Beware: Nayel-ie [Resolved]
Dec. 18th, 2014 07:18 am![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
shark5060.livejournal.com posting in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png){kind=small}
artists_bewareWHO:
Nayel-ie, Nayelfox
WHERE:
FA: https://www.furaffinity.net/user/nayel-ie/
Due to Nayel-ie requesting to the mods that all other links should be removed, I have removed them. You can still find her on
DA, Weasyl, FB, Tumblr, Instagram, and with her TOS Homepage on Wordpress. You should be able to guess her username =)
WHAT:
Digital Drawing of my OC, later changed to Digital Drawing of Krystal from Star Fox
WHEN:
Initial contact was on December, 31st 2013. Payment was completed on the same day.
Contacted her about the commission at 23.01.2014, 03.02.2014, 21.03.2014, 07-12.05.2014, 14-20.11.2014, 21.11.2014, 08.12.2014
EXPLAIN:
Commissioned a digital drawing of my OC on Dec, 31st 2013 when she told during her stream that she needed quick money for some medical bills. I later changed that commission, with her consent, to "draw whatever you like" since she posted that she never had time to draw stuff she likes, because she is always occupied with commissions. She then started drawing Krystal from Star Fox during one of her streams crediting it to me. She never finished that drawing and when I asked about it she always told me that it would be continued shortly.
In my latest inquiry I only get very short, unprofessional and quite rough answers that she will do it when she has done the newly-accepted commissions. She, however, has no problem with accepting discounted commissions with the promise of "tonight completion".
I had commissioned her before and got time image completed in a very timely manner (if I remember correctly it was below a week, which is very fast), hence I didn't think that it would take THIS long...
PROOF:
Since I'm not a huge fan of posting several images, I will post you the links with a small explanation. All images are SFW!
31.12.2013: First contact. I wrote her the note after I had watched her stream and saw that she needed money. I would have donated it at this point, but since I don't like the concept of a donation very much I asked for a commission. This includes the PayPal address (censored) and payment details.
http://imageshack.com/a/img540/6291/ErXrK4.jpg
(Censored) PayPal payment details for the transaction:
http://imageshack.com/a/img540/6007/QlPlw3.jpg
23.01.2014: Second contact. I wrote this note after I had read in one of her journals that she had very little time to draw for herself, since she was always occupied with commissions. So I offered that she could use the time she would take for my commission to draw something that she enjoyed. She asked me what I wanted but I thought that would defeat the purpose of the idea.
http://imageshack.com/a/img674/8775/er8scm.jpg
03.02.2014: Third contact. This time she wrote me a note when she had an idea that she could draw Krystal from Star Fox. Of course I agreed, and thus the change of my commission was official.
http://imageshack.com/a/img673/683/pXwRe9.jpg
21.03.2014: Fourth contact. I wrote her a mail (during this time, her preferred way of contact) after she wrote a journal about all the commissions she still owed. If we didn't see our name on that list we should write her a mail, which i promptly did.
http://imageshack.com/a/img912/5250/2AiLOr.jpg
07.05.2014: She then did a journal (again) asking for everyone who she owed commissions to, to write her a mail - she needed this for sorting. A screenshot of said journal is included below:
http://imageshack.com/a/img746/5023/opGVke.jpg
07-12.05.2014: Fifth contact. My mail answering her call to the journal above. During this mail I offered to take a different form of compensation for my money (Sketches, Lineart), because I was learning to draw and would have used those as study objects. She refused and reassured me that she was still doing the Krystal picture.
http://imageshack.com/a/img908/9935/spVJNi.jpg
14.11.2014: She created two journals selling discounted commissions. One with a promised "tonight completion" turnaround. She even said that she would stream those commissions on her Livestream.
http://imageshack.com/a/img537/5365/vUF9c9.jpg
14-20.11.2014: Sixth contact: I noted her about my commission and this time I didn't get a single friendly reply like in the last notes or mails. She seemed very short tempered and busy and didn't answer any of my questions in a manner that I would expect from a professional artist. In between I even asked for some better communication, but this request was simply ignored.
http://imageshack.com/a/img673/3372/lwW0Lr.jpg
21.11.2014: Seventh contact: I sent her a note after I spoke with my lawyer about possible legal steps. I've set a deadline to give her enough time to either finish the image, refund me or find a suitable solution. The deadline got extended, since she wasn't at home until 2 weeks later.
http://imageshack.com/a/img538/1575/RCT3Ov.jpg
08.12.2014: Eighth contact: I sent her a reminder since she should have already been back from her trip.
http://imageshack.com/a/img901/1170/O7lI6S.jpg
Well I haven't heard anything after that. Now I think about suing her for fraud, which would be a felony. Sure, it would cost me a lot of money beforehand (would have to hire a lawyer in Canada .. from Germany) but since I can throw all those charges at her I am not very worried about it, especially since I have a legal insurance which would cover those things as well.
reading the comments on the other A_B posts about her (http://artists-beware.livejournal.com/807348.html and http://artists-beware.livejournal.com/802050.html) she seems to owe art for multiple thousands of dollars.. however she doesn't have a problem scamming those customers and accepting new commissions or even do free art streams:
http://imageshack.com/a/img540/7766/1U0E19.jpg
http://imageshack.com/a/img661/4571/cT7WqP.jpg
PS: As for everyone that she owes commissions to, I can only give the advice to REPORT her to PayPal. You won't get your money back (unless you have purchased physical goods from her), but the more people report fraudulent transactions with her account the more likely it is that they will investigate and/or stop her from using PayPal which would slow her shenanigans down by a huge amount, at least for future commissioners.
-> and no, if she would like to issue a refund with PayPal they would gladly allow those transactions, even if they banned her from using it!
UPDATE:
I had to remove all links to her profiles, except her FA page. Nayel-ie requested this from the mods and I complied. Here are a screencap of her old TOS, since she changed her since.
http://imageshack.com/a/img661/4160/YVbr3S.jpg
http://imageshack.com/a/img538/5366/a0a8pW.jpg
Also I received a reply to one of my last notes and she said that she would complete the image in the following days.
http://imageshack.com/a/img913/9884/BjG2FC.jpg
2 days later (the day she wanted to give me the image) I watched one of her Livestreams and she showed me (and the other viewers) a progress shot. The image was 80% completed at that time, thus I gave her 2 additional days. Since I didn't hear anything from her after that I sent another note.
http://imageshack.com/a/img910/6646/h96zQF.jpg
On December, 21st I received a note with a link to the final image (FA Version shown below) which brings this annoying journey to an end.
https://www.furaffinity.net/view/15279262/
It's sad that you have to threaten an artist with legal action for their own incompetence to stick to a contract. It's also sad that Nayel-ie never apologized for the delay or her attitude. It looks to me like she thinks she's done everything right and has nothing to fear. Well from a legal standpoint that might be correct at least with this case. I just hope that her other customers are just as "lucky" to get their work done as well.. there are far to many out there who have to wait for their art; Art they already have paid for.
Nayel-ie, Nayelfox
WHERE:
FA: https://www.furaffinity.net/user/nayel-ie/
Due to Nayel-ie requesting to the mods that all other links should be removed, I have removed them. You can still find her on
DA, Weasyl, FB, Tumblr, Instagram, and with her TOS Homepage on Wordpress. You should be able to guess her username =)
WHAT:
Digital Drawing of my OC, later changed to Digital Drawing of Krystal from Star Fox
WHEN:
Initial contact was on December, 31st 2013. Payment was completed on the same day.
Contacted her about the commission at 23.01.2014, 03.02.2014, 21.03.2014, 07-12.05.2014, 14-20.11.2014, 21.11.2014, 08.12.2014
EXPLAIN:
Commissioned a digital drawing of my OC on Dec, 31st 2013 when she told during her stream that she needed quick money for some medical bills. I later changed that commission, with her consent, to "draw whatever you like" since she posted that she never had time to draw stuff she likes, because she is always occupied with commissions. She then started drawing Krystal from Star Fox during one of her streams crediting it to me. She never finished that drawing and when I asked about it she always told me that it would be continued shortly.
In my latest inquiry I only get very short, unprofessional and quite rough answers that she will do it when she has done the newly-accepted commissions. She, however, has no problem with accepting discounted commissions with the promise of "tonight completion".
I had commissioned her before and got time image completed in a very timely manner (if I remember correctly it was below a week, which is very fast), hence I didn't think that it would take THIS long...
PROOF:
Since I'm not a huge fan of posting several images, I will post you the links with a small explanation. All images are SFW!
31.12.2013: First contact. I wrote her the note after I had watched her stream and saw that she needed money. I would have donated it at this point, but since I don't like the concept of a donation very much I asked for a commission. This includes the PayPal address (censored) and payment details.
http://imageshack.com/a/img540/6291/ErXrK4.jpg
(Censored) PayPal payment details for the transaction:
http://imageshack.com/a/img540/6007/QlPlw3.jpg
23.01.2014: Second contact. I wrote this note after I had read in one of her journals that she had very little time to draw for herself, since she was always occupied with commissions. So I offered that she could use the time she would take for my commission to draw something that she enjoyed. She asked me what I wanted but I thought that would defeat the purpose of the idea.
http://imageshack.com/a/img674/8775/er8scm.jpg
03.02.2014: Third contact. This time she wrote me a note when she had an idea that she could draw Krystal from Star Fox. Of course I agreed, and thus the change of my commission was official.
http://imageshack.com/a/img673/683/pXwRe9.jpg
21.03.2014: Fourth contact. I wrote her a mail (during this time, her preferred way of contact) after she wrote a journal about all the commissions she still owed. If we didn't see our name on that list we should write her a mail, which i promptly did.
http://imageshack.com/a/img912/5250/2AiLOr.jpg
07.05.2014: She then did a journal (again) asking for everyone who she owed commissions to, to write her a mail - she needed this for sorting. A screenshot of said journal is included below:
http://imageshack.com/a/img746/5023/opGVke.jpg
07-12.05.2014: Fifth contact. My mail answering her call to the journal above. During this mail I offered to take a different form of compensation for my money (Sketches, Lineart), because I was learning to draw and would have used those as study objects. She refused and reassured me that she was still doing the Krystal picture.
http://imageshack.com/a/img908/9935/spVJNi.jpg
14.11.2014: She created two journals selling discounted commissions. One with a promised "tonight completion" turnaround. She even said that she would stream those commissions on her Livestream.
http://imageshack.com/a/img537/5365/vUF9c9.jpg
14-20.11.2014: Sixth contact: I noted her about my commission and this time I didn't get a single friendly reply like in the last notes or mails. She seemed very short tempered and busy and didn't answer any of my questions in a manner that I would expect from a professional artist. In between I even asked for some better communication, but this request was simply ignored.
http://imageshack.com/a/img673/3372/lwW0Lr.jpg
21.11.2014: Seventh contact: I sent her a note after I spoke with my lawyer about possible legal steps. I've set a deadline to give her enough time to either finish the image, refund me or find a suitable solution. The deadline got extended, since she wasn't at home until 2 weeks later.
http://imageshack.com/a/img538/1575/RCT3Ov.jpg
08.12.2014: Eighth contact: I sent her a reminder since she should have already been back from her trip.
http://imageshack.com/a/img901/1170/O7lI6S.jpg
Well I haven't heard anything after that. Now I think about suing her for fraud, which would be a felony. Sure, it would cost me a lot of money beforehand (would have to hire a lawyer in Canada .. from Germany) but since I can throw all those charges at her I am not very worried about it, especially since I have a legal insurance which would cover those things as well.
reading the comments on the other A_B posts about her (http://artists-beware.livejournal.com/807348.html and http://artists-beware.livejournal.com/802050.html) she seems to owe art for multiple thousands of dollars.. however she doesn't have a problem scamming those customers and accepting new commissions or even do free art streams:
http://imageshack.com/a/img540/7766/1U0E19.jpg
http://imageshack.com/a/img661/4571/cT7WqP.jpg
PS: As for everyone that she owes commissions to, I can only give the advice to REPORT her to PayPal. You won't get your money back (unless you have purchased physical goods from her), but the more people report fraudulent transactions with her account the more likely it is that they will investigate and/or stop her from using PayPal which would slow her shenanigans down by a huge amount, at least for future commissioners.
-> and no, if she would like to issue a refund with PayPal they would gladly allow those transactions, even if they banned her from using it!
UPDATE:
I had to remove all links to her profiles, except her FA page. Nayel-ie requested this from the mods and I complied. Here are a screencap of her old TOS, since she changed her since.
http://imageshack.com/a/img661/4160/YVbr3S.jpg
http://imageshack.com/a/img538/5366/a0a8pW.jpg
Also I received a reply to one of my last notes and she said that she would complete the image in the following days.
http://imageshack.com/a/img913/9884/BjG2FC.jpg
2 days later (the day she wanted to give me the image) I watched one of her Livestreams and she showed me (and the other viewers) a progress shot. The image was 80% completed at that time, thus I gave her 2 additional days. Since I didn't hear anything from her after that I sent another note.
http://imageshack.com/a/img910/6646/h96zQF.jpg
On December, 21st I received a note with a link to the final image (FA Version shown below) which brings this annoying journey to an end.
https://www.furaffinity.net/view/15279262/
It's sad that you have to threaten an artist with legal action for their own incompetence to stick to a contract. It's also sad that Nayel-ie never apologized for the delay or her attitude. It looks to me like she thinks she's done everything right and has nothing to fear. Well from a legal standpoint that might be correct at least with this case. I just hope that her other customers are just as "lucky" to get their work done as well.. there are far to many out there who have to wait for their art; Art they already have paid for.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
no subject
Date: 2014-12-18 12:15 pm (UTC)Wholy! This is like the second AB I've seen for her in less than 2 months.
Not to mention she already has previous AB's.
Crazy.
Defiantly well Warranted.
Also sorry things didn't work with you and her. I know the feeling all to well as it has happened with other artists.
no subject
Date: 2014-12-18 12:24 pm (UTC)I am still thinking about suing her for fraud, but since she's located in Canada and I'm from Germany this would require me to hire a lawyer over there. Not that my legal insurance wouldn't cover it, but it's a huge hassle over the amount of 110$ ... so meh. Would give her something to think about tho, and a felony charge by her name isn't something that she should take lightly.
no subject
Date: 2014-12-18 02:09 pm (UTC)Not many can afford to take legal action.
no subject
Date: 2014-12-18 04:12 pm (UTC)no subject
Date: 2014-12-18 04:17 pm (UTC)Just unreliable as fck, which is a huge problem =)
no subject
Date: 2014-12-18 08:30 pm (UTC)no subject
Date: 2014-12-18 08:54 pm (UTC)no subject
Date: 2014-12-19 12:56 am (UTC)no subject
Date: 2014-12-19 07:49 pm (UTC)no subject
Date: 2014-12-19 06:29 pm (UTC)This evening Nayel-ie was doing one of her recent "free art" streams and I asked her for an update. She showed the viewers the progress and it seems the image is almost completed. That plus some notes we exchanged yesterday I might be lucky and get the image in a couple of days.
Let's hope for the best (both hers and mine).
no subject
Date: 2014-12-19 10:31 pm (UTC)no subject
Date: 2014-12-20 02:28 pm (UTC)Edited the content out and added a new comment at the right spot.
no subject
Date: 2014-12-20 05:34 pm (UTC)Nayel-ie requested, through the mods, that all links except her FA should be removed ............
Well I won't comment on that here, but it tells so much XD
Update2:
She also updated her TOS homepage, which I am no longer allowed to link, to a bit more ... reasonable standard. Still some red flags, but not as much as before. It is still invalid in at least 2 points when it comes to Canadian law, but well - guess she didn't care before so why should she now.
When I'm back at work on Monday, I will add screen-caps of the OLD TOS to my initial post, since I saved them there.
no subject
Date: 2014-12-20 10:07 pm (UTC)Sorry you had to wait so long; especially for something that you gave her complete free reign on!
I commissioned her a year ago in stream, and the art, though completed; was significantly less detailed than the examples shown at the time. Ending up unwatching her shortly after.
no subject
Date: 2014-12-21 08:04 am (UTC)Whow I can't believe it. It is finally completed!
https://www.furaffinity.net/view/15279262/
no subject
Date: 2014-12-21 09:41 am (UTC)no subject
Date: 2014-12-21 06:05 pm (UTC)I will, however, edit the initial post with all updates and a screenshot of her old TOS, if that's okay.
thanks
no subject
Date: 2014-12-22 10:30 pm (UTC)Mod Comment
Date: 2014-12-22 10:43 pm (UTC)This comment is unwarranted, and we ask for care in the future to be more mindful.
no subject
Date: 2014-12-22 08:24 am (UTC)Thanks for all the good wishes etc, I really hope other customers of her can resolve their issues with her as well without having to threaten with legal action (or even have to follow through with it ... which in the other hand might be a wakeup call tho).