[identity profile] ht-hollie.livejournal.com posting in [community profile] artists_beware

WHO: Alyssa, aka KaiserFlames

WHERE: http://kaiserflames.deviantart.com/

WHAT: As stated in the artist’s email here: http://i45.tinypic.com/302vypf.png



WHEN: I first contacted KaiserFlames on June 8 requesting commission details. We worked out what I wanted and the price on the same day, at the end of which my payment of $94.20 was sent.

A follow-up sent by me on July 25 received the response of: http://i49.tinypic.com/308iru8.png

I requested a second piece to be added to the original order, and sent the details through on July 26, after agreeing on an additional price of $75. I didn’t send payment immediately, as I hadn’t yet seen anything from my first paid-for piece.

Then – http://i49.tinypic.com/2rqhpgi.png

To which I replied - http://i48.tinypic.com/20tny2h.png

There was no response. The eagerness for my money, and then the lack of an answer when I asked for the work I’d already paid for made me start to think there was something wrong going on.

After seeking advice from friends, I requested a refund on September 12. http://i49.tinypic.com/2j0yqz9.png

That was when the trouble started. Suddenly, I was frustrating her by asking for the money I’d paid for the work I hadn’t received. http://i50.tinypic.com/oq8tuf.png

Lots more fun and games followed, including sob stories, attempted guilt trips, and more blame-shifting. The situation is, as of now, unresolved. My last email to her offered reasonable solutions before I open a dispute with the bank: http://i47.tinypic.com/1jlxqs.png

PROOF: http://i45.tinypic.com/302vypf.png

EXPLAIN: I first contacted KaiserFlames on June 8 requesting commission details. We worked out what I wanted and the price on the same day, at the end of which my payment of $94.20 was sent.

A follow-up sent by me on July 25 received the response of: http://i49.tinypic.com/308iru8.png

I requested a second piece to be added to the original order, and sent the details through on July 26, after agreeing on an additional price of $75. I didn’t send payment immediately, as I hadn’t yet seen anything from my first paid-for piece.

Then – http://i49.tinypic.com/2rqhpgi.png

To which I replied - http://i48.tinypic.com/20tny2h.png

There was no response. The eagerness for my money, and then the lack of an answer when I asked for the work I’d already paid for made me start to think there was something wrong going on.

After seeking advice from friends, I requested a refund on September 12. http://i49.tinypic.com/2j0yqz9.png

That was when the trouble started. Suddenly, I was frustrating her by asking for the money I’d paid for the work I hadn’t received. http://i50.tinypic.com/oq8tuf.png

Lots more fun and games followed, including sob stories, attempted guilt trips, and more blame-shifting. The situation is, as of now, unresolved. My last email to her offered reasonable solutions before I open a dispute with the bank: http://i47.tinypic.com/1jlxqs.png



Date: 2012-09-21 03:31 am (UTC)
From: [identity profile] shukivengeance.livejournal.com
Approved, but could you remove the artist's real surname from the post? Also it looks like you copypasted your explanation section twice.

Date: 2012-09-21 08:23 am (UTC)
From: [identity profile] maryseif.livejournal.com
"I will not refund you unless it is within 24 hours of recieving payment" is a pretty terrible policy.

Date: 2012-09-21 10:35 am (UTC)
From: [identity profile] spartanwerewolf.livejournal.com
I'm calling shenanigans on that whole "no refund unless it's within 24 hours". That pretty much gives her liberty to fuck you over whenever she chooses.

Did you pay via Paypal with a credit card, or from your bank account? Because you could issue a chargeback via your credit card company, since you haven't received what you paid for. Otherwise, yeah, definitely escalate to opening a dispute via your bank. They might be able to reverse the transaction for you.

Good luck! I hope you get your money.

Date: 2012-09-21 03:01 pm (UTC)
ext_427914: (Dog goes "Quack")
From: [identity profile] roocodendron.livejournal.com
Seconding this.

Also, am I the only one who glazes over when people like this give half-paragraphs full of reasons why they can't refund their customers? I may be a jerk by saying this, but I really don't care, your mismanagement of your money is not my problem.

And trying to force you to accept something you don't want because "no refund unless it's within 24 hours" is pretty shady.

Date: 2012-09-21 03:26 pm (UTC)
From: [identity profile] vtforpedro.livejournal.com
That no refund unless within 24 hours thing has forced me to use my frumpy face. What a load of BS. I can't help but think of commissions I waited 2+ years for. If one of those artists tried to pull that, I'm not sure what I would have done.

And artists aren't supposed to ask for paypal fees, right? Shouldn't that be included in the price of the commission kinda like... anything you buy anywhere has those "cover" costs included in the price? Or am I totally mistaken?

Either way, I'd definitely open a dispute either with your bank or your credit card company. I loved this artist's art, very disappointed to see her here, but good luck!!

Date: 2012-09-21 03:37 pm (UTC)
From: [identity profile] oceandezignz.livejournal.com
You're not mistaken. Paypal clearly states that you can charge the fee, but you cannot openly do it. This is the difference between something that's "$10.25" and "$10+$.25 for the fee".

Date: 2012-09-21 03:34 pm (UTC)
From: [identity profile] hawaiian rain (from livejournal.com)
Making the customer pay the fee is a big no no. She can get her account shut down as this is against paypals TOS. SHE is required to pay the pay pal fees not the customer.

Date: 2012-09-29 06:31 am (UTC)
From: [identity profile] nakoothetauren.livejournal.com
This!
Why do people still think its ok? I will never understand.

Date: 2012-09-21 10:05 pm (UTC)
From: [identity profile] taasla.livejournal.com
Wow, on top of charging paypal fees, she has a ToS that won't stand up in court.

I get that her situation is stressful (buying a house that needs repairs is stressful), but when a client wants a refund you have to oblige.

Take it up with your bank, OP.

Date: 2012-09-22 05:57 pm (UTC)
From: [identity profile] kerstin-orion.livejournal.com
Very glad you're working things out!

Please keep us posted on whether the art gets completed. I will mark the post as resolved once you receive your art.

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