Seller refuses to cancel my order twice

[manraider]

So, an seller on fiver who has 5* reviews had scammed me and used A.I to do the artwork for me! I have gone through the roof with him about it and told him to canel it after showing him proof that this photo is not hand drawn and was in fact A.I. The site I asked on was called furaffinity and here is the link that will take you to the post where I asked professional artists to confirm my doubts about it and it never took long for 2 people to tell me it's been done by A.I and not the seller. So, after contacting seller who he had no rigjht to reject to cancel the order, meaning it stops me from getting a refund, I had contact fiver with proof and had took it harder with PayPal and asked my banks to do an charge back against them. While unfortunately I can not share the sellers due.. and I agree it's dumb -_- His gig is called I will do concept art, character design and realistic illustration. Whatever you do people, do not hire him to do any work for you or you might end up with what I got in return. If have to, I'd be looking to sue Fiverr. 
 

[shalock]

Hi!

As an illustrator myself I totally understand your frustration by receiving a different product style than the one you requested.

However, by starting a chargeback with PayPal and your bank, if I'm not mistaken, you've broke Fiverr ToS and could get your account suspended as Fiverr policy is to first try to resolve the issue within the platform.

I understand that customer support may take time to answer, but in this case if the product is not what the gig offers or the seller offered you I think CS would have acted in your favor.

Just out of curiosity, if you initiate a chargeback? The order got cancelled or still pending? What CS told you?

[manraider]

3 minutes ago, shalock said:

Hi!

As an illustrator myself I totally understand your frustration by receiving a different product style than the one you requested.

However, by starting a chargeback with PayPal and your bank, if I'm not mistaken, you've broke Fiverr ToS and could get your account suspended as Fiverr policy is to first try to resolve the issue within the platform.

I understand that customer support may take time to answer, but in this case if the product is not what the gig offers or the seller offered you I think CS would have acted in your favor.

Just out of curiosity, if you initiate a chargeback? The order got cancelled or still pending? What CS told you?

Up to now, the banks will not do an charge back yet, I did contact Fiverr Support that I am still waiting for, though that should fail, I got PayPal and my bank to gey that money back. 

[shalock]

Oh, in that case probably the case will solve on your favor and you did the right thing contacting CS first.

Hope your next experiences in Fiverr will be more positive!

[strategist_ceo]

2 hours ago, manraider said:

I'd be looking to sue Fiverr. 

You don't need to sue Fiverr. Just contact the customer support team directly with the same complaint you posted, you will get the cancellation / refund.

He is likely to get a warning too.

Edited November 23, 2022 by strategist_ceo

[mariashtelle1]

2 hours ago, manraider said:

I had contact fiver with proof

Of you mean that you sent fiverr a link to some forum where two random anonymous people said that it’s Ai drawing then I’m afraid fiverr CS might not consider it as a proof. 
What you should press on with CS is that the result is different from the sellers portfolio (if it is) 

[manraider]

2 hours ago, mariashtelle1 said:

Of you mean that you sent fiverr a link to some forum where two random anonymous people said that it’s Ai drawing then I’m afraid fiverr CS might not consider it as a proof. 
What you should press on with CS is that the result is different from the sellers portfolio (if it is) 

Well, I don't know what proof they want, though I know he rejected me twice to cancel the order, so it's telling me he's very desperate to keep my money! I will keep people informed when I get an reply from this CS thing XD

[manraider]

3 hours ago, shalock said:

Oh, in that case probably the case will solve on your favor and you did the right thing contacting CS first.

Hope your next experiences in Fiverr will be more positive!

Well, up to now, I still heard no reply from Fiverr CS yet, do you know how long they even take to get back to people about this?

[manraider]

3 hours ago, strategist_ceo said:

You don't need to sue Fiverr. Just contact the customer support team directly with the same complaint you posted, you will get the cancellation / refund.

He is likely to get a warning too.

Well, I told fiver about it and they know it means I want a refund, though, this seller is doing whatever it takes to keep my money, even though I told him to cancel it because I was not happy with the order, regarding given an seller an warning, I don't know if Fiverr even does such things to sellers, as all they seem to be in for is profit only. 

[strategist_ceo]

9 minutes ago, manraider said:

I don't know if Fiverr even does such things to sellers

Fiverr provides warnings to sellers. I once received one of these warnings (it was automated, and I was able to appeal and have it removed). Fiverr is strict with sellers because there are so many of us, and every seller, including myself, can be replaced.

11 minutes ago, manraider said:

this seller is doing whatever it takes to keep my money

It is best to request (and abuse) the revision and use the revision option until you hear back from the customer service. This way, the seller will not get any money at all. The seller's unwillingness to cancel the sale is probably due to his concern about the effect cancellation will have on his "completion rate," which we all value very much.

[mariashtelle1]

6 hours ago, manraider said:

I know he rejected me twice to cancel the order, so it's telling me he's very desperate to keep my money!

Any seller who did the work will reject cancellation. If he indeed spent time drawing it why would he want to cancel it? Time is money. 
While I agree that quality is pretty bad you still will have to prove to CS that seller didn’t deliver something as promised. I know that other person says that fiverr is very strict and giving warnings to sellers (and it’s true) but they don’t do that without solid proof. 
Also it will be fiverr’s decision to cancel or not but they usually don’t cancel based on “quality” or personal satisfaction as per fibverr TOS because your order is kinda in a grey zone and doesn’t warrant cancellation automatically. Most likely they will cancel your order but please don’t be surprised if they don’t. 
Just out of curiosity how much did you pay for this gig? 

[manraider]

On 11/24/2022 at 3:15 AM, mariashtelle1 said:

Any seller who did the work will reject cancellation. If he indeed spent time drawing it why would he want to cancel it? Time is money. 
While I agree that quality is pretty bad you still will have to prove to CS that seller didn’t deliver something as promised. I know that other person says that fiverr is very strict and giving warnings to sellers (and it’s true) but they don’t do that without solid proof. 
Also it will be fiverr’s decision to cancel or not but they usually don’t cancel based on “quality” or personal satisfaction as per fibverr TOS because your order is kinda in a grey zone and doesn’t warrant cancellation automatically. Most likely they will cancel your order but please don’t be surprised if they don’t. 
Just out of curiosity how much did you pay for this gig? 

I paid £15.81 and that was under a "Custom Offer" and all I got back was £15.44, so basically I think Fiverr had still took the £0.37 fee from my refund! 

[mariashtelle1]

1 hour ago, manraider said:

paid £15.81 and that was under a "Custom Offer" a

Ok I’ll be honest here, you couldn’t possibly expect to get fully hand drawn unique artwork with the character and the background for 15£ 😲.

if you are counting in pounds then no, fiverr didn’t keep any fees, fiverr operates in USD and it was the conversion rate on the day of a refund that made a difference.