artists_beware | Beware: OneFurAll Studios

Entry tags:

Beware: OneFurAll Studios

WHO: OneFurAll Fursuits

WHERE: www.onefurall.com
https://www.furaffinity.net/user/onefurall

WHAT: One fullsuit of my character Andi along with an extra set of wings, an extra tail and a wig for $2650

WHEN: September 2012 – August 2013

PROOF:
https://www.dropbox.com/s/t7te7w18fyxs4hn/OFA_paypal.png
https://www.dropbox.com/s/c988quvse5nd572/OFA1.png
https://www.dropbox.com/s/jbwusybrty7m0el/OFA2.png
https://www.dropbox.com/s/2fvydx7drqoz1af/OFA3.png
https://www.dropbox.com/s/tnb4aj2g7wsiw6p/OFA4.png

Explaination below cut.

EXPLAIN: After a lot of research and careful deliberation over who I thought would best construct my jackalope type character, Andi, I felt secure in my choice with OneFurAll and messaged them for a commission in mid July 2012. (I cannot remember the exact date I filled out their commission form via their website.) I received first correspondence back from the owner, Scribblefox, on July 26th , 2012. I responded immediately with the extras I had wanted that would change the general quote he gave. It took them until September 2nd , 2012 to respond back to me again. Due to the month that had elapsed since last contact, they decided to discount my commission and I agreed to pay a total of $2650. I paid in full on September 3rd, 2012. It was agreed that my fursuit would be completed in time for Rainfurrest 2013. After this, I did not receive any contact or updates from them.

July 2013 rolled around and I still had not been contacted by anyone for the measurements needed for my suit. The FAQ page on their website states that they work via measurements and that most suit construction times are 10-14 days once the project hits the working table. As we were approximately two months out from the due date of my suit, I decided to contact them to figure out if my suit would be next on the table.

After having to practically publicly out their horrible communication, I finally got them to respond to me and was informed that not only would my suit not be ready by my due date, but that it would be a whole extra year of waiting before it would be my turn. I expressed my concerns and they offered up a partial refund of $1850 or expressed that I could remain on the queue. When I expressed my dissatisfaction over the options presented to me and brought up their terms of service policy that states customers may request a refund of 30% (which would be $795 in my case) they offered to pay for the cost to ship my suit, valuing it at $300+ dollars.

I decided that I would be satisfied with this offer if they would abide by some terms and conditions I set forth to try and protect myself from this happening to me again – basically that if they failed to deliver it to me by Rainfurrest 2014 as they were promising, that they would either refund me in full or pay for shipping AND return my 30% deposit as their TOS states.

They flat out refused to accept my conditions and reiterated that they would only pay for shipping and that I would have to trust their word that it would be delivered on time next year.

When I expressed my lack of trust and concerns over continuing to do business with them, their tone became increasingly more irritated as emphasized by the underlining in their emails and trying to guilt me by saying they already discounted my suit a great deal, were offering to pay for shipping and had given me free items (???). I have NO idea what these free items were. They still were forcing me to chose between doing business with them and waiting for another year plus $300 in shipping… or taking a partial refund and basically giving them $795 for not corresponding with me for a year.

I decided working with them after being treated like this was no longer an option so I asked for a refund in full. They said they will be giving me back a partial refund and keeping the rest of my money.

While their terms of service does state that 30% of the total is nonrefundable for materials, not only have they not purchased any materials for my suit (as they don’t even know what my measurements are) but they have also basically strung me along for a year with nothing to show for it and have treated me like it isn’t their fault that they missed my deadline.

I am EXTREMELY upset over this whole situation and would not recommend that ANYONE do business with these people. I am utterly appalled at their lack of communication and furthermore, the way they handle their own mistakes.

I will be waiting for the promised refund and if I do not receive it in full, I will be contacting paypal and/or my credit card to see about getting the rest of it back…

EDIT – (August 19)

After reading one of the comments below and re-evaluating their FAQ ("terms of service"), it became clear that even if their Terms of Service entitles them to keep my deposit, their wording defines this as 30% of a 50% deposit, not the 30% of the total they are trying to withhold from me. So I have sent them another email which may be seen here:
https://www.dropbox.com/s/fs77598tx2i3rte/OFA5.png

RESOLVED - (August 19)

I received a refund in full of $2650 to my paypal account at 4:30PM PST on August 19th along with an email addressing me by the name on the paypal account (which has been censored from the screen cap for privacy concerns to my mother who's name is stuck on the account despite all other information being my own) to confirm the transaction and end the dispute. This issue may be marked as resolved between OneFurAll and myself.
https://www.dropbox.com/s/hk2l3bail135zxy/OFAResolved.png

Flat | Top-Level Comments Only

Icee,

This is Lace Aurora posting on behalf of One Fur All Studios.

We would like to apologize (as we have done repeatedly through email), for the mix-up in completion dates for your suit. As we have explained, over the last year OneFurAll has undergone some major changes, including the changing of several key staff members. The mis-quoting of dates to customers was from a staff member who had a very brief involvement with the studio. It has been my job to handle online communication and resolve issues regarding any mistakes in scheduling. Our current staff is working with considerable due diligence to insure that the studio runs as smoothly and efficiently as possible.

I have gone to great lengths in the past month to go through each and every email sent for the past 5 years (approximately) in order to sort out any issues like this that may arise, as well as ensure that difficulties such as this do not arise again.

As your emails prove, the ultimatum you gave us, either complete your suit by RF 2014 OR give you a full and complete refund was responded to; we have told you and agreed to complete your suit either for or before RF 2014. We have given you our assurance that this WILL happen – this has been brought to Scribblefox’s attention, and the assurance comes directly from him and has been set firmly in the schedule.

We reduced the overall price and have promised you free delivery for your suit due to the inconvenience you’ve faced. This does not, however, mean we will pay you the shipping funds if the suit is delivered to the con; it simply means that no matter the delivery cost, you will not have pay for it. It does not mean that should we hand the suit over in person, that we will also pay you the shipping cost. Even if we bring the suit to Rainfurrest in person, there is still the cost of transportation and packaging – which we will cover. We hope you understand this.

Again, we would like to emphasize that, as stated in our email today (Sunday, August 18, 2013, at 3:41pm – as you’ve screencapped), we have agreed to all other terms.

Nowhere in any of our correspondences have you asked us to complete your suit by RF 2014 AND also return 30% of your downpayment. The 30% mentioned in our TOS is the non-refundable portion of your downpayment not an additional payment. To complete your suit plus pay you and additional 30% was not something we agreed to.

We have agreed to complete your suit in the time you’ve stated which was your only concern, as well as covering the shipping costs plus the discount we offered in apology. We had hoped that this would resolve the issue. The alternative was the refund as discussed in our TOS .

We sincerely regret that you were upset enough to post this to artist beware. Again we do sincerely apologize and we truly hope we can resolve this matter.

Sincerely,

OneFurAll Studios

"It has been my job to handle online communication and resolve issues regarding any mistakes in scheduling."

Then why was I not contacted about this months ago?? If this person was around for only a couple of months, this should have been brought to my attention AGES ago. I understand you may have stuff backed up from 5 years ago but does it honestly take you a year to respond to all outstanding commissioners?

"we have told you and agreed to complete your suit either for or before RF 2014"

Yes but how can I trust you when you've already proven yourselves untrustworthy? I asked you to agree to terms and conditions that would protect me should you not follow through again and you flat out refused leaving me feeling extremely uncomfortable about continuing.

"We reduced the overall price and have promised you free delivery for your suit due to the inconvenience you’ve faced. This does not, however, mean we will pay you the shipping funds if the suit is delivered to the con; it simply means that no matter the delivery cost, you will not have pay for it. It does not mean that should we hand the suit over in person, that we will also pay you the shipping cost. Even if we bring the suit to Rainfurrest in person, there is still the cost of transportation and packaging – which we will cover. We hope you understand this."

I contacted another user who you had made a suit for to find out what he was charged for shipping out of curiosity when you put your offer on the table. He told me he was not charged AT ALL to have his suit delivered in person so he had no idea what you would charge to have a fursuit shipped. So why would you charge me to deliver it in person unless you were giving this other commissioner some sort of special treatment? Furthermore - how is promising to bear weight on a charge and then not actually having to pay for anything any kind of compensation for an error? That is extremely telling of how you feel about your clients and making amends for your mistakes...

"Again, we would like to emphasize that, as stated in our email today (Sunday, August 18, 2013, at 3:41pm – as you’ve screencapped), we have agreed to all other terms. "

You told me you did not agree period. Not that you did not agree with selected terms and agreed to all others. You flat out said you did not agree.

"Nowhere in any of our correspondences have you asked us to complete your suit by RF 2014 AND also return 30% of your downpayment. The 30% mentioned in our TOS is the non-refundable portion of your downpayment not an additional payment. To complete your suit plus pay you and additional 30% was not something we agreed to."

I suggested that as one of my first options and you counter-offered to pay shipping instead. I brought it up again as a term should you fail to deliver it to me by Rainfurrest 2014 as you were promising - which you did not agree to.

Edited 2013-08-19 04:33 (UTC)

"We reduced the overall price..."

In what way does this matter? In what way is this of any relevance to the customer? This reduced price was offered by One Fur All (for their own mistake no less), and holding it over the customers head is gross an unethical. Shame on you for that.

Did One Fur All purchase any materials for this suit? Or put any man hours into the production? I realize what the %30 is for, placement on the list as well as purchasing materials - This customer paid in full. One Fur All sat on that money for a long time, with nothing to show for it. Can you provide any proof that ANYTHING was done for this suit?

Your own TOS states if you cannot deliver to the agreed date, the customer can ask for their deposit. One Fur All will not be delivering the suit by RF2013, therefor isn't she entitled to the deposit? Your companies changes are not this customers issue. It's not acceptable as an excuse.

Lotsa' unanswered questions here. I don't think your phoned in response helps to resolve the issue whatsoever.

(deleted comment)

This comment here along with a private note saying their deadline was blown off MULTIPLE TIMES solidifies my belief that they probably would have not held true on their promise to deliver by Rainfurrest 2014 and confirmed that I was warranted in being every bit suspicious about the promises they were making to me.

I am glad I set up terms to continuing my commission with them because if I hadn't, I'd bet I'd be revisiting this same issue a year from now...

"... we have told you and agreed to complete your suit either for or before RF 2014. We have given you our assurance that this WILL happen..."

Icee already had assurance their suit would be done in a month with evidence of your company agreeing to it. Your company broke it's word. Assuring Icee AGAIN that it'll be done in another year isn't enough. Why should she trust your word now?

"We reduced the overall price and have promised you free delivery for your suit due to the inconvenience you’ve faced."

The original price reduction was because of issues of communication last year with nothing to do with current issues. If you're referring to how much the suit was claimed to cost ($3100?), that holds no bearing to how much she has already paid. And again, free shipping means nothing when Icee can no longer trust you to even finish the suit, let alone ship it.

"The 30% mentioned in our TOS is the non-refundable portion of your DOWNPAYMENT..."

Icee made no downpayment, she paid for her suit in full upfront. That makes a $400 difference (compared to if she had paid only 50% upfront) in what you are expecting her to lose if you refund her.

In short, unless you have materials, receipts, etc. proving you have done some work for her, expecting her to lose $795 dollars for a service your company never rendered even in part is entirely unreasonable.

If they're trying to say 30% of my downpayment (which I think is 30%?) is non refundable, they shouldn't be keeping 30% of my total money... they should be keeping 30% of the 30% which would be $238... not $795

So they're offering me something valued a little over 30% of 30%... (something $300+) but refuse to refund me 30% of the total ($795?)

Their TOS is incredibly confusing and I feel like they're trying to use the poor wording to their advantage now...

Edited 2013-08-19 05:17 (UTC)

You paid completely up front, right? That's not a down payment, that's complete payment. They shouldn't be keeping anything, if that's the case. O.o

I did pay in full up front, yes.

He is just using his status in the community to be a bully. I can talk to my friends up in Canada and see what legal avenues you can pursue.

Official 1st warning - Note we do not allow deletion of comments in this community. Please do not do this again.

They also have mixed up their legal rights. :/
A down-payment is not automatically assumed to be non-refundable if the buyer cancels, it's a deposit that is always considered non-refundable- but the staff member who wrote you used the term downpayment, despite their TOS using the word deposit.
(and a buyer would be insane to follow those TOS! They are asking for a 50% deposit. That basically means the buyer is giving the maker $1000+)

It's just a mess. I think this maker/company really should see a small business lawyer, or even see if there is a free small business/entrepreneurship initiative in their area that would help them draught some proper documentation.

(and it's not just 'OneFurAll'- most makers could use that advice once they hit a certain level of business. Just like nature abhors a vacuum, fursuit makers seem to abhor a contract :P)

Not only that... they don't ACTUALLY have a Terms of Service. It's listed on their website as an "FAQ" and they never asked me if I consented to those terms or stated anywhere that I can find that in commissioning them, that I was automatically agreeing to the terms set forth on their FAQ page...

I read in the refund section of the FAQ that it was 30% of the 50% deposit that was non-refundable, which would make it $397.50. It seems that they're trying to charge you 30% of the TOTAL amount which is not what is specified in their FAQ.

I've given up trying to make sense of the numbers... because it shouldn't matter. They should be giving ALL of my money back... :/

It would also be helpful - besides responding to the existing questions - to share your work queue. With so many people coming out of the woodwork with uncompleted commissions, letting your customers know just how much work is on your plate (and that you have not forgotten old customers) might help a slight bit.

...and then you can explain why commissions were taken in January this year and again in May if you have a backlog so large it'll take another 12 months to finish a suit that was completely paid for a year ago.

(Posted in a second comment since people have already responded to the first.)

Unfortunately the Rainfurrest 14, not 13, is a major change to the original contract. Trying to claim your right to the deposit after a change in contract, especially after any reasonable person would consider you in breach since your staff member agreed to the deadline proposed by the customer, is a very tricky deal.

Also you need to train your staff to be very clear in terms they use- in this communications you staff member refers to what you are claiming as a desposit(which you have the right to do by default, all deposits are automatically non-refundable if the client cancels the sale whether the contract or sales literature states non-refundable anywhere or not) as a down payment. You are not automatically entitled to keep the funds of a down payment in a case of customer cancellation.

You also breached the original contract by missing the deadline(and if you were unawares a staff member representing your business agreed to a deadline that is the business' fault, not the client's. The left hand needs to know what the right is doing)and cannot just switch this transaction to the new guidelines and therefore claim those funds as a deposit.

All of this could have been prevented with a very basic contract.

Even something like:

I, John Doe, agree to create a fullsuit¹ consisting of head(1), paws to wrist(2), feet paws to ankles(2), Body suit(1), tail(1) constructed of faux fur, latex, buckram, costume wig and foam based upon Jane Smith's design Foxy J Fuzzlebottom as illustrated in reference material provided by Smith² and to be completed by X/X/XX. Smith will send an accurate duct tape dummy³ no later than 30 days of signing this contract. Payment is to be made in two credit card payments of $1000 on Y/Y/XX and Z/Z/XX, as well as as $450 deposit paid within 72 hours of signing of this contract.
Smith will pay actual shipping cost of completed item, and be responsible for any custom fees or duties if international.
Two in progress shots will be sent to Smith of the construction of the paws, tails and feet paws, three in progress shots of the body, and four of the head. Alterations will be made at these points free of charge, further alterations may incur charges.

¹ (attach an image of an example of a completed fullsuit by your company so you know the client knows what they are getting)
² (attach applicable references sent by client so they can't change it up on you- any alteration from the design should be noted in the text above and initialed by both you and your client)
³(put a link to your step by step for clients to use making their dummy so any faults in dummy making can be laid on the buyer and not you)

I, John Doe, confirm I am 18 years or older and am legally competent.(initial)

I, Jane Smith, confirm I am 18 years or older and am legally competent.
(initial)

John Doe (signature, date)
Jane Smith (signature, date)

Then you send that to the buyer- they print it and sign it and date it as well as initialing anything that you may agreed upon that is different from what's in your TOS(like in this particular case the discount you gave for the contact delay, you would mention in the text the original price, the discount and you both would end up initialing that!)
Once signed they scan the signed copy and email or fax it back to you. You sign and date and initial and rescan it/fax them back a copy(and print off one for your self with both signatures). Then I would suggest popping an official hard copy of the fully signed document in the snail mail to the client just to be as upfront and legit as possible.

Signing in person is always better but even huge and legally complex transactions use printed, scanned and emailed contracts as binding. So you can still do business mostly online and still have a signed contract.

So that text is not a contract that's legal in minutia, but it's bear bones and leaps and bounds above what you are using now, which is a vague series of emails and a TOS that you didn't actually strictly adhere to in this transaction. You can change up any details but keep it specific- the 'obligations' of each party- especially how much they are paying you and when, and what you are making and when it's to be finished.

This entire mix up and beware could have be prevented by having a clear basic contract that both parties knew what they were agreeing to!

As we have explained, over the last year OneFurAll has undergone some major changes, including the changing of several key staff members. The mis-quoting of dates to customers was from a staff member who had a very brief involvement with the studio.

You guys really need to step up the responsibility here.

Icee was told that the suit was to be completed by RFC 2013 by one of your employees.

Icee had to chase you guys down in order to get an update about whether or not it would be completed by RFC 2013.

Your customer had to do all of the work to get the information from you that a mistake had been made by a now-former employee 10 months prior when the commission was first made. That is ridiculous and incredibly unprofessional.

She should not have to pay for the mistake that *your* former employee made. And she REALLY should not have had to chase you guys down in order to find out that there would be an extra year delay in her receiving what she paid for and what she thought she was getting in one year, not two.

I noticed in one of Icee's other screencaps that Scribblefox was having personal issues during this time. My sympathies to him, but really - if you want to be perceived as a respectable business (as you've stated at least once in one of your emails) then you need to act like one and stop airing employees' personal issues as excuses. This includes whatever issues you were having with your staff during this time. From Icee's perspective as the customer, it's not relevant information. It may provide some insight and understanding, but does not excuse you guys from the consequences of your lack of communication and failure to deliver what was promised and paid for.

Icee should be refunded the full amount that she originally paid so she can have the suit made elsewhere.

Not only that but if his illness was THAT much of an issue, they shouldn't have even accepted my commission in the first place OR they should have notified me that it was going to affect my queue time and offered a refund should I have not been okay with waiting longer... which of course they did not :C It's not that hard to type out one email and send it en masse to your outstanding customers to update them regarding issues that would affect ALL clients.

I get that people get sick. I get that this is not a sweat shop or manned by robots... but the fact that they're trying to use these personal issues as excuses when they couldn't even be bothered to clue me into them is just not acceptable from a business and I should not have to pay for it.

Honestly, Icee, the part that concerns me the most is that this extended wait time will throw you out of the coverage time for your bank/ credit card. You may have to call them, but anything past a year cannot be recovered.

Flat | Top-Level Comments Only

Beware: OneFurAll Studios

From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios

Re: From OneFurAll Studios