Repeat offender - RESOLVED

[rosek.livejournal.com]

FINAL UPDATE - RESOLVED:

Hey everyone! Toonikun finally got in contact with me regarding the situation.
For the full details you can check out my dA journal update (To save a long winded repost).

To sum it up. Toonikun has sincerely apologized for the way he has conducted things and hopes to come to a resolution with everyone who has not received their commissions or items.

The best way to contact him is by email. He has told me that he rarely logs into lj or dA.
If you are one of his burnt buyers, this is his email: joesalvation@hotmail.com

I would also like to clear up the artbook.
Toonikun has assured me when he sold me the artbook that it was in stock.
He also understands how I came to the conclusion that I did regarding him selling a non-existent item.

Thank you everyone for your help. I'm really relieved that this matter can be resolved.
I can only hope now that Toonikun keeps his word and resolves things with his other burnt buyers.

But now, if he hasn't posted the book yet (and given me proof of shipment) I'll be waiting for him to send me a refund.



UPDATE: Thanks everyone for your advice regarding this matter.
There is still no word from Toonikun regarding these matters.
I have gotten in contact with one of their friends and passed on a message regarding the unhappy commissioners and advised him to get in contact with everyone. Whether he chooses to do so, it's up to him.

I have also received a reply from dA. Because money was handled not by dA itself - but by an outside party (paypal) they cannot intervene because it would be hard to get evidence. (I don't think they will accept screen captures of paypal receipts and corresponding notes on dA between the parties).
So in a nutshell. There's nothing on dA user policy about this type of behavior. It's up to the parties to resolve it between themselves.

Regarding PayPal, because my own matter (and many of the commissioners) have exceeded the 45 day limit, they cannot take action - HOWEVER they said they have lodged a complaint note on that sellers transaction and if they receive multiple complaints they can open the dispute within 180 calender days. So, hopefully if all the other burnt commissioners lodge a complaint to paypal - they might have a chance of either recovering money - or getting that seller burnt in return.

I have passed on all this advice to the commissioners that you have given here, and they are really thankful, as am I. Fingers crossed Toonikun pulls his act together and aims to resolve it. @___@ );

---

It was my hope not to have to post here :/ But after finding others who have been burned by this Artist....I thought it might be best to approach you guys for some advice :/

The artist in question is Toonikun on Deviant Art.
While so many of us respect them and their artwork...They seem to have a reputation for quickly taking money and failing to deliver it seems.


My case in general is ordering their artbook. Initially I received a quick response for details where to send their paypal payment. But, fast forward over two months later, no art book has been received or shipped. And the one scarce response I received from them (which took over a month to get!) gave me an empty promise that it would be sent in two weeks :/ Fast forward over a month. Nothing.

Other people it seems have been burned by them regarding commissions.
Having paid upfront, some waiting for more than a year or two have heard very little if not nothing in response.
And when they asked for a refund - silence.

What advice would you give on this matter? I checked dA's TOS and couldn't find anything relatable.
PayPal's protection policy on purchases is only for 45 days :/ So what can we customers do about this matter?

Comments

[poprock-grey.livejournal.com]

Try messaging paypal. They might be able to help.

[rosek.livejournal.com]

Thanks. I've sent them a message about it, hopefully they can help C:

[millilicious.livejournal.com]

I had this same issue with a large group selling doujinshis. I ended up having to go straight through their website and contacting them there. They never got back to me, but they at least shipped the product (months late).

Does he have a website you can go to by any chance? Good luck, man!

[rosek.livejournal.com]

Sadly no. They only have their deviantart and an LJ.
The LJ hasn't been updated in a while :/ And I don't want to contact them there about it, as thats not a good look for anyone.

I found their formspring though.

I wish they would have been honest with me instead of lying. It seems they took payment for an item that was no longer there. Then lied saying they'll ship it. UGH.

[millilicious.livejournal.com]

That's really...not good at all @__@;; Ahhh he should have told you he was out of stock for sure. Are you at least on a list about it? The artbook, I mean.

[rosek.livejournal.com]

Well, they said I was...But this list isn't posted anywhere...So I don't know whether to take their word for it or not :/

[insane-kangaroo.livejournal.com]

Check with your financial institution in performing a chargeback if paypal doesn't help. Chargebacks can be made up to a year.

[rosek.livejournal.com]

Aah...The payment was made with balance already in my PalPal account, so no bank was involved. :C
Good idea though, I'll have to keep it in mind incase something like this happens again in future (Goodness I hope not though). Thanks.

[patrickat.livejournal.com]

A word of caution on that: If you make a chargeback against Paypal and have not followed Paypal's own dispute procedures to the letter, Paypal is very likely to close YOUR account and come back after you for the funds, especially if they are unable to recover any funds from the seller. It's all in their ToS. They're not about to take the loss if they can help it.

[rosek.livejournal.com]

Aah~ Thanks so much for mentioning that. I'll make a note of that on my dA journal to the commissioners. <3

[raeraesama.livejournal.com]

Oh wow. :| Thanks for the warning! I had been considering commissioning her when I had money, but not now.

[rosek.livejournal.com]

It's sad isn't it? TT3TT I would love one myself...But reading other peoples horror stories with them...I probably wont.
I sent dA a question regarding what their policies are on a situation like this.
I don't want to call it scamming, but they've been taking money for years and not delivering commissions to people.

[uozlulu.livejournal.com]

I'm not sure DA has rules about members business outside of the print system. At least I can't recall a time where someone was banned for scamming or bad business practices.

I hope you find a solution however.

[ariesnamarie.livejournal.com]

I also ordered that artbook and never received it! I ordered it 5 months ago by now, and have sent him several notes on da. He finally responded about 2 months ago saying he would send another one, but I still never received it. Thanks for the heads up, I thought I was the only one

[rosek.livejournal.com]

Damn...See when I first ordered it he said he would ship it within two weeks. 6 weeks later nothing came so I noted him. It was a month after that he responded and said he would ship it in two weeks...ugh. And so far over a month ago, STILL no response or book. It honestly looks like he's lying. His formspring said the book was out of stock two months ago...

Another artist on dA is collecting statements from people who have also been scammed by this artist...Would you like to be part of the list? My hope is to post it to this community as a list of victims/proof of how far back his bad ethics have gone.

If he decides to start fixing things, we can cross people off the list as "resolved" to keep track of this situation.

[ariesnamarie.livejournal.com]

I would love to be part of the list. I really just want to get it resolved, so I think I'll also email him and see if I can really finally get the book (I'd rather have the book than a refund after all)

Toonikun

[pkzilla.livejournal.com]

I know this is super...super old but myself and another artist are having trouble with Toonikun still, matters going way waaaay back too. I was wondering if you'd any more information on what we can do, he doesn't respond to the amil adress either DX