An artist I commissioned a while back (about five months ago) with a friend had made no progress with their queue, citing multiple reasons for doing so. While I am empathetic to their situation, I do not think they are currently in the position to be taking commissions right now. I approached then earlier today and said I'd be glad to commission them when life has settled down, but that my friend and I would like a refund.
This is the part where I'm reminded that, according to their TOS, a refund will not be given if the client cancels. When we bought a commission, we were okay with this because the artist was regularly posting completed commissions and we had no reason to assume that it'd take this long to see no progress anyway.
I realize I'm kind of an idiot. That said, is there any leverage at all for me here, or do I just have to wait it out?
Thanks in advance.
This is the part where I'm reminded that, according to their TOS, a refund will not be given if the client cancels. When we bought a commission, we were okay with this because the artist was regularly posting completed commissions and we had no reason to assume that it'd take this long to see no progress anyway.
I realize I'm kind of an idiot. That said, is there any leverage at all for me here, or do I just have to wait it out?
Thanks in advance.
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Just saw you said you approached them earlier today. Don't know how I missed that.
Edited at 2014-10-12 06:10 am (UTC)
Generally "no refund" clauses in TOS can be a bit of a red flag and they usually relate to the commissioner cancelling in the middle/after the image is done, but like mentioned it's illegal to not refund if they haven't done the work, and you're not cancelling just nilly-willy, as the artist has driven you to ask a refund (so if they want to play semantics, I'd point that out).
Edited at 2014-10-12 06:28 am (UTC)
The threat of taking action in getting a refund seems to have produced a sketch. We are waiting on a final product now. I usually screen artists, but I didn't this time because I trusted my friend to do so. Whoops.
It's been several months since we bought the commission, So we can no longer dispute the charge unfortunately. However, there is always AB in case things go further south.
Again, thanks for the advice. I appreciate you all taking time to help.