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ADVICE: Client refusing to get in contact

Hi all!

Back in November I opened for fursuit commissions. Client got a spot, paid the 30% non-refundable downpayment and replied promptly to my emails for three days (11/25 to 11/28). I have not heard back from my client since November 28th, 2017.

Since then, they have sent payments via PayPal for the suit in December and January, effectively and fully paying for the fursuit commission. In the last PayPal payment they put in the notes section that some things came up and they apologized for the lack of communication, yet paid on time.

As of November 28th I have sent them 6 emails, the newest being a few minutes ago, with progress photos and asking them to reply to my emails. Currently the fursuit is halfway done.
In my form I ask people put down their social media in the off chance they do disappear so I can contact them somewhere else; the client put down their FA. I left them a shout 4 days ago asking them to reply to my emails and saw that they had favorited something hours beforehand, when I checked a few minutes ago to see when I had posted the shout their account shows they were active 3 hours ago.

I have an abandon clause in my Terms of Service that states that, if a client is to halt communications, I reserve the right to alter the fursuit and re-sell it so a full refund can be given. As this is an artistic liberty piece designed by me no alterations need to be made but, as stated, it is paid for in full.

Any advice on what to do at this point would be appreciated, I'm very lost and have never had this happen before. Thanks!

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Comments

fix_the_spade
Mar. 10th, 2018 10:08 pm (UTC)
The length of time that Paypal allows a dispute to be filed is 180 days from the date of the transaction. If you're looking at invoking any kind of abandon clause that should be your time limit. It would be considered good form to make one last attempt to contact your buyer close to that deadline.

Once that time has gone (so, mid July by the sound of it) Paypal will not allow any kind of dispute to be filed, it's also much longer than the 120 days most banks allow to file a chargeback claim. Short of taking you to court your buyer would have no way of attempting to get the money back at that point and you would be able to do as you will with the fursuit.

Up until that point it is 'their' item as they have paid you in full. Whether you want to finish it without further contact from them is up to you, but don't sell it on or destroy it.

As for what to do now, you have already made several efforts to contact them, so for the time being do nothing. Try contacting them again at three months before the abandon date and one last time a couple of weeks before.

If you really want to to be shot of the commission you can always just refund them. But you would be vulnerable to a Paypal claim if you gave anything less than the full amount paid to you back.



Edited at 2018-03-10 10:11 pm (UTC)
laughsatthunder
Mar. 10th, 2018 10:15 pm (UTC)
Out of curiosity, why are you using the PayPal claim window as a reference? If I issue a full refund using the transactions there's no reason to be worried about a chargeback. I also don't want to wait until July to hear back from this person when this fursuit can be finished by the end of this month as planned thus far.

What I'm thinking about doing for now is finishing the item, if they contact me I'll have photos to show them, if not they're publicly available on my Twitter. By the time it's finished (which would be aiming before March 30th) I'll give them a week to reply, showing them completed photos of the final product. Assuming they still refuse to reply to me for whatever reason, I'll issue a full refund for them and list the fursuit for sale as the design belongs to me (as mentioned, it is artistic liberty).
fix_the_spade
Mar. 10th, 2018 10:23 pm (UTC)
You've been paid by Paypal, so any kind of problems have to fit within Paypal's terms of service, which is why I used their TOS for reference.

If you intend to give them a full refund then the 180 days deadline is a moot point, I was under the impression that you were asking at what point would be allowed to both keep the money and the suit, sorry if I misunderstood.


Edited at 2018-03-10 10:24 pm (UTC)
laughsatthunder
Mar. 10th, 2018 10:33 pm (UTC)
It's all good!

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