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  • Beware: Silvix/FauxxArt


    TetraShepherd
    • Who: Silvix/FauxxArt
      Where: https://t.me/SilvixTheKitsune
      https://www.furaffinity.net/user/silvixkitsune/
      https://www.instagram.com/fauxxart/
      https://www.twitch.tv/fauxxart
      https://twitter.com/fauxxart
      When: 06/07/2019
      What: Commission


    I had initially commissioned the artist with high hopes, due to previous commissions being finished within a rate of a couple weeks to a couple of months. When I had commissioned, there were no official terms of service, but as far I was concerned, I would able to refund with no issues if I ran into problems. However, since the terms have updated, the artist claims I am ineligible for a refund despite me waiting a year for my art with no signs of progress. This is how the chat/commission started out.

    1.thumb.jpg.583a12f1bf20e2c7e9fa414bff8c62ae.jpg

    The artist shows examples to me. The character shown in the screenshot is her own. In addition, she has shown me more examples. So far, so good.

     

    2.thumb.jpg.9b0623db642a9814ec5bb3f8167224c0.jpg3.thumb.jpg.90bf4722585df490e42c409e01bdf1fe.jpg4.thumb.jpg.99f073798fbc24034e5c5a7c983fc904.jpg

    Seems very charismatic to begin with! I was very excited about my commission. More about this charisma later.

    5.thumb.jpg.e238538c8adc3fd0e34ccd53b82038d9.jpg6.thumb.jpg.cbe58c4cc9fb0247922d69bb91d66d7c.jpg7.thumb.jpg.a5f9a4d7652368c03cacf827d909c2a4.jpg

    Still maintains charisma, even states she feels bad about the delay. I am a very forgiving person, so I had decided to continue waiting a bit longer. I was not in too big of a hurry for the commission to be completed.

    8.thumb.jpg.6011af7892d7d42dd79fad248071576a.jpg

    Here I notice there wasn't as much of a friendly vibe as I had gotten with the artist before which made me a little concerned, like as if the artist was stressed. In addition, hasn't been as responsive to me.

    9.thumb.jpg.ad7fdb5741e223874e501ac6f037648e.jpg9a.thumb.jpg.d18e5a5ab0cf92e051b683067ccb8d6d.jpg

    I figured it was appropriate to file a dispute at this point because friends have been suggesting it to me. I tried to be understanding, and I waited 24 hours for a response on whether or not the artist was going to follow through with my commission. Read but no response, so I just decided to listen to my friends and file the claim. Unfortunately, PayPal has a strict 180 day rule so I was ineligible for a refund, yet the artist was still notified and blew up on me. I tried to explain as professionally as I could for my actions and why I think my dispute was reasonable.

    a.thumb.jpg.a82ad875b0b94e24179bf698c490cf2a.jpgb.thumb.jpg.a7aa0fb47e4b315fd9f12fc4f99756ad.jpgc.thumb.jpg.424ca1a1e4bce3b38997cf4f752258c4.jpg

    Shown is the queue posted before the Terms of Service, in which I am listed. Also shown is the Terms of Service that were created after I had purchased my commission. In the second screenshot, you can see the update states "It will apply to all future commissions." This makes my commission exempt, in theory. And shown in the third screenshot above are the terms the artist created in terms of refunds. Although it is stated that refunds are not given after payments are made, that if a commission has not been started a refund could be discussed. My commission was never started and yet, my request for one was rejected right away.

    d.thumb.jpg.5bddaba9a65fd3bb956c269af2ac04e8.jpg

    I showed the artist the terms they had created and the artist had decided I will not receive my commission, I will be black listed, and I will not receive a refund. I am not the only one who has been waiting on a commission from this artist, but I have decided that these business practices were sketchy.

    Edited by Celestina
    fixed formatting.



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    The only thing you've really done wrong was waiting past the 180 day deadline. If the artist really thinks they can legally hold onto people's money forever for no reason and hold the commission hostage based on whether they think their customer is mature enough, then... that's extremely optimistic. Doesn't even pertain to you, but I hope the general public will become more aware of the unforceable and unfair TOS clauses.

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    Wow that's pretty terrible behaviour. Calling you a child when you seemed to keep a level head while responding with some pretty valid reasons seems really unprofessional.  

     

    It baffles me that they also believe they are in the right to not only keep your money but not give you the product you paid for. So many of these have made me ultra cautious and I never, ever consider ordering art from an artist with a refund clause like that. That kind of thing just screams warning at me as Celestina posted about it earlier. 

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    I can understand why you wouldn't recieve a refund, especially even when PayPal denied your claim. If there was an issue with anything you had, (design, reference, timing, etc.) then shouldn't the point in question being questioned be: why you agreed and accepted any changes that should have been discussed and addressed before you tried to issue a refund through PayPal?

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    6 hours ago, Koifox said:

    I can understand why you wouldn't recieve a refund, especially even when PayPal denied your claim. If there was an issue with anything you had, (design, reference, timing, etc.) then shouldn't the point in question being questioned be: why you agreed and accepted any changes that should have been discussed and addressed before you tried to issue a refund through PayPal?

    It was denied due to length of time. PayPal has a strict 180 day policy. The client has done nothing wrong here.

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    That's exactly it though, if the client had an issue, don't wait 180 days.

    Don't agree to a term to turn right around and say nevermind. Consistency matters a lot. Unfortunately a lot of artists have to deal with people not knowing what they want, and it drives down the whole working order of trying to make art in this Fandom work.

    I'm all for fairness and equality but we're messing with someone's work, an artist trying to make a living from their art work is just as valid if not more in this case, you cannot argue ONLY the one side.

    Edited by Koifox

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    19 minutes ago, Koifox said:

    That's exactly it though, if the client had an issue, don't wait 180 days.

    Don't agree to a term to turn right around and say nevermind. Consistency matters a lot. Unfortunately a lot of artists have to deal with people not knowing what they want, and it drives down the whole working order of trying to make art in this Fandom work.

    I'm all for fairness and equality but we're messing with someone's work, an artist trying to make a living from their art work is just as valid if not more in this case, you cannot argue ONLY the one side.

    The terms of service was changed after the client commissioned them. The client did not agree to anything. ToS changes should never apply retroactively if it doesn't benefit the client. This is blaming the victim. No one is hurting the artist's workflow except themselves. 

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    1 hour ago, Celestina said:

    The terms of service was changed after the client commissioned them. The client did not agree to anything. ToS changes should never apply retroactively if it doesn't benefit the client. This is blaming the victim. No one is hurting the artist's workflow except themselves. 

    But they agreed to the terms. I have to side with that, weither the terms were changed or not, they agreed to the terms. It seems also that they never talked to the artist before going to get a refund through PayPal, perhaps if you would have talked with them first a whole lot of drama could have been avoided. 

     

    Always talk to your artist, or at least try to work something out. Seems like they went behind the artist back kind of. Not siding with anyone. Both could have and should have learned their lesson here.

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    12 minutes ago, GreenYeen19 said:

    But they agreed to the terms. I have to side with that, weither the terms were changed or not, they agreed to the terms. It seems also that they never talked to the artist before going to get a refund through PayPal, perhaps if you would have talked with them first a whole lot of drama could have been avoided. 

     

    Always talk to your artist, or at least try to work something out. Seems like they went behind the artist back kind of. Not siding with anyone. Both could have and should have learned their lesson here.

    @GreenYeen19 @Koifox

    In case you're not aware we have the ability to see IP addresses, emails, and what devices you've logged in from.  Do not use two accounts to make it seem like more than one person agrees with you.  Your GreenYeen account will be closed.

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    16 minutes ago, GreenYeen19 said:

    But they agreed to the terms. I have to side with that, weither the terms were changed or not, they agreed to the terms. It seems also that they never talked to the artist before going to get a refund through PayPal, perhaps if you would have talked with them first a whole lot of drama could have been avoided. 

     

    Always talk to your artist, or at least try to work something out. Seems like they went behind the artist back kind of. Not siding with anyone. Both could have and should have learned their lesson here.

    Those terms of the artist though are not enforceable nor legal at all that actually a really bad Terms of Service.

    1 minute ago, Celestina said:

    @GreenYeen19 @Koifox

    In case you're not aware we have the ability to see IP addresses, emails, and what devices you've logged in from.  Do not use two accounts to make it seem like more than one person agrees with you.  Your GreenYeen account will be closed.

    .... And wow everything you said here and making an alt really made you lose all credibility here.

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    45 minutes ago, Celestina said:

    @GreenYeen19 @Koifox

    In case you're not aware we have the ability to see IP addresses, emails, and what devices you've logged in from.  Do not use two accounts to make it seem like more than one person agrees with you.  Your GreenYeen account will be closed.

    Lol both accounts were made just for this post, pretty sure this is the artist herself.

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    8 minutes ago, ItzHawk said:

    Lol both accounts were made just for this post, pretty sure this is the artist herself.

    Then she really just shot herself in the foot making this beware even more valid.

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    41 minutes ago, ItzHawk said:

    Lol both accounts were made just for this post, pretty sure this is the artist herself.

    In the interest of being fair there's not enough evidence to level that kind of accusation.  Given how bizarre it was to have someone arguing for the artist in what is, honestly, a very cut and dry beware, I asked the OP what the legal name on the Paypal was.  All the digging I've done doesn't positively ID them as the artist.  It could be a friend, follower, ect.  

    However, both accounts were made within a few minutes of each other, and the first one was validated near instantly.  So, this wasn't a situation where someone made an account and it got hung up in validation so they made a second.

    Edit:  I also want to be clear that users are welcome to criticize the OP of posts.  In some cases they would be valid.  However, these comments caught my attention from just how out of the ordinary they were in addition to how new the accounts were.

    Edit2:  After more digging, I've found the artist on Facebook and located someone with the same name as GreenYeen's email.  So it's a family member of the artist.  At least, it's their email that was used.

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    6 hours ago, Celestina said:

    In the interest of being fair there's not enough evidence to level that kind of accusation.  Given how bizarre it was to have someone arguing for the artist in what is, honestly, a very cut and dry beware, I asked the OP what the legal name on the Paypal was.  All the digging I've done doesn't positively ID them as the artist.  It could be a friend, follower, ect.  

    However, both accounts were made within a few minutes of each other, and the first one was validated near instantly.  So, this wasn't a situation where someone made an account and it got hung up in validation so they made a second.

    Edit:  I also want to be clear that users are welcome to criticize the OP of posts.  In some cases they would be valid.  However, these comments caught my attention from just how out of the ordinary they were in addition to how new the accounts were.

    Edit2:  After more digging, I've found the artist on Facebook and located someone with the same name as GreenYeen's email.  So it's a family member of the artist.  At least, it's their email that was used.

    They're really not doing her any favors but only making things worse.

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    14 hours ago, GreenYeen19 said:

    But they agreed to the terms. I have to side with that, weither the terms were changed or not, they agreed to the terms. It seems also that they never talked to the artist before going to get a refund through PayPal, perhaps if you would have talked with them first a whole lot of drama could have been avoided. 

     

    Always talk to your artist, or at least try to work something out. Seems like they went behind the artist back kind of. Not siding with anyone. Both could have and should have learned their lesson here.

    That's really scuzzy making a false account to try and make it like multiple arguing the same point.

    Fact of the matter you agree to the post TOS when commissioning an artist, if they don't have  TOS then you didn't agree to anything they could demand later.  I feel for OP, I've learned to not let new people I commission extend past the 180 day charge back limit.  I'd argue if there's not much or any progress after 120 days the money has changed hands start bringing it back up often.  Always allow yourself some time window in case the artist does start producing results when they know you're serious.

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    The artists attitude is so sad, they have such lovely art. @Koifox Op never agreed to these terms and even if they had it wouldn't really hold up. I want to be clear Koifox, this isn't something the artist can't come back from but they need to handle it properly, I believe they can they just need to make things right. I'd understand having a clause that says you can only be refunded fully if they haven't started and then it's partial refunds if some work has been completed but even still with such a wait I'm not even sure if that should apply. Also a family member(?) coming in here to try and say that they were right looks even worse on the artist. Best thing the artist could do now would be to apologize for their actions, refund and take this as a learning experience.

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