So the TOS says you don't get your money back


#1

…even if i was scammed?



I had some graphics I needed, and time was of the essence. I ordered a gig from someone on fiverr, and was very specific in making clear my need for original art. I paid for three orders, plus psd files, and a rush on all three orders. that was $15x3 = $45



Now, it turns out the guy only download other people’s art off of places like Deviant art, and tries to make a buck by selling it off to others. I called him on it, and I got a refund right away.



Now I sit here on fiverr with $45 on “my account” and nothing to spend it on. The project is already started, with other graphics, and I have nothing to show for my money.



Sure - I could find another gig or two, but since everything is five bucks (which is great), that would still leave me with $35.



I don’t really want to waste money on 9 projects, just because I got scammed on fiverr.com!



This is not my fault, and I would very much like to have my money returned to me.



Surely there must be a policy in place for people being scammed, other than being forced to spend the money on the very site that you got scammed on?


#2

Also, it is not this site you got scammed by, but some of its users.

There are plenty of honest sellers here, and the money in your account allows you to buy from other sellers.

If I were you, I would give some of them a go instead of letting it sit and complain.

Fiverr is a little bit like the real world, some entrepreneurs are untrustworthy, but not all.


#3

Fiverr makes a profit on impulse buys. By eliminating any chance of the funds leaving Fiverr, this means that 100% of the time, Fiverr get’s their money. Only time they don’t is if a buyer initiates a charge-back but that would cause their account to get banned. It’s unfortunate such an instance occurred, but it does mention it in the TOS. I totally agree that you should be able to get your money back in this regard, but the way Fiverr is set up it’s probably not going to happen. Your best bet is to find a designer you really like and give them the big order. This way you will have a very excited designer that will work extra hard due to your big order you placed.


#4

I understand the business-model. I don’t need that explained to me, even though I appreciate the replies.



The issue for me is that I had no reason to doubt the “artist.” There was no warning, or official message from fiverr saying “remember - this could be a scam,” or anything to that effect. Certainly not a "remember - you won’t get your actual money back!"



On the contrary, the “artist” is being fronted with fiverr’s very own logo, and the number " 1 ", and so forth. Everything looks legit, and it isn’t. The guy is stealing other people’s art, and when he gets to put a name like “fiverr” in his monicker, he is legitimized so much more.

It doesn’t matter what fine print you throw in a EULA or TOS when your whole business model is wide open for swindlers, whom - in effect - you are supporting all the way to the bank.



And you are right - there are many honest sellers on fiverr, but unless fiverr take this swindling part of their site a whole lot more serious, they are really messing it up for those very people. The site itself gets a bad rep, and from that, also the honest sellers.



I didn’t get what I paid for. Instead I got stolen property. when I called him out, he did a “mea culpa” and refunded my money - but not to me; to fiverr.



So I have no product, and no money.

All because of a scam, undeniably facilitated by fiverr.

Yes, you could argue that fiverr got scammed too by this guy, but then they should obviously return my money. It is a horrible policy to hold back money from customers having been swindled through your business.



This is a credit business, after all - and it is standard policy for credit companies, all over the world, to return your money if you have been swindled through their business - even if the other party gets away with it.



So yes, I am disappointed. My deadline is already gone, and I have to spend money on things I don’t need. Because I got caught in the EULA/TOS chaos that breaks the backs of consumers every day.



Out of all fiverr customers out there, I wonder how many who really took the time to read all that.



I wonder.


#5

In this case I agree with the buyer. He should be refunded his money. Think of Fiverr like a franchise. If I walked into a Franchise business (i.e McDonalds) and they poison my food, I would sue McDonalds as a company, not the individual McDonald franchise that was owned by one owner.


#6

If McDonald’s has a sign on the door that says you agree to their rules and that if you get poisoned the only recourse you have is to get more food, and that by walking through the door you agree to it; well, that’s the deal you make and chance you take.



I get that it’s frustrating and in an ideal world, Fiverr would keep a clean house, but they don’t care, they make their 20% no matter what (excepting the chargebacks mentioned) and there are plenty of buyers and sellers on the internet who don’t care about reputation, they want money or product with as little expense or effort as possible. That’s how places like this grow, and exactly why Fiverr went into business.



I don’t want to seem jerky, but I don’t get how the gig you ordered was $45 and yet you’re complaining that you would have to buy 9 gigs you don’t want to spend the refund. The assumption would be that it would cost you the same (or similar) to get the same (or similar). If your deadline was so tight that you couldn’t remedy the situation, maybe you should have planned a little further ahead. There is always a chance of things not being instantly perfect - here and anywhere else. Honestly, I’m not being argumentative, I just think the ‘scam’ added insult to injury and you’re looking to lay blame.


#7

The difference is, if McDonalds did that - they’d be out of business in a heartbeat, and I’m not entirely sure it’s even legal.



“Sign here, and don’t mind reading it all … like we know you won’t ayway”

"Oh, but you signed! All your base are belong to us."



It’s too easy to hide behind such claims.



I wouldn’t even have made a fuzz if it was a disagreement with a seller on fiverr. He is a thief! He is stealing other people’s art, blatantly admits it, and makes a buck off of it.



Why - why, and in what world, is it OK for a company like fiverr to make a profit off of people getting scammed?



Are fiverr even aware of the fencing law? They are making a profit off of people selling contraband. And not only that, when said criminal (because that is what is happening; it is a crime. I have evidence of everything - the link to the copyrighted material off Deviant Art, and the correspondence from the artist saying "that’s what I do) decides that “ok, you caught me. I won’t take your mnoey” (fiverr changed the real word to “fragglerock”, so I had to purposefully misspell it) - fiverr still does.



There is something severely ironic behind this course of events.



The McDonald’s owner says “fine, here’s your money back. I poisoned you, it’s against the law and all the rules from McDonalds.” But I am stopped by McDonald’s corporate at the door who says "No … that money is not yours. You were served poisoned food yes, but now go back in and eat more!"



Something is not only rotten in the state of Denmark.

Something is rotten in the policy, as well as the TOS.



Of course I accepted the TOS - because I had no reason to doubt the seller. He had fiverr’s approved stamp, and I trusted the process.



It was a lie

It was a sham

And it was directly - criminal.



And again, all - undeniably - facilitated by fiverr.



Also - the reason I am complaining is because I was caught up in something illegal. I am fine with not getting my money refunded if it was a mere disagreement, but this was something directly criminal; it goes against the piracy laws. I don’t want to be caught up in that, and It is only common decency to not force me to spend my money with the same company that facilitated the crime - because they did. They can hide behind “the fact” that it was their agent that broke the law, sure - but even if he was freelance, he is still THEIR agent, working under their name - with THEIR approval. As I can prove the whole thing - and there is no doubt - the normal thing to do was to commit to a proper refund.



This is standard business practice.



And sure - in hindsight you are absolutely correct. In hindsight I should never have spent time on fiverr to begin with. Imagine the risk you take by spending money this way - it’s beyond me why people will risk it.



It has become painfully clear to me that even if you tell the seller that you need unique art, and even if they say that they will provide it, you still risk getting pirated stuff. and to top it all off … you won’t even get a proper refund



so you are absolutely right. I should have done better research, and I would have understood.



I did a small little search on fiverr just now, and I found several sellers offering hacked gamer accounts, and hacked Netflix accounts, for as little as $5



"Instead of spending $7 a month why not spend a fiverr :D.



We try to offer a quick and reliable service so feedback is much appreciated.



SIDE NOTE - If the account stops working it is most likely Netflix suspending the account, not us changing the password. If this ever happens to you, we will surely replace your account.

These are accounts and passwords should not be changed."



Lovely stuff - way to go fiverr



way to go.



Furthermore - where is the “report” button? There is no way to complain about illegal sellers. It is so blatant - so clear as day - that these sellers are illegal, it is beyond me why they are being allowed to continue.



And again - to top it all off … you won’t get your money back.

It is simply amazing.



The next thing for me is to spend the money on people who can sing my name while dancing, or provide some typing of a text in a different language. Because those things I can at least verify are unique (to an extent).



#8
henryvoll said: Out of all fiverr customers out there, I wonder how many who really took the time to read all that.

Oh, it's probably 100%....of all the buyers or sellers who found themselves being ripped off or involved in disputes. Other than those...well...perhaps...no one.


#9

Reply to @henryvoll: You make many, many good points. I find it difficult to disagree with any of them.