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Advice needed-refunds

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.

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Comments

( 10 comments — Leave a comment )
zackfig
Oct. 12th, 2014 01:37 am (UTC)
Just because a TOS says no refunds if clients cancels doesn't mean it won't fly. I hate to say this but you can always do a chargeback thru your back or credit card if you paid thru paypal and the 45 days already expired.
dragroons
Oct. 12th, 2014 02:39 am (UTC)
Like Zackfig said, just because it says in their T.o.S that it's no-refundable doesn't mean there isn't legal actions you can take. Try contacting paypal, even after the 45 days. As It's actually illegal for them to say they won't refund a service they haven't provided.
clockmagic
Oct. 12th, 2014 06:09 am (UTC)
Nothing idiotic about what happened, either things happen or it's just not what you thought. When did you last message them? Possibly let them know to either finish what you had commissioned them for originally or get your refund or else you'll have to go through paypal to get it back.

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)
vauvakolibri
Oct. 12th, 2014 06:25 am (UTC)
Agreeing with issuing a chargeback/dispute; obviously in this situation the artist's actions (or their lack of, more like it) have driven you to ask for a refund.
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)
roxyfur
Oct. 12th, 2014 06:29 pm (UTC)
Just wanted to pop in to say that Paypal's new dispute time is 180 days, not 45! Their clause in the TOS is definitely not something that would stand up legally or to Paypal. So if you're within 180 days, it would be reasonable to charge it back if they refused to refund you.
teekchan
Oct. 12th, 2014 06:58 pm (UTC)
I think it may only apply to new transactions as I wasnt able to charge back something taken from before the change, but over 45 days old.
roxyfur
Oct. 12th, 2014 08:16 pm (UTC)
Hmm, you may be right. I haven't read too far into it, but it would make sense to stick to old terms for old transactions, and new terms for new ones.
nekomaroo
Oct. 13th, 2014 04:00 pm (UTC)
It goes into effect in November.
gestrom
Oct. 12th, 2014 10:50 pm (UTC)
First, thank you everyone for your input.

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.
vauvakolibri
Oct. 13th, 2014 09:41 am (UTC)
Actually I think you can still call Paypal directly even after the dispute time has ended, especially in cases where you haven't received what you have bought etc. It doesn't always help but it's still a thing one can try.
( 10 comments — Leave a comment )

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