pinyon

Sorry, I'm talking back and forth with them and I am getting told a few different things. At the moment I'm trying to confirm all the details of their policy. I'll update when they get back to me, but this is the most recent message which at the very least doesn't look good for any sort of purchase protection.

Quote

The service was a donation that was free in relation to the transacted sale. The service is possible only for authorized users on BOOSTY. During registration, the user read and accept the Rules, Policy and Terms of services (https://boosty.to/app/offer/user). The transaction was made by registered User and represented a donation. Service was provided to the User. The donation was successfully remitted to the Creator. There are no dispute rights under Condition “Service Not Provided” when the User does not receive the merchandise or service that was to be free in relation to the transacted sale. Please, take into consideration that the BOOSTY Platform is the online platform that provides possibility to receive donations from authorized Users aimed to support Creators on the User’s good faith basis. The service was fully provided to the User. The amount of donation was determined by the User on his/her good faith.

I commissioned a base custom design nearing 3 months ago, the artist is Russian and used Boosty in order to take payment. 

I paid, they said it would be done the following weekend. I wasn't in a huge rush or anything, so the weekend goes by and I waited a bit extra to reach out. 

Artist explains work has been busy, they'd get it to me "in september" which is vague, but whatever. I did check up 16 days ago now, the message has not even been opened. The artist has..essentially ghosted me. I don't mind being patient, but they HAVE been online, and have been posting adopts for sale, so they're still around. 

The issue comes into play with the fact I used boosty to pay them, I used paypal via boosty, so I put in a refund request through paypal.

Boosty replies to the ticket, they say their ToS does NOT allow buying and selling art, they immediately ban my boosty account for buying art (funny enough the artists account which still claims they're selling art on there is still up) and tell me they refuse to give me a refund.

I replied back with more evidence and such, but.. I'm pretty sure im out of luck.

Any suggestions on where to go now? I don't think I'll see that commission OR my money ever again and this whoel situation has made me very wary of ever using boosty again due to this if they even do unban my account. 

Boosty has informed me during a refund case via paypal that they in fact refuse refunds since they are considered donations, on top of this, they also say it is against their ToS to buy/sell art using their platform (And then promptly suspended my boosty account for buying art) I can provide the exact text they sent me if you need it.