Fiverr Community Forum

Buyer Cancelled Order After Delivery - Been Using Photos We Shot

Hello! So a couple of weeks ago we did product photography images for this beauty client that cost $300 in total. She loved it and immediately used on her website and social media. She even told us she recommended us to fellow business owners and she’s sending us new products to photograph.

Fast forward to yesterday, we received notification from Fiverr that the order was cancelled via a dispute on Paypal because we allegedly missed the deadline. This is a fabrication. We delivered 3 days earlier than promised.

Reached out to CS with all the proof and pretty much got a canned response saying they lost money too. We’ve read so many stories not in favor of sellers so we are anticipating not getting the money we worked hard for. (Sidenote: Has there ever been an instance where this was resolved in favor of the seller? How long does this dispute take?) So now, basically the buyer has been using stolen images for commercial gain.

What is the best course of action? We’re thinking of filing a DMCA claim on the website and social media. Any advice would be great.

PS. Please don’t tell us to move on. We are moving on and doing other projects, but creatives should be able fight for ownership of their work, especially if it’s stolen.

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Definitely! Absolutely!

In some cases fiverr can get your money back from disputes and it in some they can’t (or just missed a dispute deadline taking into account how long it takes them to reply on tickets right now)

I would’ve dropped another message to CS asking them to contact your buyer and ask them to take down your work from the website as it’s copyright infringement.
(Most likely that wouldn’t scare buyer enough but that’s just one of the actions)
And secondly of course file a claim with their website hosting provider.

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Please do file. Though one time surprisingly CS supported me. They gave me the orginal order amount 80$ but never after that. And yes you should file. Also let us know what happens so we also know what to do when something like this occurs.

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Thank you! Can I file a claim while the investigation is ongoing?

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I definitely will! This situation angers me because me and wife spent hours for the project.

How long did it take CS to resolve your situation? Should I file the claim now while the matter is being investigated?

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What “investigation”? :wink: Looks like there is no investigation from fiverr side.
You have proof of your work and you have a screenshot of a cancelled order, everything is very clear for me here.

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Yes. I’ve seen multiple cases where it was reported that the seller was compensated by fiverr. Don’t remember the details but I think it’d require multiple tickets and/or asking for another agent to look into the matter.

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There have been many people here mentioning they got compensated by Fiverr after a buyer initiated a chargeback. Especially if it was a bigger order, or is just time consuming for you to provide. But I don’t think anyone has gotten 100% of the scammed money back, so it’s been just partial compensations.

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I have just recently had a buyer cancel and reverse charges on a $35 order I did - and get this, I had NO idea it was even disputed or there was an issue because by the time I got back on Fiverr (within 12 hours) Fiverr had resolved it, kicked the offending scammer off the site and reimbursed me for the work I did!

So, yes, even a measly $35 can be recouped if Fiverr sees the buyer was being fishy. I have had other fishy buyers also be removed from the platform and I have gotten paid, but, it has only been a handful of times - perhaps only half a dozen since I have been here in 2013. When a buyer initiates a charge back via their payment source, this is an offense that usually gets them banned from the platform or should!

Is this buyer still active on the site? Can you see their listing when you click on their name in the order?

GG

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Thank you, Lena! We’ll look into it!

Glad you were able to recover it. The case has been open for more than almost 2 days now and we’re losing hope that this will get resolved in our favor.

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I hope it gets resolved in your favor but I would like to recommend something.
LONG POST AHEAD!

Summary

I have an ongoing order with a client and he failed to deliver a complete brief. I demanded brief to be filled, and when it was filled:
a) product is green and red
b) product is ecological and environment friendly

So by logic, I developed 6 different design concepts along with that brief.

Their reply was: we do not like you used green and red colors, and we do not want any eco icons to be used, and “sadly” they would like to cancel the order and get a refund. At first, I wanted to fight it (200$) but at the same time, I accept it is partially my fault. I never mentioned in my order requirements that buyers must read Fiverr TOS, and that I am being paid to deliver quality work as per description, not something “you would like”…

This is a constant issue when working in any form of graphic design.

Should you pay a designer if you do not like the end results and you are not going to use it in your project?
YES!

When you want to make a shift towards professionalism in this industry the first step is: “Get a lawyer”. You need someone who is going to draft a bulletproof contract that will protect you and the client.

As a freelancer getting a lawyer is a little steep step, especially if you are providing services using sites such as Fiverr, so the next best thing to a lawyer contract protection would be to create a “killer” brief that will be a permanent part of your GIG portfolio and add in requirements “Please confirm you read the full brief and you accept all that is stipulated in the brief.”

I sent a mutual cancel request but the buyer is not online for 2 days, so if he is not back 24 hours my delivery will be auto accepted so we shall see how will that turn out. And for the past 3 days, I have been studying designer contracts and adding bits and pieces in my new briefs, that I can make it work but still be fully compliant with Fiverr TOS.
I want to make sure every GIG I have is fully protected with new briefs.

So, my point here is, look at options how you can protect yourself beyond just pure “placing trust into the Fiverr team”.

I want to be able to respond to client and to Fiverr staff: Point a) paragraph 3 clearly states that_____ and XY must pay me.

I know it will not work 100% and it will not protect me 100% but for sure it will reduce the number of people thinking they can get my designs for free.

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Thank you for the thoughtful suggestion! We do have a lawyer-written contract we send out to our clients outside of Fiverr. We’ve never thought of putting the verbiage on our Fiverr profile. Great idea!

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They took 2 days after order cancellation. After 2 days, i got the sum. The good thing was that the sum later refunded was instantly made ready for withdraw, no waiting period. For the claim, incase the support does not support you then file a claim.
Keep in mind, not all requests go in favor of sellers. I think its the luck that counts most when dealing with CS. If your evidence is strong, luck is on your side, you will be good to go then. Keep us updated
Best wishes for you.

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I’m glad it worked out! I’m keeping an eye on one of my clients, in case they post the work I did. Normally I wouldn’t bother for a little order, but this was hundreds of dollars.

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Good for you! It’s been 2 days now since the cancellation but unfortunately no update yet.

My case is still in review so no update yet. It’s been 2 days.

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CS are quite slow nowadays. Plus i don’t mean to de-motivate or anything but i don’t think the result will be in your favor. As the agents nowadays dealing the sellers are inexperienced and don’t even understand the problem. Best of luck though.

Same thing happened on me but Fiverr didn’t compensated me but I took screenshot of buyers social media and showed it to the CS and they got 10 days to reply to my case and they gave me compensation for that order and said buyer is under reviews because using files from cancelled order.

I did social media banners and buyer gave me a 5 star rating then after next day order was cancelled.
I encourage you to take screenshots your conversation that you had with buyer and if you can take screenshots on the website that buyer is using your hard work outputs then open a ticket.

Since you didn’t do anything wrong favors on your side.

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That’s good to know!