Advice on seeking partial refund

[spicexcake.livejournal.com]

So I'm in a bit of a situation that I'm not sure what to do about and would really appreciate any advice on how to proceed with it. Long story short, I signed up for a subscription base pack that was promised to be updated with new items once a month until next year. Due to personal issues and their commission backlog, the artist has not produced any updates for it in three (going on four) months. I understand that things get hectic and real life likes to kick you when you're down, however I feel as though I'm not getting what I paid for and with the repeated delays I'm a bit concerned that the project may end up dropped completely. A friend suggested I ask for a partial refund (the difference of the subscription price and the starter set) since none of the extras of the subscription have been completed/sent out. I've been considering it but I'm unsure if this would be crossing the line or not, and if I should just remain patient until the updates do get completed whenever that may be.

Edit: It completely slipped my mind to update this, but I noted the artist about two weeks ago asking for the partial refund. They apologized and agreed to refund me, though they said it might take a while to get to me.

Edit 2: I sent a note asking again about a month ago, still no refund. @_@

Comments

[mazz.livejournal.com]

I think you're in your right to ask for the difference back. You paid and got the starter set but if you paid extra for the subscription package and the artist isn't holding up their end of the deal they should refund the subscription difference.

[zackfig.livejournal.com]

odds in the artist saying they dont have the refund because they spent the money?

moral: don't spend the money without completing the stuff.

[spicexcake.livejournal.com]

I know this is a bit old at this point, but I'm considering a full beware (If they allow it) because I still haven't gotten my refund even after sending a reminder. It's just the excuse of not having the money/saving for a convention.

[sableantelope.livejournal.com]

You're 100% obligated to the partial refund. Artist messed up, broke the deal by not provided the promised content each month- their personal reasons don't negate their business obligations. They should have a had a couple months work on stand by incase they had months they couldn't deliver. That's mitigating their risk which is their responsibility in this kind of deal.
The artist blew it, no fault to you. This is about as clear cut as being entitled to a refund could be.