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Beware: tobeabird (Resolved)

Where: (MOVED) http://www.furaffinity.net/user/cynical-sergal/
http://www.furaffinity.net/user/tobeabird/
http://www.furaffinity.net/user/otter.nonsense

What: $897usd Fursuit parts and art

When: First payment - 20th July 2015
Last payment -Rush order- 8th July 2016

Proof: (#1st Order - Small canine kit) http://imgur.com/Cm1JdS6
(#2ed Order - Small Feline kit) http://imgur.com/CaxyqE9
(#3ed Order - Uncut Base Order) http://imgur.com/j8waCwt
(#4th Order - Art/ pictures) http://imgur.com/rBxO8j1
(#5th Order - Stuffed Tail Order) http://imgur.com/7stIhPk
(No longer Needed)
(#7th Order - Rush Order Fee) http://imgur.com/vMxKw14
(PLEASE DOWNLOAD THEM TO READ PROBABLY!)
(#8th Emails -1) http://imgur.com/sfoBqoo
(UPDATE: Emails-2) https://imgur.com/rnlzno2
(UPDATE: Emails-3) http://imgur.com/FjO3lYE
(UPDATE: Emails-4) http://imgur.com/0jfXwaB

***(This is now been marked as Resolved, I no longer wish to continue waiting for something to be done. So I wish to just leave this beware alltogether. There for it's now marked as Resolved, this way it's done and over with. Many thanks.)***

(Final Udate: Thanks paypal; Paypal states they will give a week for seller to ship the items owed, yet 2 days later they refund me anyways. Sigh... I'm glad I got the refund, but so annoyed that I waited a year plus for everything, I didn't mind the extra week. It's great they were on my side the whole time, but damn it paypal the seller had a week.
I've been shown I did skip the TOS, so at this point I'm fine with just getting the first postage costs back and nothing else, I already have the final postage costs and rush order; since it's now not offically sent or was sent on agreed rush date, then that's all I'm really owed. Because sellers TOS - States no refunds, not even partial refund, then I can not claim on items themselves, only postage since it wasn't sent, that's all I can ask for, which is fine... So from this point I'm only owed first postage costs only. Many thanks.)

Threats are made for now the second time -
(Update: Emails-5) http://imgur.com/H7di3Sy


Explain: I first saw the sellers items at the beginning of July 2015. (They have moved accounts since we first talked.)
*I asked for my first small canine kit, which came with - canine foam base, choose of static or moving jaw nose, tongue, teeth and balaclava. (20th july 2015.)
*I couldn't pay for postage at the time due to my exchange rates, so we agreed I'd pay that later, which I did (19th aug 2015.)
*Next order was for a Small Feline Kit, (It was a canine base at first, I changed my mind later) Same thing as canine, just feline shape instead (1 oct 2015.)
*Next was for a stuffed fully finished fursuit tail -black with a white tail tip- (28th oct 2015)
*Next was for - Canine form base -not cut- (29 nov 2015)
It's at this time i'm starting to ask for photo's or progress. I get Messages explaining they are having a bit of a hard time. Sorry for all your troubles, I have them also, I have had bad ones for years without knowing I had them.
*Next I see they offer art and seem to be doing them pretty quickly, well at the time they were -(1 Dec 2015) and (22 Dec 2015.)
*NO LONGER NEEDED*
I'm getting upset, annoyed and starting to loss myself, I have a metal breakdown. But it's not just this seller, I've had a truly bad time mentally many times over the years, so I'm now on pills etc to help me. At this time I break down to the point I snap and say and do things I truly do regret, but I do not remember doing them. I see what I said, and I say I'm sorry and I really do mean it, I'm normally the very nice and claim type, so this shocked me just as much as it did everyone else at the time, including the seller.
*I offer a (Rush Order fee -8th Jul 2016) And we agreed on everything to be done beginning of August. Everything is done at the beginning of August, so all I need do is pay the difference in postage.

Final Postage Has Now Been Paid = 8/09/2016. (Proof = http://imgur.com/63VTKGU )

((I have not had much time to update this, I'm very sorry for that.)) I was just worried after all the emails mentioning I would get final postage cost, but at the time didn't seem to be happening, that I posted this beware up in the first place. ((But I did get one later, which has been paid for.)) I've had bad sales before and many times sellers promised me this day then that day, and it was kinda the same here or at least seemed that way, so I got fustarded thinking it's happening again, it's where my mind went automatically, so I filed a beware. I got the final postage cost, but also was informed to include the facts I was ok with waiting at first, that I understood at the time I had to wait for everything to be shipped together. Which you can read our emails for yourselves. I may have made this beware to soon and without warning, but with the stuff around I had been given, how could I not think my money was being taken for nothing in return. I was over thinking things and jumped to just thinking nothing but bad thoughts about everything, I should not have done that, but at the same time I wasn't being reassured with photo's I had asked for muliple times, if at all I even got them once, I would have waited with no issues at all, so I'm sorry, but at the same time I have the rights to think badly when nothing was truly being provided, other then emails stating I would get it etc - Many times the same email, it seemed like copy/paste and nothing else. ((PLEASE DOWNLOAD THE EMAILS TO READ THEM PROBABLY!)) In hindsight I should have just asked for each one to be sent by themselves, I know this for future refference I will not make that mistake again. Again I'm sorry.

I did rush into making this beware, and I am sorry for that, but I also had rights to do so, I do not need to give a warning that I would post one, stating this is a threat is it not? No matter how I worded it, even as nice as I could, it would not have mattered, as I was informing them I'd post a beware If I did not get my products, and doing so is a threat, this is exactly why I didn't give any warning at all. I did offer to pay taxi fare and was told to wait longer because they wished to shipped items together, again I get that, saves time and money. But I offered the taxi fare, I wish they took it, I would never have posted this beware otherwise. I would have had this shipped - 23ed - maybe 26th August. It would have been over and done with already. First try at posting it failed due to the post office getting it wrong with the details, USPS takes two weeks to refund the shipping, so I waited that.

They informed me of the refund being put back - 29/09/2016 - They informed me Tuesday works for them best they would sent it then - Which would have been - 04/10/2016.  (It's now today - 04/11/2016.) One month supposesly after getting the refund. They could ship it any Tuesday from when the refund was given, but they didn't. I gave a final date and never got a reply, If they simply asked me 'could I wait til the last day for them to send it'  I never got an emailing asking for that, I never would have placed a dispute to paypal on the final day. I heard nothing for 2 weeks after I asked if I could not reply to them anymore, since the emails were always seeming the same. I never said I didn't want them to contact me at all. Even a simple 'I understand, I'll message you when I ship it, give me til such and such date, or provide me a Final date for me to work off' All this could have been avorded if I had gotten that request.

If seller wishes to block or remove me later then that's fine I get it, I do not wish to order anymore anyway. There's not much else I can say. I will ask the admins to mark this as resolved once I have gotten the items I paid for, as that's all that is needed now, nothing else. I'm not even fused if I get the art anymore, I just want the items at this point nothing else.

Final actual item that was orderd was the Uncut canine Base = (29 nov 2015) - Still almost a year ago actually, 10 months if we are to get techial.

Many thanks for reading.

*Updates Provided above, hopefully that is ok?*
(Admins have requested that I update this again so they may keep track of how things are going.)
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

PB_Willow
Nov. 8th, 2016 12:42 am (UTC)
I do not email the TOS to any buyer for small parts (tails, ears, small premade items), all the TOS terms are posted in each sales post, which those sale posts that date back to the start of all the transactions, do indeed have them linked (the tos / terms) and do indeed say that by purchasing, you're agreeing to the terms. The only tos that is on an emailed form is for whole fursuit commission sales.

Sales posts found here:
http://www.furaffinity.net/journal/6839825/ (tos in the post / terms of purchase in the post
And again: http://www.furaffinity.net/journal/6129590/
And again: http://www.furaffinity.net/view/17761581/ (this one links back to all the information, tos, etc.)

In all 3 posts in which the client either contacted me via note or in the comments to claim the purchase, all of the posts said, once work is started it's non refundable.

By offering to re-sell and refund, I'm already going out-side of the terms. The only thing that is null from the sales is the turn around time since the client wanted to repeatedly purchase more and more items but not have me ship, as we've both confirmed during this whole beware thing, because it would be 'cheaper' for them to just have it all shipped into 1 large package. The comments should also show that they also asked for delayed payments / wait time for funds as well.

The terms were everywhere, it's not my job to make sure a client reads them, by following through with their purchase, as my terms say, they are agreeing. Like you said if it's glossed past, it's on the client.
PB_Willow
Nov. 8th, 2016 12:56 am (UTC)
Found another post with the journal linking back as well that the client claimed in the comments on:
http://www.furaffinity.net/view/16977023/
kitzwing
Nov. 8th, 2016 01:15 am (UTC)
I would suggest though that you email/note TOS from now on as well to cover yourself. It's so you know for sure you have that as proof as well if anyone else forgets to read it, or might have missed it.

I personally missed it. So pissed at paypal, only because they told me a week, yet I get it refunded anyway. I mean I'm grateful they refunded me, but so annoyed they didn't give the week they stated to me, there by giving you that week to send it.

It is a slight bit unfair to not offer a refund though, other buyers should at least get a partial one, as they paid for it. What if they never see it, say you don't ever send it, they spent that money for nothing in return. It's free money for you, and it's not truly fair that other buyers as well can not claim anything, all because of your TOS.

P.S. I was informed over the phone a TOS does not count legally unless you are a fully licensed business and unless an official contract is also signed as well, with a witness being friend, family or lawyer. So unless you have a legal license to sell products the TOS does not apply. It's what I was told anyway...

I could ask a lawyer, but they cost to much just to have that fact conformed. I'm just going by what I was told by paypal and my bank right now, so yeah they could be wrong, but again just going by what they told me.

Edited at 2016-11-08 01:16 am (UTC)
PB_Willow
Nov. 8th, 2016 01:48 am (UTC)
I'm not here to argue by any means but please scroll down and read the comment I posted two below yours with further screen shots and proof. You were given the TOS/ terms of purchase before the first payment was even given and before your first order was even made. I even write in the comments, word per word, that that journal was my TOS/Terms of purchase and you thanked me and said you would save the links. You were made aware from the start of said terms.

I have never not delivered a product, while production has been slow, yes, all products are either received by the client or in harsh situations (like this one) I forcibly terminate the commission and proceed with my refunding methods. Despite having done all I was supposed to do and trying my hardest to get this all out, delays happened, a dispute was made, mistakes were made. Termination is the only option now at this point and a partial refund.

If I held true to my TOS there would be zero refund. I do not personally see that as fair, so a partial refund is what I have to offer. I still have to re-sell the items which means I am not profiting off a purchase, that money doesn't get to be kept by me for any of the labor costs at all, all labor costs which is outside my 30% goes to the refund. The 30% is for material costs. As it has always been with nearly every maker out there. Non-refundable deposits cover materials. The products are all completed which means I am out product and labor costs. You get a partial refund and I get to be done with this entire thing all together.
kitzwing
Nov. 8th, 2016 01:57 am (UTC)
Alright then. I saw it and forgot I had not read it, so I am sorry for that.

I've let the admins know they are welcome to close this as resolved now if they believe it should be.

I can not do anything else, I see where I had the mistake now, so yeah I can not do anything else.

It's up to you if you still wish to give a partial refund, if not then that's fine...

Thanks.
celestinaketzia
Nov. 8th, 2016 02:00 am (UTC)
mod comment
Bewares are marked resolved when you tell us it is resolved.

You have gotten a partial refund, so what is owed to you at this point?
kitzwing
Nov. 8th, 2016 02:03 am (UTC)
Re: mod comment
Seller is still doing the math for it etc, but seeing as I missed the TOS tech they owe me nothing.

So you are welcome to mark it as resolved. since I did miss that, and so I can not claim anything else.

Many thanks.
PB_Willow
Nov. 8th, 2016 02:07 am (UTC)
Having to re-write this because gate-way timed out???

I am not here to argue by any means but please scroll down two comments down and you will see a link and screen shot with time stamps proving that you were given the TOS/terms of purchase before you even inquired fully about your very first commission start-up or before you sent the first payment. You replied with a thank you and that you would save the links. Word-per-word, it says my TOS/terms of purchase and prices were in that journal.


I have never NOT delivered a product. While my production at times can be very slow, yes, all clients receive either their product or a refund according to my refunding methods as per my TOS. According to my small parts tos, zero refund is available. I personally, despite everything happening with this commission, do not think that would be fair to take such a large amount from anyone without anything given back, so a partial refund is what I have to offer.

What most clients fail to realize when gaining a partial refund is that they are not the only ones 'losing out' on money. Labor costs is what an artist profits on custom made items, 30% non refundable deposit as with almost every maker out there, is what covers the material costs. When I sell a base to Mary Sue for $95, 30% of that is the foam, gloves, cups, stirring sticks, smock, cleaner, soap, mold, etc. The rest is labor costs. When I make the base and pack it up and Mary Sue demands a refund, that base is already done. The product is already done. So in order to appease Mary Sue, I re-sell the base to John Doe. John Doe buys it for $95 same as Mary Sue, Mary Sue receives $66.50 which is the entire labor cost outside of the material costs (in which base-cases, this doesn't actually cover the material cost in full at all which is why I say they are non-refundable once completed). That base now makes it's way to John Doe and Mary Sue gets her money back. Myself as the artist, I have now lost the product to a new client AND the money for the base to the previous client. My "profit" was $28.50 which was the material costs. Which again, isn't actually fully covered with the 30%. So again, this is why "all small parts are non-refundable."
I have done a product for only the material costs and gain no profit.

This is why I do not allow bases and small parts to be refunded once work has started. All other clients in the past get their product and that's that. This is why my TOS differs for larger fursuit items/fullsuits because that is a whole other ball-game with the ratio of material costs to labor and how and when a client can demand a refund. Different product, different rules.

I am making an exception for -this- commission due to having my account drop into the negative and no longer wanting to work with you which was heavily advised by paypal that I avoid all future transactions. I agreed after everything and so, again, a partial refund is what I have to offer.

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