(
And the way I payed her was through money order check directly to her. I still have the stub to it.



EDIT: Note, she hasn't exactly scammed me yet, I am asking for advice on if I should send more money to pay for shipping costs if she isn't telling me what exactly she bought with my down payment or how much she is sending. I have sent her a new note asking for an exact list of materials she will be sending. IMS and I agreed she would send the materials, that is all I am looking for, not a refund, I want a justifiable amount of materials for the down payment I paid.


UPDATE:
i7.photobucket.com/albums/y277/Axel118/note6.jpg <--Screen cap of latest note. her response is highlighted.

She has said "I can't tell at this point, when I have everything measured and ok'd by you then I'll have the box weighed and sized and then let you know. How bout we do this, instead of me cutting up the fur and stuff and finding out its not what you want, tell me what you think is fair and we'll try to find a middle ground that we are both happy with?"

What I want from her:
  • 1/2 yard of each fur color (red, black, gray)
  • Balaclava
  • Foam to be used for head
  • Whatever fabric she was going to use besides the fur

I do not want the glue, needles, or thread, she can keep all of that.
All I'm looking for is a reasonable amount of supplies from the $188 down payment. I do not want a full refund, just supplies bought. That is what we agreed on, for her to send me supplies.
Is the list of items I'm asking for reasonable?
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Comments

( 93 comments — Leave a comment )
oceandezignz
Dec. 9th, 2010 05:09 pm (UTC)
I approved your post, but it is very long, can you sneak and LJ cut between those screencaps?

How to LJ cut, in HTML do [lj-cut text="Images below"] all the text with images here [/lj-cut] Simply change the brackets for the carrots.
ashmeyx3
Dec. 9th, 2010 05:15 pm (UTC)
ok i'll fix it up
(no subject) - oceandezignz - Dec. 9th, 2010 05:18 pm (UTC) - Expand
(no subject) - snobahr - Dec. 9th, 2010 05:19 pm (UTC) - Expand
(no subject) - westly_roanoke - Dec. 9th, 2010 05:22 pm (UTC) - Expand
(no subject) - ashmeyx3 - Dec. 9th, 2010 05:26 pm (UTC) - Expand
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(no subject) - ashmeyx3 - Dec. 9th, 2010 05:35 pm (UTC) - Expand
connorgoodwolf
Dec. 9th, 2010 05:37 pm (UTC)
Look at the latest journal from her.. She's moving back in with her parents, etc.

Basically, you're screwed. She's not giving people the proper amount of fabric, she's already spent the money on things she needs personally.

You should just chalk this up to a loss. I also recommend sending a kind note to Witchiebunny and Dragoneer.
ashmeyx3
Dec. 9th, 2010 05:41 pm (UTC)
I'm pretty much at the point where I've been screwed over big time, and can do nothing :/
(no subject) - oceandezignz - Dec. 9th, 2010 05:47 pm (UTC) - Expand
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(no subject) - marus_puppy - Dec. 9th, 2010 07:55 pm (UTC) - Expand
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ichigoneko33
Dec. 9th, 2010 06:09 pm (UTC)
I think I remember her writing a journal a while ago, asking opinions on how she works with commissioners. Since some people like just business, some people like more friendly, some, like me, like a mix of both.

Reading that, I assume she was very friendly with her commissioners, even checking up on them after the suit is done and sent. But all I've seen here in her communications, is her being pretty snippy and pushing her troubles onto the commissioners shoulders.

I'm sorry you have to go through this Ashmey. You're a great commissioner

Does anyone know how old IMS is? She comes off as rather young and inexperienced to me, not sure why.
ashmeyx3
Dec. 9th, 2010 06:14 pm (UTC)
she was polite until I said I needed to drop it, then when I asked what she bought with the money I gave her, then she got snippy. I don't feel like I was in the wrong for asking what she did with my money, and have full right to know what she did with it.
(no subject) - ichigoneko33 - Dec. 9th, 2010 06:18 pm (UTC) - Expand
(no subject) - ashmeyx3 - Dec. 9th, 2010 06:21 pm (UTC) - Expand
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(no subject) - ashmeyx3 - Dec. 9th, 2010 06:26 pm (UTC) - Expand
(no subject) - ichigoneko33 - Dec. 9th, 2010 06:27 pm (UTC) - Expand
duster
Dec. 9th, 2010 06:10 pm (UTC)
With her awful attitude and poor business practices (changing the ToS after the commission? What?) towards Peas_n_Rice I'm not at all surprised she has more burned customers. Sorry you had to get mixed up with such a bad artist. Hope you get your money back.
ashmeyx3
Dec. 9th, 2010 06:15 pm (UTC)
Thanks. Sadly, nothing was being said when I commissioned her, but hopefully now people can know not to do business with her.
(no subject) - ichigoneko33 - Dec. 9th, 2010 06:21 pm (UTC) - Expand
(no subject) - duster - Dec. 9th, 2010 08:14 pm (UTC) - Expand
(no subject) - ichigoneko33 - Dec. 9th, 2010 08:14 pm (UTC) - Expand
(no subject) - ducttapeninja - Dec. 9th, 2010 08:23 pm (UTC) - Expand
anjel_kitty
Dec. 9th, 2010 06:26 pm (UTC)
Wow... This was posted yesterday
http://www.furaffinity.net/journal/1929121/
Life as it is, sucks pretty bad right now.
Sick as all hell, broke as all hell and being flamed by obnoxious trolls any chance that they get to get online. I'm SO sick of this, this is why I hate the furry fandom. Everyone wants drama, everyone wants to make everything a big deal and make sure that the world sees it, everyone wants everything cheap and fast but durable and expensive looking.


Apparently people wanting her to own up to her financial obligations and refund their money is "furry drama" and has nothing to do with her own irresponsibility and poor business practices...
Good to know that she just is trying to push all the blame off on everyone else. Hopefully this will be the nail in the coffin for her fursuiting business and it will keep other people from dishing out money to buy her suits. She has a cute style, too bad it isn't framed in a decent business sense or the maturity to follow through after taking people's money


ashmeyx3
Dec. 9th, 2010 06:35 pm (UTC)
she posted that as soon as I asked what did she buy with my down payment. In our initial notes, she said it was to reserve a completion spot, and to buy materials. I understand that she has no money, but it shouldn't be my responsibility to send more money to get my supplies should it?
(Deleted comment)
(no subject) - ashmeyx3 - Dec. 9th, 2010 06:41 pm (UTC) - Expand
(no subject) - anjel_kitty - Dec. 9th, 2010 06:40 pm (UTC) - Expand
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(Screened comment)
anjel_kitty
Dec. 9th, 2010 06:43 pm (UTC)
I thought I was a member of this comm, but I can't see the post. Maybe you should link anyone who seems interested back to this post.
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(no subject) - oceandezignz - Dec. 9th, 2010 08:11 pm (UTC) - Expand
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stormslegacy
Dec. 9th, 2010 06:42 pm (UTC)
Her attitude is completely inexcusable.

That said, a non-refundable down payment is just that, the materials not adding up to that amount does *not* automatically make her a scammer. It takes time to draw up a pattern, source the materials, and shipping from each place. A deposit covers more than *just* the cost of materials, it's also the artist's time. Regardless of why a commission gets canceled by the commissioner, the artist is out time and effort.

That doesn't excuse her unprofessional behavior or attitude at all, but you can't expect to get 100% of your deposit back in materials when you cancel a commission. It's just the way it goes as a standard.

*edited for clarity



Edited at 2010-12-09 06:49 pm (UTC)
ashmeyx3
Dec. 9th, 2010 06:51 pm (UTC)
Thanks. I never thought of time being a part of a down payment, but I understand what you mean. Going to the places, paying shipping, gas etc...
A question: should my down payment cover the shipping? Or should I send her more money to send it?
(no subject) - jakejynx - Dec. 9th, 2010 06:57 pm (UTC) - Expand
(no subject) - ashmeyx3 - Dec. 9th, 2010 07:01 pm (UTC) - Expand
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ashmeyx3
Dec. 9th, 2010 07:36 pm (UTC)
She's been avoiding answering fully what she bought.
(no subject) - fenris_lorsrai - Dec. 9th, 2010 07:45 pm (UTC) - Expand
beetlecat
Dec. 9th, 2010 08:41 pm (UTC)
Although deposits are normally non-refundable, if she has said that she will refund in materials then that's what she needs to do.

Personally, I'd ask that the shipping costs be taken out of the $ you paid and she can send $25 less material (aka she can keep her glue sticks and polyfill and foam. Stuff that is no use to you anyways).

The only thing you really want is the fur (which is also the only thing she may not be able to use on another project) and you should be getting at least 3 yards of that to even begin to cover the amount paid. Actually, you should be getting closer to half a yard plus a monetary refund since that's all you need to make a head, but it sound like what you *will* get is leavings from other projects.

Given the last entry on her, I'd not trust giving her another $25. Definitely get a very specific itemized list before handing over any money.
ashmeyx3
Dec. 9th, 2010 09:07 pm (UTC)
I noted her for an exact list of materials she would be sending to me. Given what she has done to the other poster, I'm worried what I'll actually be sent.
(no subject) - msmanuscript - Dec. 9th, 2010 11:34 pm (UTC) - Expand
(no subject) - ashmeyx3 - Dec. 10th, 2010 01:03 am (UTC) - Expand
breakspire
Dec. 9th, 2010 11:10 pm (UTC)
I don't know of any past drama with this person, but I don't think it's fair to ask for the entire deposit's worth of materials if you have to cancel. If it were me I would take out materials to keep to cover time I spent researching, planning, looking for and collecting the right materials, and the cost of shipping. I live 45 mins from the nearest fabric store, so going out to buy simple things like needles, thread, and fleece takes hours. I can only speak for myself, but as a maker I am not exactly financially stable myself, so a canceled commission would hurt and mean I wasted time when I could have been working on something for a paying customer.

That being said, it's not far to you to get a box of scraps for your money. She should send you a portion of the raw materials she bought, just not $188 worth.
lilenth
Dec. 10th, 2010 12:13 am (UTC)

Shouldn't your base costs be factored into the deposit anyway?
(no subject) - breakspire - Dec. 10th, 2010 12:33 am (UTC) - Expand
(no subject) - lilenth - Dec. 10th, 2010 12:47 am (UTC) - Expand
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stormslegacy
Dec. 10th, 2010 05:51 am (UTC)
Yay! I'm glad it seems she'll work with you. Hopefully it goes smoothly from here.

I'm confused, is she planning on telling you what she has first? I think your list is perfectly fair, I'm honestly not much of a seamstress so I don't know how much fabric it takes to make a head, so hopefully one of the fursuit makers will comment with a fair estimate. I do know that in many online shops you need to buy a yard minimum of a color, so it's possible some colors will have more than others if it's a rarer color. Also was the head supposed to have hair? You should add purple to your list of fur too I think.

If it were something like taxidermy eyes I might ask for the eyes materials too, but it would depend.
ashmeyx3
Dec. 10th, 2010 05:58 am (UTC)
I am going to make sure she gives me a full list. And I forgot about the purple/pink hair, but yes, I'd want that fur too.
I messaged her again, asking for 1/2 a yard of each fur she purchased, the balaclava, and the foam. She hasn't replied back yet, but we are trying to reach a middle ground, so hopefully this can go under resolved by the end of the week.
(no subject) - peas_n_rice - Dec. 19th, 2010 09:02 am (UTC) - Expand
makealittlewish
Dec. 12th, 2010 11:19 am (UTC)
Thought I was leaving my comment on this entry, but left one on Peas N Rice's entry instead. Thought I should post it here as well since this is the most recent goings on with IMS.

Those who were wondering, she just turned 18. She claims she will be getting someone else to talk to her customers, which may be a good thing, or might get even more things lost without direct communication. I remember first hearing about IMS from my buddy Zardis, who, ironically, is being apologized to in this recent journal. I didn't know that there were even bigger problems floating about that involved her.

She posted this journal within the last 24 hours: http://www.furaffinity.net/journal/1935200/

I screen capped it here: http://img502.imageshack.us/img502/9094/imsnewjournal.png

Let's hope this is true.
metallik_hasse
May. 2nd, 2011 02:19 pm (UTC)
How did this turn out?
ashmeyx3
May. 5th, 2011 10:49 pm (UTC)
She has offered a full refund, but i'm not considering it resolved until I receive something of value
( 93 comments — Leave a comment )

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