Unsure on how to proceed..

[LorelTheBison]

Hello there!

I'm in a bit of a situation with an artist which, as I found out lately through a friend, already has an Artist Beware.

I've commissioned a custom character design on a Meloki base from them and paid right away, though it's been a month since then and there hasn't been any update from their side. They also never messaged me regarding this unless I reached out first. And my last message was read but stayed unanswered.

Thing is.. they say they have troubles with their computer. But everything they say just sounds like excuses to me, especially after reading the beware - because they keep making fresh new adopts to sell "for bills". And they seemingly don't do refunds as part of their ToS (is that even legal...?). So I don't know what to do now. I really want that design, but I fear that they will rush it if I get too pushy. And after a month of waiting for it - with no public To-Do-List on their side and the sudden information that "there are 6 more people" in line before me, I would rather want my money back than a rushed character design.. They also don't want to set an ETA. And according to them they are currently waiting on approval for 3 wips, which makes me wonder why they don't work on my piece during the wait..

What should I do now? Keep messaging them? Wait? Set an ultimatum? Open a PayPal case? I'm so uncertain.. x-x'

[VosurAekira]

If you feel they have a rather consistent pattern of 'take the money and run' as shown by evidence on here, then I'd recommend you ask for your money back. If they do not provide a refund, you file a dispute/claim. Their TOS does not over-ride Paypal's client protection in any way shape-or-form. 

If they're not willing to give an ETC (Estimated Time of Completion), then I feel you have every right to ask for your refund (or step it up to a dispute/claim if they're unwilling).

If you feel like you need to bring Paypal's dispute/claim system into this though, be ready to provide proof that the artist in question does not show a willingness to work with you and be ready to no longer commission the said-artist. To help guarantee success in this route, do not back down until you either have the art in hand or the money returned. the artist could possibly ask for the dispute to be cancelled, do not cancel it. Step it up to a claim if they are trying to get you to back down.

The maximum I would recommend waiting (to give enough time for communication) would be 5 months from paid-date if you want a timeline to start up a dispute/claim.

[Luna996]

Everything here reads as a violation of srandard trades and sales practices regarding the excjange of am item for money. At no point should a person take your money and refuse to give it back when you wish to cancel. Given they have provided no proof of progress and basically are stating they havent even touched it yet, ask for a refund

 If they toss their ToS in your face, toss the law back into theirs bt opening a claim. At this point the person sounds like they are making you wait out the 180 days to where you cant open a claim any more and they can just take your money and never give you your art. A month already passed, I wouldn't wait any longer than that without a WIP.

[LorelTheBison]

Alright, update!

I got a WIP and the artist is absolutely fine and open with changes I am asking for. So for now it seems like this is resolved, though I'll still be careful until I really have the finished design in my hands. ^^

[BaronVonClop]

That's good to hear! Just be careful that they don't delay you into going over the 180 day mark, as then you lose PayPal protection.