http://marblestheskunk.livejournal.com/ ([identity profile] marblestheskunk.livejournal.com) wrote in [community profile] artists_beware2012-01-08 08:21 pm
Entry tags:

DO NOT commission Timitei on FA [udated]

This is an update of this:

http://artists-beware.livejournal.com/517601.html

She came back to FA about two weeks ago, claiming she had NO POSSIBLE way to get internet access for the past 5 months [even though its only been 4 months since her last submission] and she had been giving people shouts and favs that I saw throughout this whole time, so I honestly don't believe it. And even so, she could have found a way to get up with her PAYING customers.

Well, she FINALLY finished it, after I talked to her a few times asking her what was going on.

I basically commented on one of her submissions to get her attention to finish it, it was personal art which she had been posting ONLY personal art in the past two weeks since she came back. So I commented on her newest submission and asked why was she drawing personal art instead of working on commissions. She proceeded to be very rude to me and was coming up with excuses. I told her it was her JOB to do what she was paid for and if she spent all the time that she had been doing personal art[I counted about 6 pieces since shes been back] then she could have gotten it done by now.
The submission we talked on is still there but she has hidden all of our comments and I was not able to get a screencap before so but here it is: http://www.furaffinity.net/view/7178207



Well she posted the submission of my commission a little bit later..

Submission: http://www.furaffinity.net/view/7178585/
Screenshot in case she deletes it or changes the tags: http://oi43.tinypic.com/2czyrlu.jpg

She even wrote in the TAGS of the submission that it was rushed [in a very rude way]
I pretty much don't even want to use it now, she has left a HORRIBLE taste in my mouth and it makes me extremely weary to ever commission anyone I don't know again.

This artist is extremely unprofessional and I would NOT recommend commissioning them.

[identity profile] timitei.livejournal.com 2012-01-09 08:43 am (UTC)(link)
I know. I'm not saying that at all.
I'm just saying that she had been made aware that I was starting new. Yes, she had already been waiting a long time. The fact that she continued to state how long it was taking after I had already started from scratch again after only a week or two is the issue I'm pointing out here.

[identity profile] shukivengeance.livejournal.com 2012-01-09 08:47 am (UTC)(link)
It doesn't matter, the point is still valid. The customer's wait time begins once the transaction has been initiated.
ocelotish: A girl with an ocelot on her shoulders (Default)

[personal profile] ocelotish 2012-01-09 09:28 am (UTC)(link)
I think there's a validity to both sides. Five months is quite a long time, and I completely understand the frustration there, but if the OP did readily agree to an entirely new sheet 2 weeks ago, then the commenting on the submissions seems a little bit more out of line. (They knew what was happening and that there might not be anything to show yet.) Of course it's up to the artist to prove this.

[identity profile] spiffystuff.livejournal.com 2012-01-09 08:12 pm (UTC)(link)
What choice did OP have but to "agree" to wait? They've said Timitei refuses to give refunds, and it was well past paypal dispute window (though OP shoulda disputed when they vanished a month in IMHO).
I don't blame the OP for being a little pushy after waiting 6 months, then it looking like their commission is still bottom priority.

[identity profile] shukivengeance.livejournal.com 2012-01-09 08:24 pm (UTC)(link)
Took the words right out of my mouth. The above post in particular makes it clear that there was no way the OP could've had a say in it anyway.

"when I got a new computer and told you what had happened and apologized and informed you I'd be working on a brand-new one, from scratch"

There's a huge difference between a customer agreeing to a do-over in a project because imo that basically 'resets' the deadline. Whereas it was a case of "I'm starting over" on the artist's part.. with no proof that they'd even begun the image in the 5 months prior anyway.
ocelotish: A girl with an ocelot on her shoulders (Default)

[personal profile] ocelotish 2012-01-09 09:10 pm (UTC)(link)
Hence the word "if." If the customer agreed to it, then yes, it does change things. I highly doubt the artist has proof of that customer did, but we go by proof here, not just assumptions.

OP shoulda disputed when they vanished a month in IMHO

The artist is a minor. Iirc, that means that any money given is legally considered a gift.

[identity profile] spiffystuff.livejournal.com 2012-01-09 09:17 pm (UTC)(link)
The artist is a minor. Iirc, that means that any money given is legally considered a gift.

Is that in Paypal's TOS?
ocelotish: A girl with an ocelot on her shoulders (Default)

[personal profile] ocelotish 2012-01-09 09:26 pm (UTC)(link)
Nope, general contracts with minors, but I guess it varies with jurisdiction.

[identity profile] spiffystuff.livejournal.com 2012-01-09 09:36 pm (UTC)(link)
'Cus I'm having trouble finding anything on the paypal site about it, but there are some posts online where folks claim they lost disputes solely because they are a minor.
So I don't think just because a minor used Paypal against TOS (I'm pretty sure paypal wants everyone over 18) that means someone will automatically lose disputes.
ocelotish: Katara looking angry with the text "Bloodbender" (Katara - Bloodbender)

[personal profile] ocelotish 2012-01-09 09:40 pm (UTC)(link)
I just said that it wasn't in paypal's TOS. It's just under the general laws of making contracts with minors.

[identity profile] taasla.livejournal.com 2012-01-09 10:25 pm (UTC)(link)
I took one of those generic law classes in college, and the adults responsible for the minor are responsible for the contract. So if an artist that is a minor doesn't produce the art? Go after the parents. Of course all of that is moot since most folks in the furry community don't have the resources to sue anyhow.

[identity profile] shukivengeance.livejournal.com 2012-01-09 09:20 pm (UTC)(link)
What exactly is the significance of "agreeing" to something that you have no say in? It is pretty clear that the client had no choice or say either way, and there isn't any evidence that the piece was even started for it to be "redone".
ocelotish: Katara looking angry with the text "Bloodbender" (Katara - Bloodbender)

[personal profile] ocelotish 2012-01-09 09:29 pm (UTC)(link)
What exactly is the significance of "agreeing" to something that you have no say in?

Well it means that the customer may have supported the decision. Besides, aside from one word we don't know how much say they had.

It is pretty clear that the client had no choice or say either way

Let one of them show proof! That's all it takes to know for sure and it's the only thing I'm suggesting. Is that really worth arguing with me over?

[identity profile] keaalu.livejournal.com 2012-01-09 09:40 pm (UTC)(link)
If their only discussion was on the image the OP linked above, I think the artist has hidden any proof that might have existed. The previous post the OP made seems to imply Timitei didn't respond to notes requesting a refund.

Can people "unhide" comments on their own page FA, or is that something only admins can do?

Edit: Ugh, typos
Edited 2012-01-09 21:41 (UTC)
ocelotish: A girl with an ocelot on her shoulders (Default)

[personal profile] ocelotish 2012-01-09 09:44 pm (UTC)(link)
Yes, but it sounds like this took place about two weeks ago, not on the image in question.

[identity profile] shukivengeance.livejournal.com 2012-01-09 10:36 pm (UTC)(link)
I'm not arguing with you over the issue of proof, I just find it ridiculous that you seem to think it's unreasonable for a client to get impatient after waiting for over 5 months, with little to no contact for the entire time and no evidence that their art was even started.
ocelotish: Katara looking angry with the text "Bloodbender" (Katara - Bloodbender)

[personal profile] ocelotish 2012-01-09 11:02 pm (UTC)(link)
Don't put words in my mouth!

What I said was: "Five months is quite a long time, and I completely understand the frustration there, but if the OP did readily agree to an entirely new sheet 2 weeks ago, then the commenting on the submissions seems a little bit more out of line."

That in no way even suggests that five months is an acceptable waiting time!