WHAT: Digital artwork, fully shaded.
Transaction was done in a single part, I traded $130 worth of Manga, all of it discontinued and rare TokyoPop manga for the commission.
WHEN: Initial Comission agreement/Payment Early May 2015 with repeatededly ignored/late replied ETA requests from June 1 2015 to 5th of January 2016
April 30th 2015: The initial commission agreement was set
May 3rd 2015: Payment was delivered in full to Nayel-IE in person
June 1st 2015: I asked for an update and received no reply
June 15th 2015: I followed up to this update request, no reply
July 8th 2015: I followed up AGAIN and finally received a reply stating “Oh wow I didn’t get your earlier messages (she had “seen” them) I was given an ETA of “hopefully the next month” after an explanation she’s working through a 1.5 year backlog and just getting back into artwork after a hiatus.
November 24th 2015: I asked for an update, No reply
January 5th 2016: Asked for an update, No reply
January 8th 2016: I asked for an update and stated if no communication was made and received the same story a year backlog and “just getting back into art.” She also explained away the issue as “This isn’t a true commission because you didn’t pay me money.” I’ve been told from artists friends this is still a commission. It is a commission because she’s received payment from me, simple. I think it’s telling of an unprofessional attitude when she dismisses me because of this.
It is now February 8th, 2016, exactly a month after the last conversation and I have yet to receive even a simply sketch. All the while Nayel-IE has been posting personal art projects, cosplay, and talking about how she’s going to conventions to party it up.
Original Contract: http://imgur.com/a/Gk96M
First ETA Request: http://imgur.com/a/GhnJs
Final ETA Request: http://imgur.com/a/6rVJj
Various proof of artwork and other projects being done: http://imgur.com/a/5KO0r
The biggest fault on my side is not getting a signed contract done up when the bartering exchange occurred, however the conversation over Facebook messenger qualifies as a contract in the area I reside in. For everything else I’ve outlined in the proof section.
Exacerbating all of this is the fact that this exchange occurred as I was in the middle of a move. I moved from the central-east coast to the west coast of North America. So a refund is virtually impossible as it would require Nayel-IE to ship product back across the country and I am doubtful she would give me the monetary value.
All in all it feels like I’ve been taken advantage of because I’m now halfway across the country.
As it stands right now, all I really care about is getting the artwork as I planned on using it in promotional material and etc for my brand. I’ve given her almost a year to give me something, I’ve been very patient and understanding but sadly she’s given me nothing in return for this, so I am now posting to this site on the advice of some of my other artist friends who are aware of the situation as it is my last resort (outside of legal actions).
So I was alerted to the fact that Nayel-IE is now accepting comissions again and decided to message her again. This time giving her the option to do the work, refund me, or to see me in small claims court (whenever I'd be able to make the trip back to the east..). She replied dismissively stating she wasn't accepting comissions but comission forms... whatever that means, and requesting refs again. Not sure if she lost them or what. During our conversation it seems she found this artists beware page and has subsequently blocked me from our original means of communication, directing me to email only now. I have emailed her the refs as she directed, however have not received a reply as to if she's received them or any further updates.
This conversation can be found in the screenshots here: http://imgur.com/a/JbCuy