http://epiceternity.livejournal.com/ ([identity profile] epiceternity.livejournal.com) wrote in [community profile] artists_beware 2013-08-19 04:10 pm (UTC)

Yeah, I agree with everything stated here, to sum up-

The original discount was compensation for communication issue at the start of the commission so therefore have no bearing on the actual commission itself and shouldn't be used to imply the commissioner is getting a great deal and is somehow ungrateful.

The company broke the contract first by not starting/delivering the product at the agreed date. This is due to a company mistake and the customer should not have to pay for it. There's also the fact that the company did not inform the commissioner of the mistake until they were chased up on it months after the agreed date.

Given that the company has broken the contract and wants to change the date from what was first agreed, there should be no penalty (denying refund) for the commissioner if they do not want to go ahead with the new contract.

When trying to negotiate a new contract, the commissioner wanted to protect themselves by asking for the agreement that the suit be made by the date given by the company, if not then a full refund would be given. This was declined by the company, despite the fact they're saying that they will guarantee that the suit will be done by the new date. This does not give much faith that the company is confident on making that deadline and want to avoid any penalty by not honouring it.

The FAQ says that that it is 30% of a 50% deposit that is non-refundable, which would make it $397.50, not 30% of the total amount ($795).

The non-refundable part of a deposit usually covers things such as- materials bought, time spent working out details of the commission and reserving a spot. However, given that no work has been done, no materials bought, communication has been very poor and the fact the company is backlogged so holding a spot hasn't affected company production, it is hard to justify the withholding of it, particularly when the reason for the refund request is due to the company breaking the contract.

Also on a side note, offering things like free shipping, while a nice gesture, means nothing if the product hasn't been made.

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