[identity profile] honeyking.livejournal.com posting in [community profile] artists_beware
WHO + WHERE: http://www.furaffinity.net/user/starmony/

WHAT: On March 22nd 2014 I (officially) contacted Starmony via FurAffinity about purchasing two custom 'Bunicorn' designs from her.
Her Bunicorn can be seen here: http://www.furaffinity.net/view/12569526/

WHEN: Initial contact was in March 2014
Agreement to design customs for me was March 9th, 2014.
Design ideas sent by me on March 22nd, 2014.
Payment sent via PayPal on May 4th, 2014. (*note that I sent this payment just before midnight on May 3rd)
Preview for only one of the designs received on May 26th, 2014.
Updated preview for the same design received on June 1st, 2014.
Contact bump + A_B warning sent on August 2nd, 2014.

PROOF: All Notes (sent + received) as well as PayPal's proof of payment shown in this image: http://i.imgur.com/uQdAqrg.png

EXPLAIN: I first contacted Starmony to ask if her 'Bunicorn' character was from a closed species or not, because I was interested in making/purchasing one.
She replied to me stating that while they were a closed species, she would be happy to make a custom for me.
I explained that I was interested in buying a pair of customs, and gave details about inspiration and colour palettes.
We exchanged information, payment was sent, and only one of the designs was ever shown to me having been worked on.
I have never received proof that the other design was even started.
All interaction, discussing payment and design elements of the two designs have been pleasant and fine until June of this year.
Once before this point communication had been slow, as seen in the PROOF screenshot, but I too know how it is to just step away from a site for a little while.  I was okay with this because communication seemed to be okay after that, and I had been given proof of work.
However it has been two months now since I sent a reply to her on June 2nd, and she has (at the time of writing this) not opened that Note.
I have sent a 'warning' Note to her on August 2nd, but this Note too has not been opened.

I understand taking your time on something, and I also understand that sometimes struggles happen with designs.
What I don't appreciate though is a complete lack of communication, especially paired with total inactivity on the site itself.

While I would love to have both completed designs still, at this point they have lost their luster to me and I would accept a refund.
Since partial work on one of the designs was given to me, I would accept a partial refund, and keep the unfinished design if the artist so chooses.
Since it has been months since this transaction began, I am not sure if I can request a refund via PayPal or not, so I am hoping to work this out with the artist herself.

I will update this post with any new information when I receive it.

Date: 2014-08-19 12:57 am (UTC)
From: [identity profile] purpurealuna.livejournal.com
At the risk of being shady, if you just want to guiltlessly make a bunny with a unicorn horn, make an Al-mi'raj.

The beware sounds quite warranted.

Date: 2014-08-19 01:02 pm (UTC)
From: [identity profile] kattotang.livejournal.com
Or they could make a lepus cornutus (horned hare) or a jackalope or whatever. There are plenty of rabbits with horns/antlers in mythology. It's not like it's some original concept...

Date: 2014-08-20 10:20 pm (UTC)
From: [identity profile] kattotang.livejournal.com
Well, it's not like I don't realize that. I just also think the idea of having a horned rabbit as a "closed species" is silly and seems like a ploy to try to get more money out of people, but that might just be me.

Either way, the beware is definitely well warranted. I hope you're able to either get the art or get your money back.

Date: 2014-08-20 07:28 am (UTC)
From: [identity profile] thaily.livejournal.com
Yeah, while I'm entirely supportive of respecting someone's closed species, they'd have to be an original creation and the idea of a horned rabbit (http://bridgeofmagpies.com/al-miraj/) is not. Like Purpureluna said, just make an anthro Al-mi'raj and you're golden.

You can try asking Paypal about your refund, otherwise I guess people will just have to blacklist her as long as this goes unresolved.

Date: 2014-08-20 03:17 pm (UTC)
From: [identity profile] roxyfur.livejournal.com
Since she's already started one of them and put a little bit of work into this, I certainly hope you are able to get into contact with her before just getting the refund through Paypal. She did some work at at least deserves compensation for that.

The lack of contact after June makes this beware well-warranted.

Date: 2014-08-20 04:16 pm (UTC)
From: [identity profile] celestinaketzia.livejournal.com
The op wouldn't be able to file a chargeback through PayPal anyway; it's been longer than 45 days.

Date: 2014-08-21 01:12 am (UTC)
From: [identity profile] roxyfur.livejournal.com
Very true! They did say they were going to look into contacting them for a refund in the above thread, so I felt that it should at least be mentioned in case they are somehow able to get one anyway.

Date: 2014-08-21 03:14 am (UTC)
From: [identity profile] sableantelope.livejournal.com
I had to do a dispute for the first time and explained to the paypal rep that I needed to take x% of for the work already completed. They don't get into that detailed an investigation though, they only refund the entire amount when there's been wrong doing. Basically they want to just negate the transaction as violation of their TOS, not appear to be making any judgements of legal wrong doing.

So it's up to you to send back for what work was done when you get the refund.

[BTW, I tried to send that back to the artist I won the claim against but they refused since their paypal was in the negative and they wouldn't actually get the money- only pay off the debt. I was unimpressed with that answer but I then offered to send them a money order if they would pay the cost of the Intn'l MO + shipping the MO, really my only obligation was to return the funds in the method I recieved them but I wanted this settled- they wouldn't so I was stuck with that money. Still feel a bit bad about that(I donated the amount to charity) but I did tr to give it back, nothing else I can do.]

So TL:DR is that Paypal doesn't rule on wrong doing, they can only cancel the transaction based on their TOS: which means they can't break up payent, the entire original total comes back to you.
Just in case anyone else had a case like this where some work was completed and was wondering if they can ask Paypal to only return a part of their original payment.

Date: 2014-08-21 05:29 pm (UTC)
From: [identity profile] roxyfur.livejournal.com
Mhm. I think I remember seeing your comment on that, which is why I felt the need to mention it, in case they did magically get Paypal to break their 45 day rule.

But anyway, this is a little OT so I'm sure the mods will come in soon and tell us to hush lol. :3 Good input though!

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