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View Full Version : Should I confront the commissioner or let it be?


geometric
06-05-2011, 01:48 PM
I hope I'm posting this in the correct place :X
I'm unhappy with my order from a rather large cosplay costume company, and I'm wondering if I should make a complaint or keep quiet.
I ordered a custom costume. I gave them a reference and had them make it in my size. I also drew them a sketch and asked for some things to be changed from the original reference.
They said it could be completed in 4 weeks. I paid over $200 plus a hefty shipping fee, in advance.

Aside from the top being too small for me to breathe comfortably (although I gave exact measurements and have actually lost weight since commissioning), the costume was beautifully made, so that's not my complaint. My problem is:

1. The costume was not completed in 4 weeks like they said. It didn't arrive in time for the convention, voiding the whole reason I needed it.
2. Immediately after it arrived, they put up pictures of my costume on their site, saying it's going to be for sale soon. I paid extra to have a one of a kind costume, and now they're mass producing it.
3. I feel like it's second hand, since the model in the picture is wearing my costume before I ever got to wear it (I know for sure it is my exact costume for a couple reasons).
4. The design is not theirs, and they have used it without asking.
5. I think it arrived late because they decided to do a photo shoot of it last minute, which seems like a lame excuse for it to be late.

I'm really upset about it. I want to post a review of the company, but I thought I should tell them my issues first before giving a negative review. On the other hand. maybe I'm making a big deal for nothing, so I wanted to get opinions from here first :(

I feel a bit held back since the costume included a skirt, vest, corset, arm warmers, and two minor accessories, and it was fairly cheap for that number of items ~_~ plus they had to make new patterns or modify some they already had since it was custom. Don't know what to do...

doxiequeen1
06-05-2011, 02:01 PM
Confront them. They didn't deliver what you asked, and at this point, you really have nothing to lose. The worst possible thing that would happen, is that they refuse to do anything, and then you still have a decent costume, and can give them a bad review (or whatever you decide to do). Or, they may treat you with respect, make a larger size and remove it from their website.

geometric
06-05-2011, 03:52 PM
Thanks Doxie. From reading previous reviews, I've heard they can be incredibly unpleasant to deal with, so I was hesitating because of that, too. I guess it doesn't hurt to try, though. I appreciate your thoughts on the matter :)

Stormraven24
06-05-2011, 04:13 PM
Is it a US-based company? If so, you have every right to file a formal complaint with the BBB if they do get nasty with you. You paid for something to be done in a timely manner, which it was not, and then they undermine your wishes by saying the costume they made for YOU would be sold soon. That's just a cheap, underhanded way to make more things to mass produce, in my opinion. You're their customer and you should be treated with respect. Don't be afraid to stand up to them :)

NekoMimiChan
06-05-2011, 04:34 PM
1. The costume was not completed in 4 weeks like they said. It didn't arrive in time for the convention, voiding the whole reason I needed it.
2. Immediately after it arrived, they put up pictures of my costume on their site, saying it's going to be for sale soon. I paid extra to have a one of a kind costume, and now they're mass producing it.
3. I feel like it's second hand, since the model in the picture is wearing my costume before I ever got to wear it (I know for sure it is my exact costume for a couple reasons).
4. The design is not theirs, and they have used it without asking.
5. I think it arrived late because they decided to do a photo shoot of it last minute, which seems like a lame excuse for it to be late.



I watch The People's Court and Judge Judy way too much, so my advise is going to be in that flavor.

You only have the right to get retribution for things that were specifically outlined in the sales contract. A sale's contract doesn't have to be something formal, e-mail correspondence is perfectly acceptable.

#1. The costume not being done and shipped to you in the agreed upon time frame.
This is perfectly contestable. You had an agreement with the seller for the costume to be delivered in time for a specific event. The seller did not ship the costume in time for the event, as promised, thereby violating the contract. Imagine if you had ordered something like a bridal dress for a wedding, having requested the specific data needed by, and not having it in time. The only way they can get out of this is if they DID ship the item on time - proven by a shipping receipt, but for whatever reason, whatever delivery service did not get it to you on time.

#2. Immediately after it arrived, they put up pictures of my costume on their site, saying it's going to be for sale soon. I paid extra to have a one of a kind costume, and now they're mass producing it.
Unfortunately, I do not think you have a case here. If this is a costume of a particular character (i.e.Link from Zelda), you don't own the rights to that design, you have no recourse. Even if the costume was of an original character you designed, the only way that you could be angry would be if you SPECIFICALLY SAID that you did not want them to use the costume design in the future and they agreed on those terms. They made the patterns for the design and manufactured it, they "own" that now (unless both parties agreed that this was exclusive, which I'm assuming did not happen 'cause it'd be a weird thing to ask). As far as "mass producing it" I doubt they would mass produce something so specific, most likely they would use it as an example of what they've made in the past - like part of a portfolio or catalog of what they can make upon request. This complaint is kinda silly.

#3. I feel like it's second hand, since the model in the picture is wearing my costume before I ever got to wear it (I know for sure it is my exact costume for a couple reasons).
Again, they probably just had a model wear it for portfolio/catalog reasons. Yes, it would have been more appropriate for them to use a mannequin or dress-form, but modelling for a few photos may not constitute the item being in "used" condition. I'm not sure about this one, again going to the wedding dress analogy, you wouldn't want to see pictures of someone else wearing your wedding dress, but I wouldn't go as far to say it is "second hand".

#4. The design is not theirs, and they have used it without asking
See #2

#5. I think it arrived late because they decided to do a photo shoot of it last minute, which seems like a lame excuse for it to be late.
The costume being late is a violation of the contract, in-and-of-itself. The reason why it was late doesn't really matter (unless postal service error, mentioned above).

Bottom Line:
If you are going to complain about their service, focus on them not delivering the item in the time specified in the agreement (something said in the e-mail correspondence, payment receipt, etc). Unless both parties agreed that the design was to be exclusive and one of a kind, you have no legal ground to stand on, especially if it is a design of an existing character you do not own.

geometric
06-05-2011, 04:35 PM
Stormraven- It's out of country, unfortunately. Yeah, I just wish they would have informed me they would be selling it on their site if I commissioned them. It's going to be available cheaper now x.x I would have gone elsewhere. And it did seem like going behind my back because I was never told about it- I just happened to see it. Thanks for the advice ^^

geometric
06-05-2011, 04:40 PM
NekoMimi- Thanks for all the info. That sounds reasonable to me...
About the mass producing, I should clarify. They are selling it not as a character costume, but as a lolita outfit. It's not an example, but a ready to order outfit. I can see, though, that I have no claim against them since I didn't ask for it to be exclusive. I just never thought that would happen.

Mesoian
06-05-2011, 06:36 PM
This is exactly why I don't deal with commissioners.

anime_wench
06-05-2011, 07:12 PM
Sooo... what website is it???

geometric
06-05-2011, 10:47 PM
Mesoian- this was my first time x.x
Anime - I think I should wait until I've talked to the company about it first. I'll write a review after that~

Kitsoru
06-05-2011, 10:58 PM
A lolita outfit, huh?

I assume it's Fan+Friend, then. You should know that Chinese costume producers do this (design stealing, I mean) on a very regular basis, and that Fan+Friend is particularly notorious for it in both cosplay and lolita (google them in relation to the US based designer Retroscope Fashions to see what I mean), so if this was something you did not want to be stolen, they were pretty much the last store you should have gone to. :/

(BTW, they're spamfiltered on here, so you'll have to use a tinyurl link or something if you want to link to anything of theirs.)

Is this your outfit? http://www.fanchaos.com/showthread.php?p=1998