Advice needed.

[dasakiv.livejournal.com]

I'm having a touch of trouble with an artist and thought i would ask you guys for advice on this.

Is it wrong of me to insist that an artist finishes a picture as was agreed upon at the time of commission, or am i the bad guy for not accepting something entirely different because the artist doesn't feel they had been paid enough to suit their prices 3.5 years later?

I had traded a physical for a 2-character image in mid-2011 and the image was only just finished in the last week and is nothing like what was 'paid' for, or even the correct number of characters...

So I ask, am I wrong to say that I don't consider the image acceptable, and is this something I should make a full beware about if contact with the artist fails?

Edit: I think I'll give them one more chance to make things right before I post the beware.. Should I let them know I intend to make a beware and how would I do so in a way that doesn't come off as threatening?

Update 3-20-15: The artist and I have come to an agreement, they will be refunding me in the form of sending the item (a pair of trading cards) back to me and putting this to rest.

Comments

[gatekat.livejournal.com]

You are not wrong to expect and receive what you paid for.

No artist should penalize a client because the artist won't work in a timely manner. If you paid for X, you should receive X.

Anything less is illegal.

Yes, a full beware is warranted IMO.
Just include why it took 3.5 years.

[dasakiv.livejournal.com]

it took that long, because I'm too patient with people. I was asking on a semi-regular basis, even in person at conventions, and just getting noncommittal answers back.

[rachael walters (from livejournal.com)]

You are in the right

A company would not charge you more money on something you pre-ordered all because it is given to you later.

You paid then and should get the quality of art that was being sold at the time. What this artist is doing is being very unfair to you and should be given a beware in my opinion because she has pretty much scammed you and is refusing to give what was promised

Edit: and waiting 3.5 years? sorry, beware her. It should not have taken her THAT long. Who knows how many others she is purposely delaying the commission on until she thinks it is ok to do a lazy job just because her prices changed

[dasakiv.livejournal.com]

They're actually forcing refunds on everyone because they don't feel up to commissions anymore, the only reason i even got mine was because they couldn't refund a physical item.

[whoop-zi.livejournal.com]

agreeing with the above, i think a full beware is well warranted here because that is unacceptable.

[dasakiv.livejournal.com]

I think I'll give them one more chance to make things right before I post the beware.. Should I let them know I intend to make a beware and how would I do so in a way that doesn't come off as threatening?

[kaliedosock.livejournal.com]

I think you have been more than patient. You don't have to give them another chance to walk over you. I would definitely just post a beware, and they can deal with the consequences.

[dasakiv.livejournal.com]

I suppose working in customer service has tempered me a bit, I can take a LOT before actually making a full post. Usually cutting all contact or fully blocking me is where the line is drawn.

[dinogrrl.livejournal.com]

What the other commenters said. Not receiving what you agreed to and payed for, especially after this long (which is also ridiculous), is absolutely out of line. There is no business where that is acceptable or legal.

[dasakiv.livejournal.com]

I think I'll give them one more chance to make things right before I post the beware.. Should I let them know I intend to make a beware and how would I do so in a way that doesn't come off as threatening?

[dinogrrl.livejournal.com]

You're being very gracious in even allowing them a chance to make it right. As far as telling them about posting here, I'm leaning towards 'no', but that's your choice. If the artist happens to come across this post, and they get upset that they're posted here...that's all on them.

[dasakiv.livejournal.com]

I did mention that I was considering, and they had already seen this post by the time I had noted them, so pretty moot in the end. ._.

[dinogrrl.livejournal.com]

I think it'd still be worth posting a beware, so other people will know what they might be getting into with this artist.

[dasakiv.livejournal.com]

as long as they follow through with their our agreement to resolve this, I have no intention of posting a full beware, as they have already closed commissions semi-perminantly.

[tylociraptor.livejournal.com]

The only situation in which it is appropriate to change an agreed upon commission is when it has been discussed with and agreed to by the client.

If the artist does not wish to comply, they should be presented with the option to refund you. Since you say that it was paid for with a physical item, it would be reasonable to ask for the cost of the item in return.

Absolutely worth a full beware.

[dasakiv.livejournal.com]

If they had spoken to me at all about changing it, I might have been more agreeable. But the last contact we had they still held it as two characters, and was happy to receive updated references.

[royalgryffe.livejournal.com]

Yeah, it's completely unacceptable for an artist to agree to complete a certain thing for you, and then later decide to change it on their own. Would love to see a warning on this artist.

[dasakiv.livejournal.com]

I think I'll give them one more chance to make things right before I post the beware.. Should I let them know I intend to make a beware and how would I do so in a way that doesn't come off as threatening?

[yuki-fox-demon.livejournal.com]

I would explain to her that while you understand her skill may have improved enough by this time to raise her prices, the contract between the two of you for your commission was made before this occurred, and you are due what you paid for. I would then give her two options: finish the commission as agreed upon or refund you the cost of the physical item you paid with. Inform her that if she cannot reach an agreement with you, and cannot do so in a timely manner, you will be forced to post a beware to warn others of her behavior. Keep it professional and polite, but be firm. You have been more than patient in giving her 3.5 years to do this.

Also, if you do pursue a refund of the cost of the item, I would suggest you figure out how much it was worth at the time. Not only would it not be right (in my opinion) to try and get the cost of the item now if it's increased in value (and selling yourself short if it's decreased), but that's one less thing she can try and use to weasel her way out of the deal.

[laughsatthunder.livejournal.com]

If you're going to let them know, be rather gentle yet firm with it, avoid coming off as passive or aggressive. You do not NEED to tell them.

[chaossal.livejournal.com]

Beware worthy? Yes, very much so! How awful!
After waiting 3 1/2 years for something you should have gotten exactly what you paid for AND a partial refund for such bad service!

[dasakiv.livejournal.com]

They have agreed to a refund in the form of sending the item back, and letting me keep claim to the incorrect picture.

[silia-hollow.livejournal.com]

i know exactly who you are talking about. I opened a trade with them when they approached me for art last year. I finished my end quickly and they promised same month completion. A year later, i have yet to see a sketch. They are giving me a refund, apparently, but I do not know when that will be since they evaded/ignored all my messages. My shouts were deleted off their page when I commented how disappointed I was for waiting a year for a single sketch.

[dasakiv.livejournal.com]

They really aren't a bad person aside from their business habits, I see them annually at the local con and have a bit of chat. But that's getting off topic.. Anyway, we came to an agreement that they would send the items back and we would put it to rest.

[silia-hollow.livejournal.com]

i know exactly who you are talking about. I opened a trade with them when they approached me for art last year. I finished my end quickly and they promised same month completion. A year later, i have yet to see a sketch. They are giving me a refund, apparently, but I do not know when that will be since they evaded/ignored all my messages. My shouts were deleted off their page when I commented how disappointed I was for waiting a year for a single sketch.