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Should I request a refund officially?


taurinz
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Hi everyone. Recently I bought a gig from a guy that does basic web development. I gave a basic wireframe of what the web app should look like and it was urgent (needed in 24hours). However the end result he gave me was almost 70 percent of someone's project that I was referencing on Github. I'm not talking about copying functions or code excerpts on stackexchange or stackoverflow. I'm talking about copying code for code someone's else repo on Github even with the same documentations and comments with some minor changes to the css styling, name changes and function name changes. 

He charged me an amount that was over my budget but since it was really urgent and he was a level 2 seller with 5 star reviews, i thought I could take his word cause of those credentials. So i confronted him on the blatant plagiarism and he explained that he "paraphrased" and that the time was too short. I understand the deadline I gave him was a bit too much and I would be okay if he didnt manage to complete fully of what I requested. There were some functions that he wrote that I believe that he actually wrote it,  and those functions actually helped my program and my technical understanding. He said he would offer me a discount on the next development job I need but after this incident I don't trust him anymore. 

So I didnt ask for a full refund, just a partial refund (since he actually did helped me in some ways) but he said that would ruin his ratings and fiverr profile credibility if done on fiverr customer support. I have no intentions of ruining someone's business and hustle. So I suggested that I set up a gig and have him buy my gig for the amount of the partial refund. He says that he will do it after 14 days as he has no cash atm and has to wait for the money from our gig to come through then he will buy a 'gig' from me for the amount of the refund (that seemed sus to me). I read somewhere that it would impossible to request a refund from fiverr if the order has been completed for more than 14 days. So I do not know if he was trying to wait for that or he truly has to wait for the cash flow for his gigs. 

I believe that it would fair for me to get a partial refund based on the amount I paid vs the quality of service I got. The blatant copying was just too much. What should I do? I understand gig economy is tough and the ratings and credentials really affects the seller's business and I want to avoid that. So I was hoping someone has a loophole or an alternative to this issue.

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First off, sorry for the sort of unfortunate experience! It seems like you are in an understanding with the seller so that is good.

3 minutes ago, taurinz said:

So I suggested that I set up a gig and have him buy my gig for the amount of the partial refund.

I understand you want to do this to avoid the seller getting a drop in ratings. Know that you won't get the full amount, example if the partial refund was $100 and he purchased your gig, you would be getting $80 only. Also, I suggest not doing this altogether. That's a grey area that could come off as exchanging reviews (I know it isn't, but best you just avoid the hassle).

It is nice of you to accept a partial refund. I think the seller does deserve compensation for the actual work (which you mentioned they did). Just ask them to cancel the order, and let them bill you for the partial refund. It's not the end of the world if they have one cancellation. If they are a Level 2 seller with good reviews, they likely have enough orders that will cover for this one order that got cancelled.

Stand your ground on this one. You deserve the partial refund through the proper route.

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21 minutes ago, taurinz said:

but he said that would ruin his ratings and fiverr profile credibility if done on fiverr customer support.

I think that you should report him to CS. First the plagiarism is problematic. A professional would have asked for additional time to write his own code, not use a short delivery line to justify stealing someone else's code. Then, the manipulating his feedback as quoted above makes him in violation of TOS. He is a scammer, and needs to be treated as such.  Get you full refund from Fiverr CS.

Also, I believe that your solution "So I suggested that I set up a gig and have him buy my gig for the amount of the partial refund" is also a TOS violation. Disputes are settled via CS, not by making phony gigs to transfer money. Be careful.  

Edited by newsmike
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Seller's mistake is he didn't inform you about to working procedure in this short deadline.

However, as you agreed that he helped you anyhow,
Then, I will suggest you to ask him to get this done perfectly, as it will not be wise to use codes of someone else knowingly.

The seller's statement is so clear that he want to refund you, but honestly, it will make trouble for his business in fiverr partially, but not that much if he gets regularly.

I will aware you that the way you're trying to get partial payment from him (with mutual discussion), it's a TOS violation. Refunds, Disputes should settle by CS.

The best solution will be if that work no longer needed to freshen up, then offer him any other alternative task now or in future to settle this matter.

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Technically you cannot ask for a refund after 14 days but in reality refund can be requested even months later. I don't know how but I've read many stories of sellers who got a cancelled order that was so far in the past they didn't even remeber what was that. 

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You are being really kind to try and make this easier for him, but keep in mind that if he is plagiarizing code for you he's probably doing it for other people, too. If someone's first thought is "I can't make this work in time, I'll steal some code," don't you think he's also going to think "this problem is too hard I will go steal some code," or even "if I steal code I can do three times as many orders in the same time to make more money." You deserve to get your money back and hire someone to do the job properly.

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