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Advice: Trade Left in Limbo

Hey! So here is the issue:
I am in the process of trading a design (mine) for an artist's art (their's). I'm not sure this matters but the artist in question approached me about the trade.
They offered more than one piece for the design in question
The trade started back at the end of December (26th)
They have completed three pieces up to this point (which is less than half)
The last time I heard from them in February (Febuary 10th) when they delivered on piece to me.
Now I haven't been able to get any contact back from them.
I contacted them to get an update (since it has been awhile and I need to provide some updated reference as my pages have moved) at the start of May (7th), unread, no reply
A week ago (May 22nd) I reached out to them on Toyhouse, with no reply despite logging into their account. My note remains unread.


At this point it appears to me they are just avoiding me and other customers. At least one other customer left a shout about an unread note about a commission and other user commenting on a submission asking their to look at her notes. At least four people have asked for the artist to update their public to-do list as it is missing many orders. I just thought I would mention, our trade from December is not located anywhere on their current to-do list. So I have zero information about where my trade is at in the queue.
Their last public update was March 31st, about struggling with some real life issues. They last posted art on May 6th. While I understand the artist may have other real world issues going on, without any form of contact/information I am only left to assume I am being ignored.

What should I do? We never agreed on a deadline, but I don't want to be in limbo forever. Their TOS states several times to be patient with them and to not contact them about updates... but the lack of contact is extremely concerning for me.
Is it right for me to cancel this trade? I don't really want to pay for the work I've received (since the lack of contact isn't my fault). I understand I would relinquish the rights I have to the art. I'm not looking for free art.
If do I do cancel how long should I wait?
I just don't want to wait forever for this trade when I get can't any sort of responce back, and I don't want to reward this behavior with money.

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Comments

( 2 comments — Leave a comment )
magedragonfire
May. 29th, 2018 04:08 pm (UTC)
Well, I mean, considering that they haven't fully paid what you agreed upon and it's been quite some time, I'd say you can definitely cancel the trade. What they do with the art that they produced for you is up to them (maybe repurpose the poses or designs, depending on what they are, for YCHs or the like).

I'd send them one last contact attempt, firm but fair: you need some contact or art by [date whatever], or else you'll have to assume that they lost interest in the trade and will consider it cancelled, that the art they made for you will revert back to their ownership, they do not get to use the design, etc.

gatekat
May. 29th, 2018 04:37 pm (UTC)
You certainly have the right to cancel it.

How long you wait would depend on how badly you want to be rid of the character/get paid for it, how much you want this person to have it and how much you want this payment (since it's not cash).

Personally I'd give 6 months from the last piece but that's a completely arbitrary number based on PayPal policies. I do think at least 3-4 months from the last piece is a reasonable length to account for any RL issues that wouldn't scrap the deal completely since they did 3 pieces in 2.5 months.

That 'do not contact me for updates' in their TOS is a huge red flag, right up there with 'no refunds' even when the work hasn't started.
( 2 comments — Leave a comment )

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