Need Some Advice / Lost Contact

[mel-the-hybrid.livejournal.com]

I need some advice from fellow artists/commissioners. Wchu273k, the winner of one of my very first Furbuy auctions has stopped replying to my e-mails. He won the bid for a character sheet for $100, but the reserved price wasn't met.

Auction can be found here:
http://www.furbuy.com/auctions/1022837.html


Anyway, I told him that the reserve price wasn't met, and was going to re-list the auction, unless he wanted to pay more for it, which he willing agreed to do so. He gave me $200 on May 3rd, 2011, and I asked him for all of his character information. He said he'd get it into me ASAP. So, I waited, while working on my other commissions, which I finished so I could make free time to do his without any distractions.

A week or two rolls by, nothing. I poked him a few times via e-mail on May 17, letting him know I was still here, and needed the information. He said he'd get the information to me by the following week.

...A month has rolled by, nothing. I poked him again, letting him know that I'm still here, but no response for days. x_x; I'm not sure what to do at this point if I should just refund his money or keep waiting..? I'd imagine hiring someone for $200 for their services, they'd be a little more vocal via communication.

Update: Posting the conversation just incase.


Goodness Livejournal is silly sometimes for uploading images. -_-


UPDATE!
He JUST responded to me about an hour ago, with the information. Something about a new house. He gave me the information needed for his commission, so I'm considering this resolved.

Comments

[foxhack.livejournal.com]

That username screams "prankster" to me. It's just so damn random.

I did a quick Google search and that username shows up on a now blank DeviantArt page - no posts, no faves, no nothing.

Does Furbuy have any sort of way to get a buyer's information, like the email they used to register?

[foxhack.livejournal.com]

Since I can't delete the post due to the rules, I wanted to say that I just realized the guy paid you money so being a prankster is out of the question. Sorry. :p

[mel-the-hybrid.livejournal.com]

No prob. lol

[neive.livejournal.com]

Since it sounds like he's already paid you, I'd just hold onto it personally and wait a little longer.

If you use a ToS, you might want to change it to reflect something similar to this to prevent future situations like this -

"If you are unresponsive to attempts at communication for a month or more without any warning, the commission will be considered canceled. Full or partial refunds are left to the artist’s discretion pending eventual contact from you within 15 days after cancellation. After 45 days of no contact (30 days for cancellation, 15 for potential refund), the money is forfeit and no refunds will be considered."

For mine, the artist's discretion part goes into later saying if I miss a deadline they're entitled to a partial refund that continues to go up the longer time passes etc. And if work has been started its a refund minus the work already completed blah blah~ But this helps keep it so you're not basically acting like a bank for somebody for 2 years and then they'll come along at random later. :/

[foxhack.livejournal.com]

"If you are unresponsive to attempts at communication for a month or more without any warning, the commission will be considered canceled. Full or partial refunds are left to the artist’s discretion pending eventual contact from you within 15 days after cancellation. After 45 days of no contact (30 days for cancellation, 15 for potential refund), the money is forfeit and no refunds will be considered."

Just a note, if she receives money via PayPal, this is -not- a good thing to do. PayPal allows people to file claims for unreceived merchandise (or in her case, artwork) for way longer than 45 days. So even if she considers the money 'forfeit', the buyer can still file a chargeback.

[neive.livejournal.com]

Well obviously she couldn't just change her ToS suddenly if its not what he agreed to haha. Thats why I said she should change it to prevent future situations like this. :) So if a future buyer still filed a chargeback (which to my knowledge can't go past 45 days), they would have agreed to the ToS which she could then show records of to Paypal.

[fenrirs-child.livejournal.com]

Pretty much this. I recently had a similar situation, and that was the decision I came to. I'd note/email/whatever sort of contact info you have for them and let them know you're cancelling, and they have 60 days to respond with where you're supposed to send their refund or consider it forfeit. Life happens, but short of jail time or a coma they've got the 30 seconds somewhere in that 2 months to say "Yeah, send it here please." (And I have the feeling you'd make an exception in their favor if it was something as serious as that anyway, I know I would ;3)

[neive.livejournal.com]

Agreed! If it was something extremely heinous like a coma of course I'd make an exception haha. I'd feel incredibly cold if I didn't, since those are situations truly out of their hands compared to just being too lazy or disinterested to respond. XD (However, even then the jail time is iffy as to if its truly out of their hands or not depending on what they did rofl.)

[shukivengeance.livejournal.com]

a ToS doesn't override fraud laws, which keeping money for a product not delivered would be covered under.

[neive.livejournal.com]

For me, I'd still do their commission if they cropped up at a later date. But in that time being it would be cancelled and not on my worry list since they were the ones being unresponsive, and they wouldn't be entitled to a refund when they returned instead of what they originally ordered since I kept up my end of the deal during the process.

[mel-the-hybrid.livejournal.com]

Problem is, I'd DO his commission, only he hasn't given me anything to work with.

[mialattia.livejournal.com]

Yeesh, whatever the issue is, I would just refund his money through Paypal FAST before the 45 day mark passes, just to be safe. Go ahead and send him an explanatory, apologetic e-mail and relist the auction. Invite him to bid again if he wants, but seriously, I would be uncomfortable with holding onto his money if he wasn't getting back to me.

Not to mention it's holding up your business.

[mel-the-hybrid.livejournal.com]

Ah, I should have reacted sooner then. x_X; the Auction ended on April 28th, and it June 28th now. There's also the possibility that he may have been involved in some kind of real life issue, and hasn't gotten back to me. That's what I'm hoping at least is the case.

[epiceternity.livejournal.com]

well as it's been a couple of months and they haven't contacted you or given you the details to do the commission it might be best to refund them (I assume no work has been done?).

I know it's annoying to be down $200 and have to do another auction etc but it's probably better than having it hanging over your head and save any potential problems later on.

You could always send them a message saying if you don't hear anything by xxx date then you'll refund them. It depend on how long you're happy to wait for and how it fits with your timetable, as you say it could just be RL issues in the way ^^

[mel-the-hybrid.livejournal.com]

That's what I figure, too. I mean, who gives an artist a lot of money, then just suddenly disappears? o_O;

[wereguitar.livejournal.com]

I'm in a similar situation with one of my clients who I haven't heard from in agggges. This isn't the same individual as you're dealing with. This guy paid me up front and was very friendly, but just hasn't gotten around to sending me a description of what he wanted...from 2009! XD I see him now and again online but very rarely. I'm happy to see replies to this post, I'm taking good advice away from it too!

(frozen)

[blue-nadir.livejournal.com]

Totally off-topic, and I apologize for that, but how on earth are you getting people to pay $100+ for what seems to be a good but perfectly plain reference sheet?

(Again, I apologize if you are an "in-demand artist". I've not been around the fandom all that much the past 5years, so I am rather out of the loop. I'm asking purely out of morbid curiosity!)

(frozen)

[kayla-la.livejournal.com]

That's really inappropriate. Please ask a question like that in PMs next time.

(frozen)

[blue-nadir.livejournal.com]

My apologies if it seemed rude, but I can certainly not see any reason why a person would have a reserve of over $100 on a good but perfectly plain reference sheet. The price seems excessive for the service rendered, which in my rusty experience of the fandom implies that the artist is "in demand".

If I may rephrase my question then - "What extras are you offering with this commission?". I am always open to new ideas or ways of doing things, so I am sure I am missing something here.

(frozen)

[kayla-la.livejournal.com]

It is just not an appropriate question to ask in artists_beware. Please contact the artist privately about this.