beware Beware: Boxjelly1

https://artists-beware.livejournal.com/865680.html

WHO: Boxjelly1 (goes by real name also but for sake of having this posted, omitting)

WHERE: http://boxjelly1.deviantart.com/

WHAT: Two full color, 2 character pieces with background.

WHEN: March/April 2015

PROOF: Artist did not do correct characters, agreed to refund me, and ceased communications/has not yet refunded me.

EXPLAIN: This is my first really bad experience commissioning someone, and first AB post, and most of the details will be here. I have worked with this artist in the past and their works are absolutely amazing. In the prior works I've gotten from them, they met or exceeded what I was looking to get. However, for whatever reason this time, the artist drew not what I wanted, decided to complete the piece after they had specifically asked if I wanted to see a sketch before they colored, and admits they didn't draw what I wanted, but due to their time and effort spent, were still entitled to something. This post is more about principal than a refund because I've nearly exhausted every avenue to get my money back, and I will not silently stand by while someone does this.

In March 2015, artist had they were open for commissions on their page.

I sent them a PM through DA's notes a while prior, and they messaged me saying they were open.

I respond back stating I wanted my character Patches and Steele (from Balto) in some rather cute, mushy gushy poses. I've worked with the artist prior over the years and she has drawn the characters before. Artist states she has 2 commissions ahead of me and will let me know once she's ready to take on mine.

In April, artist lets me know she's ready to start.

Details are given, artist agrees, and artist asks if I want to see work in progress before she colors.

I state I want to see work before she colors, and specify image formats preferred (as this artist has done prior for me), and she agrees.

Between last message sent and this one (about a month and a half), artist has many delays for whatever reason. I had sent messages asking what her status was since I had already paid her, and finally on May 29 2015 she's ready to start.

------This is where things go downhill-------

I still haven't received any updates so message the artist on June 3rd, and artist replies on June 4th with links to sketches and that she'll start coloring them right away even though this is not what was agreed on. Upon seeing sketches, I see that she has drawn my character Patches with Scar, and I tell her this. (I do like Scar and this artist has drawn them in the past, but I was not looking for that with these commissions). She states I didn't specify Steele, and asks to keep with what's she's done so she doesn't have to redraw.

I state that I don't want that and want them how I described. Artist replies back that she completed coloring 1 of the pieces, is sorry that she did the incorrect character and admit to doing so, and offers a partial refund stating that even though it was her fault, she still is entitled to funds for her work done. (This completely blew my mind)
It is worth noting that the piece she completed is so obviously hastily completed that I laughed at how horrible it was. Artist used a picture off the Internet for the background, and the coloring is rushed and absolutely horrid. Compared to her other works she's completed of the same type, it's clear that she spent no time at all trying to complete this.

With the above in mind, I message the artist back, stating my absolute disappointment with their work, and ask them what would have happened had I not stopped them from completing both pieces, again, only supposed to have been done once sketches were approved?

Seller states they will give me a refund, and this is the last time I ever hear from them.

I ask 2 times where my refund is, artist reads DA notes, ignores/never responds.

I send an ultimatum to artist; it is read and ignored (see above to see that note was read on DA).

Dispute is opened with Paypal and ultimately denied due to being "digital goods" which aren't covered prior to 7/1/2015. It's worth noting when their new TOS went into effect on 7/1/2015, they would have been covered. They note I can attempt to get funds outside of Paypal, such as filing a police report.

In the Paypal dispute comments, the seller is adamant they are still entitled to funds, and mention commission TOS that do not exist on their page (at least to where I can find them). TOS were also never mentioned in our communications.



So with that being said, I've walked away from this feeling like I've been stolen from, and lied to. The artist has done nothing to communicate back to me or refund me, yet ultimately insists that because she did work (even though by her own account was wrong), she deserves to keep my money. And the sad thing of the matter is she's an amazing artist and this was probably some sort of fluke, but being a repeat customer of hers, I feel like I'm somehow been made the bad guy in her mind.

Am I crazy? Did I do something wrong here? 😕