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Beware: Deadlyhabitual

WHO: Deadlyhabitual

WHERE: http://www.furaffinity.net/user/deadlyhabitual/
Should note she has no TOS.

WHAT: Three portraits for furcadia.
http://i50.tinypic.com/opzg4i.png
Priced all around at 45 dollars.

WHEN: Between February 6th/7th to March 3rd.
First contact/sending of payment. http://i.imgur.com/ofvFbuT.png
Last note I received from her. http://i.imgur.com/gq8LdMc.png

PROOF: Paypal. http://i.imgur.com/iKIF3xM.png I did send a little extra cause I didn't want to be short a few cents, and because I wanted to come off as nice.

EXPLAIN: I first approached her for commission around tax return, my mom had given me a hundred something dollars to spend on whatever I wanted. So I opted for some ports for my characters, a witch, a red riding hood, and an anthro avian. I was nothing but pleasant, and nice. I was patient, and didn't give her a deadline, and her friend had told me that if I had, she would of felt rushed and ended up not doing it. I did ask a few times how the art was coming, I was a bit nervous(mostly due to my anxiety disorder), to order from someone I had never commissioned from before, but I sucked it up and waited. There was a snow storm going through their area, I understood, and sat quietly by while I waited, before I got the sketches shown above. I asked for a few minor changes.( http://i.imgur.com/6AaC23B.png ) She had left out the necklace on the penguin, and I had forgotten to mention that she was anatomically correct(i.e. no bewbs), I mostly blamed myself for not defining that. After wards I continued to wait, asked for an update and an estimate for when she thought she'd be done and she told me this http://i.imgur.com/gq8LdMc.png. Well come morning, there was no finished product, nothing, I even had left her my emails for the sending of the ports, but I had received nothing, so I continued to wait, sending her a few more notes for updates, which went read, but not replied to.( Out box http://i.imgur.com/743sIBs.png Inbox http://i.imgur.com/15b2OoP.png ). She went on hiatus apparently(I didn't think to snap a screen shot at the time, stupid I know.), but said she'd get the art done, once again, I waited. Her computed apparently crashed, so I understood and continued to wait, once more, she had started up an art drive.( http://i.imgur.com/FFqIJc5.png ), as you can see I'm on the waiting list, so I continued to wait. A month after, she finally says she's closing. ( http://i.imgur.com/AGWUhKs.png ) Still says she's going to finish the art everyone paid for, and to post there to remind her. ( http://i.imgur.com/O2845D2.png ), at this point I'm getting a little worried, but of course, I continued to wait. So three weeks ago I asked for an update, which goes unread, I wait thinking maybe she hasn't had time to check her inbox. And then eleven days ago I finally asked for a refund, so that my mom wouldn't get pissed at me for spending money on something that would never come. ( http://i.imgur.com/2CLiUm5.png ) I even left her an email, incase her inbox was constantly receiving notes.( http://i.imgur.com/UuRVKIb.png ) All through this I was never once unpleasant, maybe I came off a bit pushy, but I was nervous, because I had never commissioned from her before. From now on, I'll stick with artists who I commissioned from before hand(and have received art from). These notes, as you can see, have gone unread, and I have not received an email from her yet. I just want a refund, so that my mom won't be mad at me, and so that I can eventually recommission someone for new ports.

Update: She has told me she will refund me. ( http://i.imgur.com/sXnp3ql.png ) Although it isn't borrowed money. (My mom *gives* it to me for tax refund), I am pleased she is going to refund me.

Update No.2: I have still not yet received a refund.

Current Mood: Tired of waiting.

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Comments

( 47 comments — Leave a comment )
exo_formicidae
Jun. 18th, 2013 01:17 am (UTC)
Hmm, there is definitively a lack of communication from her side. However, if she did show you a sketch I don't think you should get the full $45, she did do some work, even if it wasn't completely correct, so I think 45 - the price of a sketch would be more fair.

On a side note, I might be butting into your bussiness here, but I think/hope if you explain the situation that your mother won't be angry. It's money, and you should have recieved something for it, but it's still the artist who took the comission and haven't delivered.
ladyelysium
Jun. 18th, 2013 02:10 am (UTC)
I disagree with you that the OP shouldn't get the full $45 back. At the end of the day, they paid for complete pieces of work and the artist did not deliver what was paid for. A sketch is an uncompleted piece of work (in this case at least) and I don't believe the OP should be made to pay for something that is not complete - especially since it was through no fault of their own, it is 100% on the artist.
(no subject) - yarbro - Jun. 18th, 2013 02:14 am (UTC) - Expand
(no subject) - houndofloki - Jun. 18th, 2013 02:20 am (UTC) - Expand
(no subject) - dingus - Jun. 18th, 2013 02:58 am (UTC) - Expand
(no subject) - houndofloki - Jun. 18th, 2013 03:17 am (UTC) - Expand
(no subject) - the_vol - Jun. 18th, 2013 05:20 am (UTC) - Expand
(no subject) - shukivengeance - Jun. 18th, 2013 05:19 pm (UTC) - Expand
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(no subject) - neolucky - Jun. 19th, 2013 04:10 am (UTC) - Expand
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(no subject) - neolucky - Jun. 19th, 2013 04:24 am (UTC) - Expand
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(no subject) - neolucky - Jun. 19th, 2013 04:17 am (UTC) - Expand
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(no subject) - sigilgoat - Jun. 19th, 2013 04:34 am (UTC) - Expand
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(no subject) - sigilgoat - Jun. 19th, 2013 04:41 am (UTC) - Expand
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(no subject) - neolucky - Jun. 19th, 2013 04:46 am (UTC) - Expand
(no subject) - thesquarefox - Jun. 18th, 2013 02:34 am (UTC) - Expand
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(no subject) - angelofgeek - Jun. 19th, 2013 02:38 am (UTC) - Expand
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(no subject) - neolucky - Jun. 19th, 2013 04:35 am (UTC) - Expand
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(no subject) - neolucky - Jun. 19th, 2013 04:57 am (UTC) - Expand
(no subject) - oceandezignz - Jun. 19th, 2013 05:00 am (UTC) - Expand
(no subject) - thesquarefox - Jun. 19th, 2013 10:22 am (UTC) - Expand
(no subject) - celestinaketzia - Jun. 24th, 2013 08:20 pm (UTC) - Expand
(no subject) - thesquarefox - Jun. 24th, 2013 11:56 pm (UTC) - Expand
(no subject) - celestinaketzia - Jun. 27th, 2013 10:29 pm (UTC) - Expand
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(no subject) - werewolfofwater - Jun. 21st, 2013 01:05 pm (UTC) - Expand
thecreativepen
Jun. 19th, 2013 05:04 am (UTC)
The artist effectively cancelled the commission by refusing to finish and not providing WIPs through non-communication. I personally believe if the commissioner cancels, a partial refund is in order for work done. But the fact remains that this artist apparently has no intention to finish the work.
yarbro
Jun. 18th, 2013 02:02 am (UTC)
There is no doubt there is a lack of communication- I saw on the artist page is that the artist is closing business. :/ Odd.

I do agree with Exo Formicdae that you should explain to your mother what happened.

Please take my next suggestion as a grain of salt- I am not trying to make you as a bad person (because you are not). But it could prevent you and your mother a few headaches.

I would suggest not to spend someone's else money unless it is a you fully own it. Even though you did nothing wrong and did everything correct in this situation- because what had accord, you are now having this direct tie of your mother's money and the unresponsive artist.

And I hate to see you being torn up because of that. If it was your own money- even though you did lose it- at least it wasn't your mother nor do need to pay her back or prove you receive the product.

So my suggestion is not to spend "money gifts" unless you can receive the product directly (such as a premade item).
deadlyhabitual
Jun. 27th, 2013 06:40 pm (UTC)
Thank you. And I fully agree. As my mother never gives me money for anything and even if she did I would never spend it on commissioning someone for something.
If I had known that I'd have never taken that commission on. The money needs to be coming from YOU. This get's me into trouble with your mother, and of course I can be legitametly taken into extreme trouble with money owed to a PARENT.
vexinglyyours
Jun. 18th, 2013 07:03 pm (UTC)
This is both disappointing and somehow I could have seen this happening. I tried to contact them about getting a commission from them years ago, and I got the okay to give refs and I did, but they never responded or even told me how much it'd cost. :( Their art is really nice. It's a shame to see that they don't communicate well for business transactions.
shukivengeance
Jun. 18th, 2013 09:04 pm (UTC)
Similar situation here, DH accepted my commission but communication dropped entirely before payment took place.

Thankfully I didn't lose anything other than some wasted time, but yeah like you said I saw something like this being a strong possibility too.
(no subject) - deadlyhabitual - Jun. 27th, 2013 06:42 pm (UTC) - Expand
trunchbull
Jun. 20th, 2013 11:49 am (UTC)
Is anyone considering the possibility that if an artist is 85% finished with the artwork, and the commissioner cancels the commission, they'd be royally screwed out of their money AND time? Say, the artist shows the commissioner a thumbnail of the 85% completed work (where they only need to shade in the background), and while the commissioner like the art/approved after being shown the sketch, line art, and flat colors, they want a refund after being shown the 85% completed commission.

Do you think it's fair that the commissioner receive a FULL REFUND for cancelling the commission at 85%?

Even without a TOS, and citation of sources regarding the legality of this situation, it can come down to morals. Is it ethical to ask for a refund when one has been happy with a commission up to a certain point, where they ask for a refund? Whether it is done to harm the artist, or simple lack of interest, I believe that an artist should be refunded based on the amount of work they have completed IF the COMMISSIONER has initiated the request for a refund. This would not apply if the ARTIST had initiated the request to refund the commissioner (say, because they lost interest or can't complete the drawing). Then, the commissioner would receive a full refund.
angelofgeek
Jun. 20th, 2013 02:24 pm (UTC)
Don't get me wrong, I would love it if she told me she was almost finished with the art AND showed me she was, my main issue with her is that she has not once messaged me explaining if she can or can not continue it. I saw her online on furcadia yesterday, I didn't message her because I was busy, but I did check fur affinity to see if she had checked the messages, and they are still sitting unread, and I am still sitting without an email back.
REPLY - deadlyhabitual - Jun. 27th, 2013 06:13 pm (UTC) - Expand
shukivengeance
Jun. 20th, 2013 05:30 pm (UTC)
This is a case where the artist is not showing they're willing to finish or even communicate, so it should be considered a cancellation on their part.
millislim
Jun. 21st, 2013 09:34 am (UTC)
If this were any other transaction? Like, say, a window replacement...would a 100% refund not be appropriate? If I hire someone to install a window in my house...removes the old one but never finishes the job...leaves all the supplies what am I supposed to do with it? Yes, they spent time to start the project and even money on the supplies but plans and parts does not a window make. If the contractor wants to recoop the cost they can try and sell the bits they purchased and eat the cost of time lost. Where this whole thing gets muddy is no TOS and no deadlines...so maybe the real argument is how long is too long to wait? I doubt anyone would argue that if my window scenario stretched out for weeks that I would deserve 100% of my money back to have the job done properly. Just because the fandom is more lax about things like this doesn't mean it shouldn't be held to the same standards of customized work. Falling off the planet and lack of communication sounds like a closed business and those that were left behind should be given their money back.

This is a perfect example of why artists should have a TOS and commissioners should ask about deadlines and refunds BEFORE pen touches paper...it avoids SOOO much of these kinds of things

FYI: I am an artist on FA
nakoothetauren
Jun. 25th, 2013 07:27 am (UTC)
Wow.
This is a perfect example of the things that can be wrong with this community. Everyone reads to much into everything.

Other than that, as you the commissioner are the one terminating the contract the artist should get compensation for time worked. You are paying for a service, not a finished product as so many have stated. Perhaps 5 months is long enough a time to count the contract void on the artist behalf? I live somewhere where the laws just wouldn't apply to your situation so I will not quota anything. The statute of limitations in your area may be very different to mine. I mean most Statutes are around 5 years.
deadlyhabitual
Jun. 27th, 2013 05:59 pm (UTC)
REPLY :)
Hello I am Dani aka Deadlyhabitual on FA and I was bought to my attention about this blog. I am not an untruthful person and not trying to put myself in a light where I am labled as wrong...

Now my lack of contact has been for three reasons:

My laptop keyboard is shot, I cannot type and the only way I am able to communicate at all is by going to the computer lab where I am now to post this reply. The internet is extremely shotty here and very unstable. Not only this but the keyboard wireless is also broke.

Art is my only source of income and being unable to type makes for extremely slow responses as well as horrible typing, only down to one worded replies:

I stream daily if I can. Now the mac's keyboard issue is a issue not covered by the manufacturers warranty. The issue is dealing with the cable that reads the key inputs under the battery compartment. and is a very very common problem that costs $180-$250 depending on that model. Money, I do not have paying off $60k in student loans.

The other issue is the breaking of my tablet pen which is not covered by wacom's warranty. Thusly I was forced to close all my commissions and my FA because I was completely without communication and owable to my commissioners.

Dagger was extremely kind enough to allow me to buy a new pen with HER commission money to allow me to draw again. Everyone who saw my live stream in May knew of my keyboard and tablet pens being shot. And I posted two journals on it.

My commissions are still closed, and I will be catching up of four works inactivity. HOWEVER. You did not state this was money borrowed from your mother till you told me after in a message to me sometime of this early month. If I had known this was BORROWED money esp from a parent and esp from a TAX refund I would have NEVER taken on such a commission. I would never take a parent's money...this said I will still do you the portrait if you would like and as well as refund the $45 dollars to your mother as you have requested me, but I cannot take money from any commissioner that it is not LEGITAMETLY their's...it gets me into trouble and is horrible practice and I will not do it.

I thank you however for kindly commissioning me, and I am extremely sorry for the inconvienence and terrible business practice and your wait. But real life things happen, most of which is beyond our control.

Thank you all for your concern and talk and I will do my best to get that money to you within the next few weeks. Ontop of that other works I must finish due to my broken pen.

Thank you all, and happy arting.
(Screened comment)
sigilgoat
Jul. 25th, 2013 01:29 am (UTC)
Re: soo..
Are you attempting to make also make a beware on this artist? I've screened your post and encourage you to read the user info (here - http://artists-beware.livejournal.com/profile ) to go through the proper channels to make a beware on our community.
( 47 comments — Leave a comment )

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