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WHO dust-bite/Torrian Dear/EEEEAAGULLLL

WHERE: dust-bite/Torrian Dear, EEEEAAGULLLL on Subeta

WHAT: Waist-up couple piece

WHEN: April 23rd-Present

PROOF:

I commissioned dust-bite on April 23rd. I didn't commission her through deviantart, but through Subeta, where she's known as EEEEAAGULLLL. Here is a link to her artshop and my post where I originally commissioned her.

My friend and I commissioned her at around the same time; she commissioned her for a head-shot, where as I commissioned her for a $30 waist-up couple piece of my two characters. She got the sketches to both of us at around the same time, however she finished my friend's very quickly afterward whereas after I OKed the sketch and paid her... nothing. Here is a screencap of my payment.

Here's the sketch:



After about three weeks of no contact, and after she set up a chibi auction before finishing my piece, I sent her a PM on Subeta asking how things were going. Unfortunately Subeta didn't have a working outbox at the time, so I can't show the message I sent, but I assure you it was a very polite inquiry.

In the mean time she was updating her DeviantArt quite frequently, and while it stated that she was moving, she still had the ability to respond to messages and post the odd sketch here and there. Wondering if she just wasn't checking Subeta, I sent her another polite message on DeviantArt on June 1st. Within a couple hours, she had read it, but didn't repsond (and still hasn't responded.)



Since then she has actively been posting on both DeviantArt and her tumblr (dust-bite.tumblr.com). Some of them are old commissions, some of them are new. She even had time to draw a kiriban image for someone on DeviantArt, and work on her comic and website, orange-zombie.com. Getting a bit frustrated with the fact that she clearly had time to respond to my message/finish my art but chose not to, I decided to send her an e-mail on June 30th to the address she has listed on her DA page.



Still polite, but I haven't received a response.

At this point I just want my money back, but I don't know how to get ahold of her other than the methods I've tried already. She won't reply to my messages. I have a feeling she's purposefully ignoring me because it says on her commission journal (which I didn't see until after I sent her the first note on DA since I commissioned her on another site) that she will 'take longer if bugged.'

"Please be patient when you commission me. Don't rush me, it will only make me go slower. Asking for updates is a little stressful, but I'll provide them."

I didn't really think I was rushing her... I just want to know if she ever plans on finishing my art, and if not, if she can refund me. It's true that I haven't asked for a refund yet, before anyone mentions it, but I'm kind of a doormat and I'm afraid of doing it until she actually replies to me. I realize now I probably should have mentioned that in my e-mail.

Unfortunately I can't dispute this, not only because it's been over 40 days but because when I sent the money I didn't realize you shouldn't send payment as gifts. Sweet.

She also has another AB post here.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

( 28 comments — Leave a comment )
kayla_la
Jul. 20th, 2011 06:09 pm (UTC)
It's been a while since I've played, but doesn't Subeta have rules about this kind of thing? It might not get you your money back, but she might be held accountable on there since she took the commission there if you reported her to staff.
lackoflollies
Jul. 20th, 2011 07:02 pm (UTC)
http://subeta.net/help/rules.php?act=category&id=2

Their rules don't directly cover a tardy artist, she needs to contact their staff herself and asks.
nathanial
Jul. 20th, 2011 09:41 pm (UTC)
He! haha Yeah, I'm not sure if I'm going to bother contacting Subeta about this. They don't really handle transactions regarding USD, and while they might be able to reprimand her, it doesn't look like she's planning on playing any time soon. There hasn't really been any activity on her account since May that I can see of. If she does decide to come back, I might file a ticket about her (as she hasn't returned to her auction either, and that I know is against the rules), but as it stands now, since it was an outside transaction I don't think I'll bother.
lackoflollies
Jul. 21st, 2011 06:23 am (UTC)
He* Sorry hon.
duster
Jul. 20th, 2011 10:36 pm (UTC)
As far as I know, it's "buyer beware." You assume risk by paying in USD and Subeta does not get involved if the transaction goes bad.

Any other Subeta players can confirm or correct this, but I remember hearing something like that come up during the Centurymon debacle.
marus_puppy
Jul. 20th, 2011 06:59 pm (UTC)
I'm wary of people who respond with comments like "Asking for updates will make your commission go slower," no matter how "nicely" it's worded.
kyetsu
Jul. 20th, 2011 07:04 pm (UTC)
^This. It always comes across as an e-tantrum, even when "calmly and politely" phrased.
kayla_la
Jul. 20th, 2011 07:06 pm (UTC)
Yes. The proper way to go about it is to basically say 'Don't all out harass me or I have the right to refund and cancel'. You don't be spiteful like that, it's not good business and it makes you look petty.
marus_puppy
Jul. 21st, 2011 02:01 am (UTC)
Couple that with the "asking for updates is a little stressful, but I'll provide them" comment and you get a passive-aggressive, manipulative policy. Bad form.
kiriska
Jul. 20th, 2011 07:06 pm (UTC)
This. Artists who can't handle giving people updates shouldn't be taking commissions at all.
likeshine
Jul. 21st, 2011 03:36 pm (UTC)

*emphatic flailing*

YES
night_sky99
Jul. 22nd, 2011 03:58 am (UTC)
Your icon makes me happy.
blot
Jul. 20th, 2011 11:08 pm (UTC)
This. It takes 2-3 min. to respond to a message with a quick 'Hey, working on it/Something came up/Ect.' I mean, most the time ANY news is good.
nightmare_chan2
Jul. 20th, 2011 09:07 pm (UTC)
I have had a similar experience with her from December 2009 to June 2010. I waited 6 months for a chibi commission that ended up being rushed and missing half of his details but I didn't bother correcting her about the mistakes because the transaction was too much of a pain. I asked her a few times politely about the status of my commission - and she would open but ignore my 2 deviantart notes. She took on 5 new commission batches after mine and when I pubicly asked her why I was no longer in her slots she ignored me. It wasn't until after I was given encouragment to stop being walked on through this transaction that I warned her about how I was tired of her avoiding me and if I didn't get the artwork or a refund that I would be calling to paypal directly.

Maybe you should do the same? Try to keep a professional attitude about it - in my opinion you have had a good and polite attitude with her so far, but maybe take on a little stronger tone and warn her that it's ill mannered to go about handling your money this way and that you would like either the art or a refund? Sometimes people need a push to get to their work and treat it more like a real job and not a hobby you do whenever you feel like it.

I'm fairly disappointed that in over a year she hasn't changed her commissioning practices... I really hope that everything turns out for you.
notorious_hunty
Jul. 20th, 2011 09:30 pm (UTC)
Sometimes people need a push to get to their work and treat it more like a real job and not a hobby you do whenever you feel like it.

....And that's the problem with commission artists, they don't take them as seriously as they should. Yes, they should draw whenever they are inspired and they can relax for best results, but at the same point, it's the same as buying a product from a store.
notorious_hunty
Jul. 20th, 2011 09:32 pm (UTC)
DX Since I'm not allowed to edit/delete my comments, just ignore the second part after I said that some artists don't take commissions as seriously. I just realized what I read didn't make any sense. Sorry bout that.
nightmare_chan2
Jul. 20th, 2011 09:48 pm (UTC)
No! I see where you're going - or at least it makes sense to me. Though I understand as someone who commissions often and does artwork as well that sometimes the creative juices don't flow and you might give a poor final product. However if that ended up happening you need to keep fantastic communication with your customer. If that is Dust's problem then she should have kept the OP up to date. When a customer keeps coming to you for a response, it doesn't paint you well. :C
saniika
Jul. 20th, 2011 10:13 pm (UTC)
I really dont understand such behavior - commission is a deal, it should be natural you keep the client updated and especially when he is asking for an update.

But what I dont understand even more is that someone actually takes new batches of commissions, when there are pending ones. That never works and doesn't show the artist working economically. For me it would be a clear signal he is not reliable and treats his customers as second important party in the deal, while both sides should be equally important/satisfied.

Reading the comments here with people having bad experience with her makes me wonder why she havent received the "beware" tag even sooner. :(
sbneko
Jul. 20th, 2011 10:19 pm (UTC)
Actually, it does work, the problem is that most people don't know how to work with it properly and aren't fast workers.

Me for example, I'll have a couple commissions to work on, then open for more. But I work from first paid then down, so new people aren't worked before others. I also don't take a month on pictures, so it isn't much of a wait either.

Course, there's the few here and there I'll do first that is new, but it's small things like rough sketches, giving myself a little break from a large commission.
sbneko
Jul. 20th, 2011 10:21 pm (UTC)
Oh right, and the biggest problem is that people don't know when to stop. They'll have a ten person list then take on more. That's when the problem starts.
saniika
Jul. 20th, 2011 10:38 pm (UTC)
Yep, this actually happened to me before and I fairly quickly gathered the clue to notice something was not going to work out in the deal (I as a commissioner.)
saniika
Jul. 20th, 2011 10:36 pm (UTC)
"But I work from first paid then down, so new people aren't worked before others."

And that is very fair and I fully agree. As you put it, it would work, I can imagine that (for example being your client seeing you work like that.)
notorious_hunty
Jul. 20th, 2011 10:47 pm (UTC)
Off-topic. LOVE THAT ICON.
saniika
Jul. 20th, 2011 10:50 pm (UTC)
Haha! In any case you're familiar with the person on it? :D Thanks!
notorious_hunty
Jul. 20th, 2011 10:51 pm (UTC)
Yes! :3 Yazima Hair Salon is EPIC WIN. <3
sbneko
Jul. 20th, 2011 10:54 pm (UTC)
Mhm, plus it helps that my online list has dates on it. So you know who paid first over others. People who get done even though they're newer is majority of the time because they reply to emails faster, meaning I can continue to work on theirs while I can't on others.
saniika
Jul. 20th, 2011 11:11 pm (UTC)
Hm, this is neat, thank you for explaining. Now that you mention it, I have indeed seen people making lists with dates. Oh, yes - thats also true - deals which are communicated through faster fasten up the pace too.

Personally I make it a rule that I accept payment only if I know I will be able to work on the commission, lets say, in two days (I mean that the client would not wait for me starting to work on the artwork more than two days.)

Its just me being obsessed - I can never know what happens and I would be nervous that the client payed me and I cant get the job done (dunno for example having broken arm, being in hospital or dying! ok...that was a little morbid... but you get the point.)
Only once I let 2 of my clients wait for a month, but I kept them updated and had a very good reason for it.

(sorry if the debate is getting offtopic from the original post >_<;)
sbneko
Jul. 21st, 2011 12:13 am (UTC)
It's a little off topic, but discusses how you should work, so it's not so bad.

I completely understand. I personally never have a "what if" situation. Because I'm reliable, I'll have money ready for refunds if anything ever happened. I never really thought about the dying part though.
( 28 comments — Leave a comment )

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