riddles with excuses

[ktdavid4.livejournal.com]

WHO: Fuchsia awesomepawsome

WHERE: http://www.furaffinity.net/user/awesomepawsome

WHAT: Fursuit

WHEN:The beginning of February

PROOF: the start http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVzTZBnJLgLliYh4l5k2TGxc#.UlIQNVBJNCY confirming I am head of everyone http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVyc0%2Fl38WIc2oh4l5k2TGxc#.UlIQf1BJNCZ this is when she had every thing to make it http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVxGB2SywUIkHoh4l5k2TGxc#.UlIRHVBJNCY confirming may http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVx0Aqx6cl%2BBOYh4l5k2TGxc#.UlIQwFBJNCY but that woould be the first of many date broken , I had to contact her http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVwcmPfPGdYDZIh4l5k2TGxc#.UlIQ5FBJNCY again me contacting her for another broken date http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVwhicaxRxml0oh4l5k2TGxc#.UlIReVBJNCY so I agreed to move it back ..http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVwISzYqJl4YlYh4l5k2TGxc#.UlISGVBJNCY so I ask for a refund http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVz3E6JF8kiNJoh4l5k2TGxc#.UlISSlBJNCY which paying in full seemed like a low blow.

EXPLAIN:I just want a full refund at this point. I dont even want to tell people where I got my fursuit (if I ever would get it) I do understand these take time but I think I been more then far up to this point

Comments

[zaulankris.livejournal.com]

I hope you get your full refund-- it feels deserved in this case.

I understand that suitmakers can encounter delays for a number of reasons, and sometimes a long queue (which is normal for us) will exacerbate the wait for those at the end of it, but if she told you you were at the front in February and then did nothing at all up until now? No, that's not cool. You never spend the money (except the deposit, of course) before you do the work either, so even if you were satisfied with the 60% refund you shouldn't have to wait for it.

[ktdavid4.livejournal.com]

I couldnt have said it better . Thank you

[skanrashke.livejournal.com]

I would have personally waited until the end of september before asking for a refund, at least giving her the chance to finish it on the agreed upon date.

It seems like there is a lot of information missing here.

Missing Information

[starrikkyrubui.livejournal.com]

There is missing information like how Fuchsia actually refused to take the full payment, though Racheal sent it anyway.

I've seen the full conversations between fuchsia and Racheal. Racheal is leaving out key information.

[dannyazazel.livejournal.com]

I'm rather confused as her ToS says that she does not guarantee to meet any deadlines. The ToS post was made two years ago however I'm not sure if it's been edited.

Either way, I don't know how she hasn't gotten anything done since February nor why she hasn't given you any photos as proof. That's suspicious for sure.

[munemunenyo.livejournal.com]

This. At the very least I'd expect a tail, a set of paws, or at least a head sculpt.

[colonelinfrared.livejournal.com]

Ugh.

If a builder is "professional" enough to have a PR Assistant and ask a couple thousand dollars for a costume, they should be professional enough to make deadlines and keep in touch with their clients (not the other way around as is so often the case). I sincerely believe that this wouldn't have gone so poorly if lines of communication were more open and contained proof of the suit being worked on.

On a more outside personal perspective, unless one is bedridden or at the hospital I doubt that a place of work would accept being out for two weeks. This is a personal business from home and things are easily accessible. Materials are right there. I've gone into work ill before and it sucked, yes, but work needed to be done. When one starts taking such large commissions, it's no longer a hobby.

I'm confused as to why she put you on the front of her queue and later states that she had "other fursuits to finish first". The constant shuffling and waffling on progress shots alone warrants this beware.

[bio-pelt.livejournal.com]

"I can't say when but you will get it eventually."

Wow.
It just sounds like the project is on the back burner and she doesn't have a plan on how things need to get done. I understand if you get backlogged, but you HAVE to have a plan of some sort or else you're just running around inbetween suits with no real direction.

Every maker should have a firm grasp on how much time it takes to make certain parts and how to manage their time wisely, so it shouldn't be hard for her to give you some sort of time estimate.. Not just "You'll get it eventually."

And waiting all this time to even start and then dish out excuses is a bit ridiculous. No one needs to know what's going on in your personal life unless it impedes your work (like being in the hospital). Listing on and on about how you didn't get sleep, or are just stressed for months and months is none of the clients concern and I consider it very inappropriate (since it can easily be skewed into a form of guilt tripping). The commissioners concern is the project that they paid money for, where it stands and how long it's going to be in process.

I hope everything works out for the best.

[fuchsiapossum.livejournal.com]

Now I don't know if this will give me any merit, but here are screenshots of the parts of the conversation she left out.

1. http://tinypic.com/view.php?pic=sy2gco&s=5#.Ul3N8RDVSFk
2. http://tinypic.com/view.php?pic=mkc39k&s=5#.Ul3OJhDVSFk
3. http://tinypic.com/view.php?pic=2z89v1c&s=5#.Ul3OoRDVSFk
4. http://tinypic.com/view.php?pic=xd6zb8&s=5#.Ul3PMhDVSFk
5. http://tinypic.com/view.php?pic=258353a&s=5#.Ul3PexDVSFk
6. http://tinypic.com/view.php?pic=27y6cmw&s=5#.Ul3PoxDVSFk
7. http://tinypic.com/view.php?pic=jggx7a&s=5#.Ul3P2BDVSFk

I am not saying I was never in the wrong, of course I take full responsibility for the ridiculous delays. I know full well that it does not feel right and it does not feel fair.

There were a few family emergencies this year that made my life in general hectic but I know saying this will not resolve anything.

She made it very clear that she did not want to contact me any further and will take it up with a lawyer. Therefore I felt silence would be best until I see this issue come to a conclusion.

Honestly, I really was going to continue working on her fursuit until her last response. I honestly had no clue what to do because she clearly said that she didn't want to contact me any further, didn't want the fursuit or the refund and wanted to speak to her lawyer.

So yes, I continued my work on another fursuit and also contacted my lawyer about this situation too. I gave him all the information I could and I recently got an email from him stating that since I can't fully refund her, just continue making the fursuit anyway, send it to her and move on.

So I guess I will go by what he says but again, I chose not to contact her because of her last response to me and my lawyer advised me not to talk to her until she contacts me, show him what she said, then I would talk to him and then respond to her.

My lawyer has also proof-read my Terms of Service and approved it before I ever posted it on FA. To some, yes, never guaranteeing a deadline may seem like bad business, but you don't have to commission me if you do not want to agree to these terms. My terms are not illegal in any way shape or form. This is how I work... I am sorry for those who do not like it.

(frozen)

[timoran.livejournal.com]

How much was your lawyer's legal fee?

[fuchsiapossum.livejournal.com]

Here is a screenshot of the email from my lawyer as well. Unfortunately I can't provide further information of our discussion because the rest (before and after this email) was discussed over the phone.

http://tinypic.com/view.php?pic=24v07iu&s=5#.Ul3cQhDVSFk

[breakspire.livejournal.com]

you may want to check with your lawyer to see if they're okay with you posting that - generally lawyer correspondence is meant to be confidential (the reason for all the disclaimers at the bottom) and could cause issues

[ben coffel (from livejournal.com)]

I thought i would give alittle insight into this, considering i commissioned Fuchsia as well. She took my project (a fullsuit) on a few weeks before this one in January. A deadline was set for Sep.15 and i started paying in monthly installments. I asked about progress in April and got a picture of the parts she ordered from Dreamvision Creation. She told me she wasn't going to start on it until a month or two before the deadline so i didn't communicate with her for some time, but continued to make payments. I asked for a update in July, she told me she might not be able to give me a visual update until August. But she did let me know she installed the parts together on the resin head. On August 27th i asked for another update but she explained alot of things were happening, she was sick. She said she'd ask her bf to take progress pictures to send to me, but this never happened.

My wife and i started to get worried come September, as we had planned for over a year to have a fursuit wedding. This is also when my wife started trying to communicate with her. My wife got in contact with another customer of hers, which brought on even more worry since that customer has been waiting for sometime now. They gave us links to Fuschia and her boyfriends facebook accounts since they've been more active there. We finally made contact with her bf on facebook and he told us she had lost her assistant and that Fuschia will only be able to provide a partial by the due date. Back and forth communication happened, and finally Fuchsia did get back to us on Sep. 17. From then on we got constant back and forth contact and got some WIP pictures of the head and handpaws. She ended up having to do overnight shipping to the convention center come Sep.26, but it did get to us Thursday of the con. We are still waiting on the rest of my suit.

While i did not receive a fullsuit, i did get a good quality head and handpaws. Communication was definitely lacking in some parts, but near the end she did give us constant updates. I personally dont think she is out to scam people, from what it sounds like she had alot of things going on (assistant dropping out, medical problems in the family, and also her getting sick) All of those things added up and many fursuits were backed up due to it.

[fuchsiapossum.livejournal.com]

This is 100% true. The progress was indeed rocky but near the end everything went smoothly. Ben was VERY kind and patient, even though my communication was initially not good and I did delay it almost 10 days and still owe him the rest of the fullsuit. His wife was also very kind and patient and probably more worried than Ben was, but I don't blame her. Ben seems really happy with his suit so far and that makes me feel extremely happy as well.

I really did have a lot going on this year and I know it is hard to believe. It is a lot in one year, so the quantity probably doesn't seem believable either. But it is true, all these things happened and I don't mean to use them as an excuse even though it may sound like it. In the end, I really do want my commissioners to enjoy their fursuit when they finally receive it.

[lackoflollies.livejournal.com]

Frankly, after reading these comments made by OP, Fuchsia needs to refund OP and get it over and done with. This is turning into a trainwreck.

[kohaku-chimaera.livejournal.com]

OP really needs to settle down because they're doing themselves no justice right now. Life happens, delays occur, and all the artist can do is try their best to work around or through those issues. OP agreed to the artist's ToS when she made the commission. And the ToS, as far as I know, has never been ~*~deviously edited~*~ behind OPs back.

It seems to me--and now, I'm sleepy, so I could be misreading--that Fuchsia tried offering a refund when it was requested, but was later denied because the OP wanted to involve the law instead for...Some reason? Am I getting that right?

[xthe13thangelx.livejournal.com]

Did no-one notice that one person who said that they knew intimate details of the transaction. isn't that a ToS breach right there?
Also it seems as though OP wants The materials and the 60% difference

[xthe13thangelx.livejournal.com]

Y'know this bit right here in the comments
"starrikkyrubui
Oct. 14th, 2013 02:56 pm (UTC)
Missing Information
There is missing information like how Fuchsia actually refused to take the full payment, though Racheal sent it anyway.

I've seen the full conversations between fuchsia and Racheal. Racheal is leaving out key information."

[corghi.livejournal.com]

I am really not too pleased how OP is treating Fuchsia. Even in the comments she is being really snarky and rude. Kudos to Fuchsia for handling it as well as she possible could.

She owned up to her mistakes and is trying to help you, OP, so please just cut her some slack. She acknowledged that she did wrong and made delays, and you can either wait patiently for your refund or wait for a suit. There's really nothing else that can be done immediately. So patience is key, I guess.

[a bat (from livejournal.com)]

This ^

[colonelinfrared.livejournal.com]

Looking through all of these I can't help but blame them both. OP for being unnecessarily snarky for no reason and Fuchsia for, while acting professionally here, does not conduct her business as professional as it looks now. The remaining 60% should have NEVER been spent. This WHOLE situation could've been avoided if that money wasn't touched until completion of the suit. Everyone seems to be getting off-topic by arguing semantics, but that's all what it comes down to.

Don't spend money that isn't yours.

[sableantelope.livejournal.com]

Well yeah, that's kind of the kernel of most AB posts.

The big issue here is more the amount of the refund OP's entitled to.

[fuchsiapossum.livejournal.com]

http://artists-beware.livejournal.com/715393.html?thread=27528321#t27528321

The OP and I have reached an agreement last night for me to sell a premade and send her a full refund. I really have no problem with that now since I really don't want the OP to remain unhappy.

This post does not have to be closed but I would appreciate no more further discussion of what mistakes were made or how to go about with the refund and such. We did make an agreement so that part is over.

Now it is just the matter of making a premade and selling it to refund her at a reasonable time. There is no time set in stone of when the premade will sell but I have chose to already start working on the premade today as "the sooner the better" would be the most appropriate for this situation.

If necessary, I can update the progress of the premade here if anyone wants me to. I will also reply with an update here once the premade is actually for sale, sold and when the full amount has been refunded. I will even take a screenshot (blocking any personal information) of the refund being sent.

[sableantelope.livejournal.com]

It's good to hear you are doing the right thing to make the buyer whole. Spending that 60% of the money was a no-no, but you've heard that now and hopefully you can no repeat that mistake.
You've conducted yourself really well; and I know loosing that 40% you may have originally considered yourself entitled to has to be a drag but if it's any consolation you came across here on AB as someone people would want to work with, while the OP, well, not so much.
(and I'd suggest maybe rethinking you PR person/who you do business as partners with, since wow...they deleted the worst they said but it still was not a good reflection on your business)

Since you do have a lawyer friend of the family you may want to get a set of bills of sales and a contract drawn up to protect you down the road. (and stick your original intention of not setting deadlines if you are worried in the least about life getting in the way again, that's part of risk of being in a 1-man operation. Though reasonable wait/completion is still a concept you need to be aware of even if you don't set hard and fast deadlines, you can still as builder get dinged for that)

Get them to explain the ins and outs of the sign/scan/print way of officiating documents as well since you will be operating mostly through the 'net.

Good luck with your future suits and business. I'm sure you'll bounce back no problem from this. Hopefully no more hard lessons to learn either.

(frozen) I like to point out

[ktdavid4.livejournal.com]

I might have seem uncaring because I was only trying to keep very relevant screen shots, And I had been trying to post it for couple weeks and had to edit.

One of the reason I seem so short with her in our convo is because she seem to have time for parties(one she was throwing ) and furmens such as skate night and no time for my suit . She would respond right away as long as it wasn't about the suit.

Seen here :http://tinypic.com/usermedia.php?uo=a6BMdyuA%2FVyVQxSEuN3WxIh4l5k2TGxc#.UmCAN1BJNCY

(no point in this convo did she hint about a delay)

Delays as seen early I said I understood , but I did get highly upset when I see her throwing parties and going to furmets, yet when It came to my suit someone seem to always be sick.

sorry If I seem short but by the end I was highly upset

**edit for my typos

(frozen) I would like to point out to you

[jazz vacuity null (from livejournal.com)]

If you looked at the website that she made for her 'party' everyone had to pay an admission fee, and that's how she was 'able' to fund the party. I would know cus I went and I saw how many people came. It was enough to cover the cost of everything, she didn't use ANY money from out of pocket, everyone brought food of there own and everyone payed the admission fee. So please that comment is invalid. Don't try to throw her 'party' that people PAID for to FUND that she throws EVERY YEAR, into this.

please keep in mind i have yet to read all of the comments.

[nxcritter.livejournal.com]

My biggest issue is the Tos... The way this written it reads off like this to my minds eye with the information I have gathered from this case " Regardless of if I get your work done or not, your out 40%"

Now, I do know what that 40% is used for the materials to be "USED".

In essence if nothing was started only bought the contract was never really started to begin with. No work was done besides gathering the materials. They instead of paying 100% funds return the MATERIALS AND UNFINISHED WORK. Now If the suit was like 70% done I could this refund being tricky with the TOS I read.

The artist didn't get the work done, The artist made no attempt at proving they where working on it.

We all go threw hard times, but if your only replying never saying anything to your commissioners before hand when you think it might be late more then ONCE, it makes people feel as if the person they asked to do work for them forgot about them.

I know how stressful it can be.

I think the artist need's to en-state a One suit payment at time policy.

such as they can have list of people who want a suit and quote them how they see fit, But only take paymet/s for one suit and only work on one suit at a time. This would help the artist out a lot so when things happen they only have one person to deal with. They can keep in touch better. No one will even think they are playing favorites, or letting people cut.

OP> I know this is stressful, you want a full 100% if the keep they materials and they can keep the 40% if you are sent the materials, is that correct? From the comments I have read they wish to use the items gotten they never used for your costume to make more profit and keep the 40%. I personally see that sneaking and underhanded move my self. I could understand if the suit was started and we had image log proof that is was started on and not sitting around then yes due to some effort being placed in to they would be entitled to the 40% of the money but not the items. This work was done for you or the items bought for you with YOUR MONEY. You you are entitled to the items, UNLESS THEY PAY YOU FOR THEM!

If you not able to get the 40% then you must get what you have paid for. The artist should not be given charity to make more money off you for failing to live up to their end of the agreement.

The artist> I don't mean to sound harsh here but regardless of issues at hand, Always talk to your commissioners, Let them know what going on in your life. That way they are never surprised and expecting thing's from you to find they can't get or can get a refund in a timely manor.

Re: please keep in mind i have yet to read all of the comments.

[a bat (from livejournal.com)]

There were progress photos shown if you look in the comments. You said you didn't read them but at the bottom of your post you said you did so um, what.

Anyways, she showed her progress. She proved that with screencaps. They've come to an agreement now. You're beating a dead horse. She's making a premade, selling it, and giving her a 100% refund.

It's done but more info is appearing

[asongalways (from livejournal.com)]

A completely different person posted a fursuit review like a day ago about the same maker. I sure hope this isn't a pattern

http://www.furaffinity.net/view/11856405/

Beautiful work but the durability inside was well you can look yourself. They posted like 16 pictures up close. Who ever it was is very detail oriented.

I think this maker is amazing aesthetically but maybe next time take on one piece at a time you know.. that way this doesn't happen again. You won't feel as rushed and can dedicate more to the little details.
Just my 2 cents.
I also would like to say I am very happy the OP and maker reached an agreement on this

(frozen) Re: It's done but more info is appearing

[lackoflollies.livejournal.com]

Unfortunately as professionally as Fuchsia responded here, she outright blocked the person who made the above review, and told others who may or may not have had anything to do with the transaction at ALL to do the same.

This is extremely disappointing, shows a poor lack of business judgement, and someone who will not be receiving my business, and no one elses I know either.

[sableantelope.livejournal.com]

Mods- I spoke to someone who is afraid to make a beware about this same artist because they are worried about being attacked by the defenders of the artist, and that people will might be unkind to them here.

I know it's not an official mod hat wearing job, but if they were comfortable with me sending one of you guys to talk them a little bit more about how this community works, how harassment of users, poster or postee, from an AB member is not allowed, etc. - would any of you be willing to jot them a note and perhaps deal with their concerns? Again, I know that's not an offical AB mod job but it might set them at ease. I really think their experience warrants posting here and I know absolutely no proxy posting is allowed.

[sigilgoat.livejournal.com]

If they want to contact any of us about a post, that'd be fine! Kerstin is head mod if they wanted to talk to the top of the chain, but any of us would be happy to talk with them if they had any questions.

Good/Silly Question

[xthe13thangelx.livejournal.com]

If fuchsia has blocked rachel on all but this site how will rachel be able to get a refund?

Re: Good/Silly Question

[ktdavid4.livejournal.com]

On here I am sure . Though I should note my paypal has change since all this :)

[xubunturambles.livejournal.com]

If anything, this is more of a beware against the Op instead of Fushia, especially after reading all of the op's responses.... sheesh!

[makafur.livejournal.com]

I have some question. Maybe there silly ,and not on topic,but anywho,was there a duck tape dummy?(I had one with mine and it was a pain in the bum. All hot and tight :3)IS it being sent back? I also wonder is this is over and done with.As in The fur-suiter is done making it.There from I can see,been not updates.

Refund In Progress

[fuchsiapossum.livejournal.com]

Just an update: I have sent two refund payments so far. The 3rd payment will be sent on the first week of April and the 4th (final) payment will be sent on the first week of May.

1st Refund Proof: http://postimg.org/image/vebj179of/full/

2nd Refund Proof: http://postimg.org/image/spgvl5bkt/full/

I hid her name and email in respect of her privacy.

3rd Refund

[fuchsiapossum.livejournal.com]

3rd Refund Proof: http://postimg.org/image/bodq6oo99/full/

Total Refunded: $1000

Amount Left: $550

I will be sending another refund payment on March 21.

REFUND COMPLETE

[fuchsiapossum.livejournal.com]

I sent a 4th refund payment of $275 on March 21st and the 5th (FINAL) payment today of $275. I have now 100% fully refunded her.

4th Payment Proof: http://postimg.org/image/b3tougqyd/full/

5th and FINAL Payment Proof: http://postimg.org/image/4x7h4pu01/full/

Total Refunded: $1550

Re: REFUND COMPLETE

[ktdavid4.livejournal.com]

Can we mark this resolved? (there is two)

Thank you