[identity profile] poizenkat.livejournal.com posting in [community profile] artists_beware

WHO: Toshiko-paws on Deviantart


WHERE: http://toshiko-paws.deviantart.com/

WHAT: Three Custom Plush

WHEN: Paid may 9th

PROOF: http://comments.deviantart.com/1/446701609/3435207962 proof of payment for first two plush http://comments.deviantart.com/1/446701609/3477552854 proof of payment for third plush

EXPLAIN: I saw this journal http://toshiko-paws.deviantart.com/journal/PLUSHIE-IRON-ARTIST-CLOSED-446701609 and I thought it was an amazing deal! The person's plush are very cute. Looking back I should have realized that 100 plush in 5 months was just a ridiculous goal. Even when done in batches of 40 or so. That was my own fault and I should have paid more attention to what was going on. Here is their to do list; http://toshiko-paws.deviantart.com/journal/The-list-457347681 which is actually missing a lot of other owed works as you could see by browsing their journals.

Not only are the plush late (they originally said it would take 6 months to complete them all, but sadly that was removed so I don't have any proof of that.) but I have gotten zero progress reports on my plush. Yes they have posted a large amount of wip images in their gallery, but as far as I can tell none are for me except perhaps this one http://toshiko-paws.deviantart.com/art/Plushie-wips-475235074 from back in august.

I did not have any experience with their horrific attitude until here; http://comments.deviantart.com/1/460139356/3611129259 where I addressed my concerns with her taking upon more commissions. I had honestly never contacted them directly about my commissions before besides when I had paid. I never asked anything of them at any point or anything of the sort. I never spoke to them privately, either. I will however admit that I could have been more polite, but I definitely did not expect such a reaction.

I am also debating with myself if I should even contact them for a progress update because I don't really want to get such a reaction. They also not do refunds as seen here; http://toshiko-paws.deviantart.com/journal/Plushie-terms-of-service-451088417

Edit: strangely enough after months of no contact I finally got an update only a few days after posting this http://toshiko-paws.deviantart.com/art/ALL-THE-PLUSHIE-WIPS-505855532 however it only shows one of the three plush having been worked on. Besides that this is still, i hope, a very valid beware.

Edit2: http://comments.deviantart.com/1/460139356/3714548908 seems like someone from here decided to comment on DA which I believe was against the rules? If not then I apologize, but either way please keep your questions and concerns here and do not take it offsite.

Edit3: http://toshiko-paws.deviantart.com/art/Tiny-One-508183868 finished one of them though its missing the back of the mane as shown here http://tea-cats.deviantart.com/art/Tiny-One-Ref-404380865 ill remove this part when/if it is fixed!

Edit 4: Quite some time later there were a few hiccups (a mane for a charater was promised, but they ended up being unable to do that. parts of the plush arent sewn very well having smal holes between the seams, etc.) with some missed deadlines and such, but i got them in the mail today. I'll consider this resolved, but still a very valid beware. I feel that they have a lot to work on and while they are a good person that doesnt excuse their bad business. I really sincerely hope they learn and improve.

MOD COMMENT

Date: 2015-01-11 11:15 pm (UTC)
From: [identity profile] kayla-la.livejournal.com
Hi! We've approved this as-is but we recommend taking screencaps of all your links, just in case anything is deleted.

Re: MOD COMMENT

Date: 2015-01-12 01:49 am (UTC)
From: [identity profile] mazz.livejournal.com
Thera commented: http://comments.deviantart.com/1/460139356/3714548908
Isn't that against the rules?

Re: MOD COMMENT

Date: 2015-01-12 01:52 am (UTC)
From: [identity profile] celestinaketzia.livejournal.com
She's commenting there because she doesn't want us to find out her sock puppet and ban her.

Re: MOD COMMENT

Date: 2015-01-12 03:10 am (UTC)
From: [identity profile] kayla-la.livejournal.com
Since she is already banned, there's not much we can do, but you can of course block her on Deviantart to prevent further harassment. She has a habit of using communities like this (not just AB) as a way to harass people, unfortunately.

Re: MOD COMMENT

Date: 2015-01-12 04:53 am (UTC)
From: [identity profile] latiro.livejournal.com
I'm not surprised to hear about it.

Re: MOD COMMENT

Date: 2015-01-12 04:07 am (UTC)
From: [identity profile] fusreya.livejournal.com
Wow, she is truly a leech.

Re: MOD COMMENT

Date: 2015-01-12 04:09 am (UTC)

Re: MOD COMMENT

Date: 2015-01-12 04:55 am (UTC)
From: [identity profile] kayla-la.livejournal.com
Please keep our no name-calling rule in mind.

Re: MOD COMMENT

Date: 2015-01-13 01:45 am (UTC)
From: [identity profile] fusreya.livejournal.com
Whoops :x
It was meant along the lines of "leeching off of the LiveJournal furry communities" but I should have gotten my thesaurus out. Sorry about that!

Re: MOD COMMENT

Date: 2015-01-12 11:40 am (UTC)
From: [identity profile] celestinaketzia.livejournal.com
Alright folks, do not engage with Thera.

She knows exactly what she's doing, and engaging with her is futile. Please just either ignore her or block her and move on.

Date: 2015-01-11 11:57 pm (UTC)
From: [identity profile] adzuki.livejournal.com
100 plushies? Keeripes I have a hard time working on one.

I see there is a wip and so there is a glimmer of hope but my goodness the attitude and friends chiming in does not make good business.

Date: 2015-01-12 01:03 am (UTC)
From: [identity profile] kaiiju.livejournal.com
I remember she contacted the owners of several random sushidog owners asking to make their soosh into a plush (for free), which is undoubtedly adding to her workload, too (even though I'm sure her heart was in the right place at the time).
It looks like she posted a journal taking on more commissions today, too.

Date: 2015-01-12 02:06 am (UTC)
From: [identity profile] bladespark.livejournal.com
Well, as a full time plush maker myself, I'll say that 100 plushes in six months isn't actually completely insane, especially if a lot of them are going to use the same patterns and so can genuinely be done in batches. I do more than that in about that much time for the MLP convention circuit.

That said, that's a full time job, never slacking off, keeping super on top of it and doing a lot of 16 hour days kind of thing. Convention season leaves me utterly exhausted, and it sure doesn't look like this person is keeping up that kind of pace here.

The no refunds policy, though... that is not just a cruddy policy, it's basically illegal.

Date: 2015-01-12 02:18 am (UTC)
From: [identity profile] bladespark.livejournal.com
No full refunds once work has been done is a pretty common practice, but you can't just say "no refunds" when you have somebody's money and you haven't delivered anything for it.

Date: 2015-01-12 04:52 am (UTC)
From: [identity profile] latiro.livejournal.com
This, so much!

Date: 2015-01-12 02:04 pm (UTC)
From: [identity profile] lackoflollies.livejournal.com
After their unprofessional response i'd be demanding a refund at this point; By force if necessary.

Date: 2015-01-12 06:47 pm (UTC)
From: [identity profile] lackoflollies.livejournal.com
If it came out of your bank account instead of a PayPal balance, contact your bank and dispute the payment.

Date: 2015-01-13 06:21 am (UTC)
From: [identity profile] lackoflollies.livejournal.com
I would still try calling paypal personally.

Date: 2015-01-12 05:45 pm (UTC)
From: [identity profile] xeshaire.livejournal.com
This policy wasn't there when I ordered four of those too. She must have added it when I asked for the refund of my 4 plushies because some stuff happened in real life. (And I'm still waiting on the last part of the refund whereby she said she will give it when she gets her tax refund.. I asked for an estimate and she didn't know. =/ )

I don't think it's fair to just put "no refunds" AFTER taking all those commissions and then making everyone apply to it. She only started one, so she should be able to refund you for the other two. Since her ToS say "8. I DO NOT DO REFUNDS ONCE THE PLUSHIES HAVE BEEN STARTED, PERIOD."

Date: 2015-01-12 06:07 pm (UTC)
From: [identity profile] kazeno-taka.livejournal.com
She might not see a tax refund until May-June depending on how late she files :\ Refunds shouldn't have a waiting period more than a week or so - if you paid for something and they can't deliver within a reasonable amount of time, you should receive a refund.

Date: 2015-01-12 06:40 pm (UTC)
From: [identity profile] xeshaire.livejournal.com
Ouch.. That's gonna be a while. I find it quite unfair that she spent my money I paid already eventhough she hasn't finished the plushies. I get things happen but seeing the huge amount she made with those 2 iron artists it should have been fine.

Date: 2015-01-12 06:47 pm (UTC)
From: [identity profile] kazeno-taka.livejournal.com
I agree. I've been in tight spots financially, but if someone asked for a refund, I'd find some way to get it to them. A good rule is to never spend the money until the piece is complete, though I understand (especially with plushie makers and fursuit makers) you have to spend some of that money for materials. That's why many artists have a clause in their TOS that says that any refunds will be minus any materials purchased for the project. But saying "no refunds at all" is wrong and illegal.

Also, I've never made plushies, but for the sheer workload, I feel like maybe she's bitten off more than she can chew (especially with that defensive reply she gave you). It's one thing to create 100 plushies for a convention, where you may only be making 10 different designs, and another thing to be making 100 unique, custom character plushies and trying to stay within a 6 month deadline. The fact that she's waiting for her tax return suggests that she has a separate job that automatically withholds taxes (a "9 to 5" as opposed to being strictly self-employed), which may cut into the amount of time she can produce plushies.

Again, this is all simple theorizing - I don't know the artist or what her situation is, but the fact that you (and others) have been waiting so long for the item you've paid for isn't a good sign. There's no shame in saying "listen guys, I've taken on more than I thought I could complete in the time period I quoted. Would you mind if I took X amount longer?" Keeping your clients updated is the most important thing.

Date: 2015-01-12 11:26 pm (UTC)
From: [identity profile] xeshaire.livejournal.com
Yeah that I expected at least, but since I asked for the refund after a couple weeks where it wasn't ordered it should have been fine. She agreed to the full refund so I don't have issues.

Don't get me wrong, she's very sweet and does refund the amount, it's just the way she handles commissioner's money that kind of bugs me.. With the last Work in progress shown it seems she's making a lot of progress of the huge list she has. I just hope everyone gets their refund/plush(ies) very soon.

And to the last part I believe she did post something like that before, but still takes on more commissions knowing that she has to finish a list and knowing it's wrong.

Date: 2015-01-13 12:32 pm (UTC)
From: [identity profile] sheepilyy.livejournal.com
I also want to add here, that there may NOT be any tax refund. Like kazeno_taka said this seems to imply that she is working a job that withholds her taxes.
But he/she also does commissions on the side. I know this is what I do, and I claim my commissions as a hobby tax (and pay it all at the end of the year). But normally what winds up happening is I actually owe a little bit of money rather than getting a refund because of the hobby tax.
I mean it all depends if is she actually making a profit on his/her commissions or not but yeah!

I mean I don't know anything about it, but I also want to add in, be prepared if she actually doesn't get a refund because of having to include his/her commission in as a hobby tax.
I would probably request more of a hard deadline than just "when I get my tax refund" since that's very vague and may or may not happen.

Date: 2015-01-13 06:14 pm (UTC)
From: [identity profile] xeshaire.livejournal.com
She has been refunding me partially over week/month times. While I would want it asap there's nothing much I can do about, I just care for that she actually refunds me soon. She's not really fast with it, but with the all the money spent I'll have to wait till she gets the refund, gets more money from commissions or gets a paycheck where she can.

Since she said she will get a tax refund I'm assuming she makes enough with her job to get a return. I just hope everyone gets their stuff soon.

Date: 2015-01-12 06:41 pm (UTC)
From: [identity profile] xeshaire.livejournal.com
I saw one started, but not the other two from the poster here. I guess there must be another wip shot she hasn't uploaded yet.

Date: 2015-01-12 11:21 pm (UTC)
From: [identity profile] xeshaire.livejournal.com
Still dunno if the poster's other 2 plushies are in there.

Date: 2015-01-12 11:52 pm (UTC)
From: [identity profile] xeshaire.livejournal.com
I really derped, I thought you were someone else aha. Glad to hear that all are worked on then!

Date: 2015-01-13 12:24 pm (UTC)
From: [identity profile] sheepilyy.livejournal.com
I also want to mention she CAN'T change his/her TOS after the agreement as been made (unless both parties agree). TOS don't work like that, and that is why it is important to keep past copies of TOS for reasons like this.

If the no refunds policy wasn't there when you order your commission (even tho that policy isn't really legal, but people have mention that already), you in no way need to adhere to that. It wasn't apart of your agreement and the original artist can't just go back and say, "I have a new rule!" unless a new contract is made. If you can't come to an agreement then the artist will have to refund you anyway.

I don't believe TOS are allowed to be retroactive like that (unless something is stated in the original agreement about that? But I don't think so... it depends. Most the time not so much). The artist and the client need to draft a new contract if one of the two parties wants something changed.

Date: 2015-01-12 08:18 pm (UTC)
From: [identity profile] miryhis.livejournal.com
Hello!
I didn't see anyone post about it in the comments, but http://artists-beware.livejournal.com/tag/artist-sagomekitsune124%2Fphereandsagome is the same person.

Their FA is Sagome and here's a cross post in their galleries: http://www.furaffinity.net/view/15051180/ and http://toshiko-paws.deviantart.com/art/Sam-plush-495229664 . I just thought it should be brought to people's attention just in case people see them on FA.

That being said, I hope this gets resolved soon!

Date: 2015-01-12 09:11 pm (UTC)
From: [identity profile] miryhis.livejournal.com
You're welcome! I hope it helps!

Date: 2015-01-13 12:15 pm (UTC)
From: [identity profile] sheepilyy.livejournal.com
I think the part that bothers me the most is that they probably have the means to refund you. While I don't know them that well, I do feel that they probably have product that they could resell if they so choose.
I am baffled that someone was told that they need to wait for the original artist's tax refund to get a refund. It just seems like poor money management and bad business to spend money you haven't earned (as many people have commented before).

I am also a little shocked that she/he just gave you a picture of many plushies in a bag and went, "your's are in here." It is really strange to me. And if that's the response I got when I asked to see progress... man I don't know. It just makes me feel like the original artist doesn't care enough about my commission to even show me a WIP of my current character (instead of some vague images were no one can tell ANYTHING).

I agree that the original artist was quite rude when you inquired about their commission work load. You have a right to be concerned, and the original artist should try to keep an air of professionalism.

It just leaves a really bad taste in my mouth about the whole situation. A lot of red flags to me. Sorry you had to deal with this OP. Beware well warranted.

Date: 2015-01-27 05:31 pm (UTC)
From: [identity profile] lavacookies.livejournal.com
Toshiko-Paws is not responsible with money in the slightest, I wouldn't be surprised if she already spent the money she made plushing several times over. I saw she recently bought an artist a $1,000 set of copic markers, and they weren't even friends!

Also; if by some miracle she actually finishes your plush the results vary WILDLY depending on how popular you are or if she personally likes your character's design.

Exhibit A: http://fav.me/d836rds A well-put together faithful representation of a sushi cat (a species she likes)
Exhibit B: http://fav.me/d836t7j An extremely shoddy plush FULL of cut corners of somebody's OC. The customer even tipped extra to ensure it was well-done.

Artist's beware, indeed.

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