Should I file for a partial chargeback?

[Moogle]

I had originally asked on another site, but I will start from the beginning.

" artist has been ignoring my messages, especially one about delivering the full res version they promised. [I should mention this was 3-4 days ago.] I know they've been active. I also inquired [yesterday] about if any edits would cost money, because they got my girls hair wrong, and it's distressing me. I know they read the message maybe;; 30 minutes to an hour ago, still no response. No reply, no info, no full res, nothing.
"

and then, As a reply to someone-

" is a bit more tricky. I'll;; try and explain it as best as I can !
So they messaged me on DA with the link to the commission in their gallery- I was away from home, on mobile, doing recovery. I thought everything looked fine, and thanked them for the commission. [The message also included, to give my email so they could send the full resolution.] I mean, i've only ever had one artist send full resolution via email, so alright! I responded Thanking them, looks good, and with my email. It's been 3-4 days since that message; I still haven't received any response or the Full resolution. Yesterday, about afternoon-ish, I returned home, finished unpacking, and was able to see it more clearer. Annnd then I realized they got her hair wrong;; I should never have told them it looked okay when I,, couldn't really see. I know I have bad eyesight, and I was trying to recover, but I should've just,, asked them to wait until i returned home to reply;;; [But at that point, they had already uploaded it, as thats how I was shown it. ] So i shoot them another message asking about edits, i'm sorry I didn't notice it sooner, would they like me to pay for the edits, etc. In this message, I also asked about the full resolution again. I noticed about 30 min. - to an hour ago they read it; though it could have been even later, as I was in competitive. I know that's not much time but.. it's been 3-4 days since my original message, I know they've been active, they have the file, and I just.. I'm concerned? They didn't respond from all that time ago, so i'm not exactly sure why they'd respond now.. besides the edits to actually make it,, my character, i'm not even sure if they'll send the full resolution at all anymore? Especially with the 0 lack of communication;; "

It has been past 6+ days, since I asked this on that other site, with still no reply from the artist. I have not received The full resolution that was promised, and I know they have read my message now. They are blatantly ignoring me; and I have not received the full resolution file that I was promised.

 

some points to clarify:
1. they finished the commission

2. said commission is uploaded in their gallery. [this was how i was shown it was done.

3. I did give the ok-go before I was able to clearly see the mistake. [this is purely my fault; thats not what im upset about; I know this ones' on me.]

4. They promised the full-res if I gave them my email. I gave them my email. Nothing. waited 2-3 days. booped them again. They read it. Still no reply.

5. Along with the boop, I asked about how much edits would cost. Still no reply.

 

in short: 1. I was not given the file I was promised.   2. Their lack of communication; ignoring.  3. I'm suspicious they drew her wrong on purpose, for the "aesthetic", but I cannot prove this, just a hunch with everything else.

 

 

 

So- should I file for a partial charge back? because as far as i'm concerned, I was promised something I never received, and am being ignored for even asking,,, for something I was promised?

 

 

 

 

 

 

1. I'm sorry if theres any mistakes- ive never really done this before? 2. - i've been commissioning the same artists for years- the same artists. So I really don't have much experience with all this, in all honesty- I finally decided to commission new artists and 1 already scammed me, and this other one has me so stressed and frustrated...

Edited January 19, 2019 by Moogle

[Eden]

I would avoid a chargeback for the time being, and instead issue an ultimatum.  If they fail to deliver the full res by a specified time, then you will have to file a dispute via Paypal.  Also just to be sure, did you check your spam folders?  The amount you should dispute for is honestly up for debate.

 

As for the hair color:  It's good business to correct it, but given that you approved it the artist may decline depending on their ToS.  What does their ToS say about edits?  If it were me, I'd happily fix something like this for a client, but not everyone's coloring styles allow for easy editing.

[Moogle]

I have checked my spam folders a lot, and carefully, too! So I know it didn't just go there!

I'm..Not really sure how to issue an ultimatum, or what the ultimatum should be,,, is it like "Hello! I have messaged you twice before now, concerning x and x, on x and x dates. I noticed you have read but have not replied, and I still have not received my promised file, even as it remains uploaded in your gallery ! If I don't receive the full Resolution, that you promised, by x date, I will have to issue a x chargeback [or something]."? Something like that?

 

aaa it actually wasn't her hair color they;; missed a whole portion of her hair design ! [edit: and the portion of the hair they missed on her design was..almost impossible to miss?? That's why i'm worried they did it for;; aesthetic;; I really wished i'd just waited to approve;;;] ] I was currently away from home resting and trying to recover, and my eyesight is quite bad for mobile, so I should never have approved it... Well, that's on me ! and that's the thing.. I searched their whole profile, but they do not have a TOS, anywhere. I'm guessing i'll have to edit the art myself and fix it, as it makes her look like a different character..

 

Edited January 19, 2019 by Moogle

[Bornes]

@Moogle Luckily my guide on ultimatums was published today and is exactly for this purpose!

The example situation given is very very similar to your current situation, so it should not need to be edited too much to fit your needs!

[Moogle]

3 minutes ago, Bornes said:

@Moogle Luckily my guide on ultimatums was published today and is exactly for this purpose!

The example situation given is very very similar to your current situation, so it should not need to be edited too much to fit your needs!

aaa thank you so much!!!

[Moogle]

Oh i do have another question though!!

1. what if the artist does finally send the file, but it is the exact same as the standard on their deviation gallery? Because the artist never stated what the full resolution was, just that it would be given.. via email. So i can assume it won't be the same resolution as the uploaded one?

[Bornes]

Didn't you not realize they were going to email you the hi-res in the first place? If it's not something I explicitly paid for, I'd probably just let it go, honestly.

But this is something you'd likely have to hunt through their Terms of Service (TOS) for. Many artists state what resolutions they work in, or at least that there is a "higher" one given over email. If your artist's TOS or commission info notes that anywhere, you can bring it up with them and ask that they provide the higher quality image to you via email as they state they do in their TOS.

[Moogle]

5 minutes ago, Bornes said:

Didn't you not realize they were going to email you the hi-res in the first place? If it's not something I explicitly paid for, I'd probably just let it go, honestly.

But this is something you'd likely have to hunt through their Terms of Service (TOS) for. Many artists state what resolutions they work in, or at least that there is a "higher" one given over email. If your artist's TOS or commission info notes that anywhere, you can bring it up with them and ask that they provide the higher quality image to you via email as they state they do in their TOS.

The artist does not have a tos-

and actually, it looks like I missed something important here.

"Commission will contain 3 2560x1920px files:

lineart, finished illustration, and "halo" version."  I received NONE of these. Just  a link to a lq gallery.

[Bornes]

Alright awesome.
So write the ultimatum quoting this, and ask for those things or a partial refund. Toss out a number for the refund (aim higher than you actually want). See if the artist will deliver what is due, refund you, or haggle on the refund.

Edited January 19, 2019 by Bornes

[Moogle]

51 minutes ago, Bornes said:

Alright awesome.
So write the ultimatum quoting this, and ask for those things or a partial refund. Toss out a number for the refund (aim higher than you actually want). See if the artist will deliver what is due, refund you, or haggle on the refund.

[......I hope i'm doing this right; I removed the actual links & names as I think it's against the rules to give names in this forum ? ] [[ stuff that has been omitted will say so in [], or <> ! ]]

<I put the artist name here,>
On  December 29th, 2018,  I commissioned you for a 34USD  bust of my original character, I <Put my characters name here>  [I put a ref of my character here!]. I paid for the commission via Goods&Services, (Transaction ID: <I grabbed the transaction ID from paypal>) on  December 29th, 2018. I had contacted you on 1. ) January 8th, 2019, giving you my email, to acquire her Promised full-res files; and Messaged you again on  2.) January 11th, 2019, telling you I had still not received any files, and inquiring about how much edits would cost, as I noticed too late you got her hair wrong.
[1. [ <DA stash link showing the message and proof of date> ] 2. [ <DA stash link showing the message and proof of date> ]

I received a link to her uploaded in your gallery, in lq, on January 8th, 2019, [ link to the lq in gallery: [ <I linked her actual gallery listing here> ] ]; and provided you with my email to receive her Promised files.  [ <stash link of them sending her via link to their upload gallery // stash link of me having sent my correct email.]. [Promised files, as per what you were offering: [ <stash link of screenshot of the commission they were offering and what it entails / /  physical link to their actual commission listing on DA ] ].  I have not heard back from you since you linked me to a lq DeviantArt Gallery file.

I've attempted to contact you through DeviantArt Notes again on January 11th, 2019, To which you have again not responded. It is now January 19th, 2019. If I do not receive all the Promised art by the 31st of January, 2019, I will be pursuing a partial refund through PayPal.

Regards,
[my DA username here] / [I put my real name here] .

 

 

oH NO DID YOU MEAN TO JUST SEND IT TO THE ARTIST AAAAAA ??

Edited January 19, 2019 by Moogle

[Bornes]

Yes, that looks good. Also yes, you should email that to the artist.
@Moogle

[Moogle]

21 minutes ago, Bornes said:

Yes, that looks good. Also yes, you should email that to the artist.
@Moogle

Thank you so much for your time and help with this!!!

I guess i'll be back If I hear back or anything aaaaa

[Moogle]

@Bornes [I hope its alright to tag you aaaaaa] The artist responded,  It was basically just, "I'm fixing your commission, after weekend you'll get the files."  I'm planning on replying with something like.. " Thank you for getting back to me. I hope to hear from you again once this weekend is over. "

[Bornes]

Sounds good! Just remember if you don't actually get the files by the date you originally stated (31 Jan), to continue through with the partial refund inquiry.
But try to assume the best of the artist!

Good luck!

[Moogle]

1 hour ago, Bornes said:

Sounds good! Just remember if you don't actually get the files by the date you originally stated (31 Jan), to continue through with the partial refund inquiry.
But try to assume the best of the artist!

Good luck!

Thank you so much!!! ;v;

[Moogle]

@Bornes aaa I hope it's okay to tag you for the update, but I have received all files, and the edit  !

[Kei]

Good to hear! 

[Bornes]

@Moogle congrats!