Beware: OneFurAll Studios

[missicee.livejournal.com]

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

Comments

Re: From OneFurAll Studios

[sableantelope.livejournal.com]

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)

Re: From OneFurAll Studios

[sableantelope.livejournal.com]

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!