Someone used their mom's credit card to pay me
7 years ago
And when their mom saw the money spent they filed a credit card despite, I have never had anything like this happen to me in all my 10 years of business.
I just lost out on a lot of money, and I prob lost 5 years off my lifespan from anxiety.
As a result of the loss of this massive commission (a quadsuit, the most expensive thing I sell) I now need Kabuki to sell before BLFC if I can, I have taken $500 off the price to help him sell https://www.thedealersden.com/listi.....reduced/133522
I just lost out on a lot of money, and I prob lost 5 years off my lifespan from anxiety.
As a result of the loss of this massive commission (a quadsuit, the most expensive thing I sell) I now need Kabuki to sell before BLFC if I can, I have taken $500 off the price to help him sell https://www.thedealersden.com/listi.....reduced/133522
FA+

That if the seller requested the money back they can't as they signed the document first, you know make it more legal, or that the deposit is kept at the very least. By signing they agreed to that term, and know full well they loss the deposit if they cancel.
I'd personally make the deposit half the suit value, this way if they sign it knowing full well it's a legal document, they are less likely to back out as they loss more then they would gain.
I'm wondering if this could actually become a thing for suit maker's, and if they could be covered for loss of job with that sale, loss of pay to their business etc the list goes on I'm sure. I'd personally love to hear if this could actually become a thing to protect the suit maker, and if so would the suit maker need to pay any royalties to the lawyer or persons involved with the legal documents?
And a written agreement is enough of a contract to be considered a legally binding contract in most cases. with the seller saying "X product for Y cost, with Z terms" and the customer saying "yes" by paying/sending the info. So the whole lawyer shouldn't be needed. But with a minor, then they can not enter a binding contract as they are not a legal adult. So even if they say yes and send the money/info - they cannot be held legally responsible for backing out/not paying. Also since it was paid by another person's credit (the parent), without their consent, it is considered stolen money and it will be returned to the owner by the bank/company in pretty much any scenario. (some exceptions apply, like if it isn't actually possible to do a chargeback, but those a very rare).
so if an legal adult backs out of the contract, and the contract state the maker get's to keep the deposit, then they get refunded - minus the deposit.
if a fraudulent charge is in place, 100% will be returned to the owner and the maker is SOL.
(sorry for the long comment, just thought I'd give my .02. Also to note that laws are different everywhere and I am by no means a legal expert, this is just what I have picked up when doing commissions)
Honestly I'm not sure what else could be done, other then the suit maker keeping the funds in paypal at all times incase the buyer does desire to charge back.
So worst case you loss maybe a fee from PayPal, but not the funding itself since its still in there. Sadly means buying everything from sellers own money over the next couple months, but since the original amount is still sitting there, then it won't hurt as much later to be in the minus, because rather then being minus the suit amount your minus the fee amount, which is like $5-100. Or what ever the PayPal fee is, It's alot nicer then $3000-5000 etc.
Again this merely a thought, an idea, but worth considering I guess. Otherwise not sure of any other ways suit maker's could protect themselves, but they should be given alot more rights I think, as it's there time wasted, and time costs money as well. They could have started the suit, by doing so waste material's and waste labor time, which does add up over time.
https://www.paypal.com/us/webapps/m.....ler-protection
I mean, it's not cool that they get to keep the money AND the suit. If it were truly a stolen credit card, wouldn't the mom force them to return the stolen goods? It isn't much of a lesson to the kid if they get to keep all their pilfered items (what will they learn? Oh I dunno, that you can charge shit on a credit card, get the money back, and keep your awesome, awesome items. Freaking sweet!)
It still sucks that beastcub is out the time and materials, though. I hope the materials can be reused. :\
I don't understand this fad of charge backs in any type, though. Especially the unwarranted ones..
Is there anyway you could sell the suit or concept of what they wanted?
Yeah, fine, the mom did the right thing, but this really sucks. I'm so, so sorry.
That really sucks. If you don't get it sold before BLFC, maybe you can sell it there..Catch that rich impulse buyer!
I know I'm probably telling you something you've hopefully figured out by now but for the sake of others...yeah.
Hope you get Kabuki sold! Beautiful suit that I'm sure will end up with a wonderful home.
As its now its seams like kids can do basicly any buy they want without any risk on theyre parents behalf leaving small buisness at risk of geting a major headache with loss of both works, material costs and time set aside.
Now I do not mind if this happens to major companys whom can easily afford suts setsbacks of expencive products but when it happens to small independent makers whom are doing expencive one of a kind products there really has to be some sort of protection in place for them in cases like these.
You can not have cases where youre kids baughts risks small companys future and risk them going bancruptcy over expencive baughts no matter how young a kid is and it has to be the parents sake to protects theyre financial assets so theyre kids can not go and ruin them no?
Thankfully, the girl couldnt get it to go through, and upon further inspection, I had discovered that she was not only a minor (put down that she was over 18 on the quote form), but she was pretending to be someone else and had stolen her moms credit card. I called her out and informed her mother...saved myself about $1500.
I'm so sorry this happened!
There are rules on custom made items and PayPal charge backs. You can't really refund a custom item:
Ineligible items and transactions under PayPal’s Purchase Protection program
Significantly Not As Described claims for custom-made items.
The following claims will not qualify as a Significantly Not as Described claim:
The item was properly described but did not meet your expectations.
You haven't done anything yet with it, other than buy materials, which is good, you're not out the suit and shipping and the construction time.
The only real recourse I can see is that the card was stolen, which basically means the merchant (you) suffer the loss, not the card holder. So they could claim credit card fraudulent charge and you lose everything including the deposit. They simply just revise the entire payment back to the card holder.
I have had to credit back a three or four hundred dollars for one account at work because the kid bought things on Video on Demand, and to buy the movie he was stating he was 18 and was entering a contract with us to pay for the title. It was a 4-5 year old that couldn't read/understand and just went through their cable box menus and pressed buttons to get their show on. It isn't out of my pocket, so I don't mind doing that.
I was also in a car accident where the kid stole the father's car and totaled mine and broke my neck and shoulder, probably totaled Dad's too. Kid had no insurance because his license was revoked. The parents had to claim grand theft auto on their own child to basically excuse themselves from any liability as the car was stolen and not operated by anyone they allowed to use it. It may be the same exact dance with the credit card.
Do you have a "cooling off" period on the purchase to back out, or once they PayPal you they are on a contract or lose the deposit?
Can you sell the materials as an artistic liscense piece, which I've seen you do in the past for a set of fur and a species in mind?
You where scammed and a child's parents are legally responsible for all damages that their children cause.
The question is can you prove in a court of law (in California as the point of sell was in California as that is where your buisness is based) that it was the card holders child who wronged you.