howies
New Member
Posts โข 917
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July 2008
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Advise Needed, by howies on Nov 21, 2015 9:55:51 GMT 1, I purchased two art pieces from a galley over a year ago November 2014, I paid upfront 15K in November 14" to receive one of the pieces after the exhibition ended and the other once completed in Feb 2015, I received the first piece in January but due to some very lacklustre packaging the sculpture was heavily damaged and had to be returned to the artist to be repaired. Many months past with excuse after excuse for delay and then no reply for a while, I finally cracked and sent another email to artist and gallery demanding a refund this month, The artist was very appologetic and tried to save the sale by completing in the next two weeks ( i don't believe this will happen) but by now I don't really want the piece. He then offered to refund his portion of the sale that he charged the gallery. The gallery has told me they will not refund anything as it was a preorder.
Where do I stand here?
I purchased two art pieces from a galley over a year ago November 2014, I paid upfront 15K in November 14" to receive one of the pieces after the exhibition ended and the other once completed in Feb 2015, I received the first piece in January but due to some very lacklustre packaging the sculpture was heavily damaged and had to be returned to the artist to be repaired. Many months past with excuse after excuse for delay and then no reply for a while, I finally cracked and sent another email to artist and gallery demanding a refund this month, The artist was very appologetic and tried to save the sale by completing in the next two weeks ( i don't believe this will happen) but by now I don't really want the piece. He then offered to refund his portion of the sale that he charged the gallery. The gallery has told me they will not refund anything as it was a preorder.
Where do I stand here?
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RoboJ
Artist
Junior Member
Posts โข 1,201
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July 2015
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Advise Needed, by RoboJ on Nov 21, 2015 10:32:24 GMT 1, Sorry to hear about your problem, that's a real shame.
You will know how they have responded and their tone to understand how helpful they are trying to be. My personal feeling is give the artist the 2 weeks he has asked for but start thinking about how you might want to resolve this just in case. I do not know the laws more than anybody else but I would image if you purchased an item from a gallery and it arrived damaged, it's the galleries responsibility to sort it out like any other goods. I think this is one for citizens advise as they will have all the facts and not just opinions which you will get from a forum.
Best of luck, I hope it works out ok.
Sorry to hear about your problem, that's a real shame.
You will know how they have responded and their tone to understand how helpful they are trying to be. My personal feeling is give the artist the 2 weeks he has asked for but start thinking about how you might want to resolve this just in case. I do not know the laws more than anybody else but I would image if you purchased an item from a gallery and it arrived damaged, it's the galleries responsibility to sort it out like any other goods. I think this is one for citizens advise as they will have all the facts and not just opinions which you will get from a forum.
Best of luck, I hope it works out ok.
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Fake
Artist
Junior Member
Posts โข 2,376
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July 2008
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Advise Needed, by Fake on Nov 21, 2015 10:56:28 GMT 1, I purchased two art pieces from a galley over a year ago November 2014, I paid upfront 15K in November 14" to receive one of the pieces after the exhibition ended and the other once completed in Feb 2015, I received the first piece in January but due to some very lacklustre packaging the sculpture was heavily damaged and had to be returned to the artist to be repaired. Many months past with excuse after excuse for delay and then no reply for a while, I finally cracked and sent another email to artist and gallery demanding a refund this month, The artist was very appologetic and tried to save the sale by completing in the next two weeks ( i don't believe this will happen) but by now I don't really want the piece. He then offered to refund his portion of the sale that he charged the gallery. The gallery has told me they will not refund anything as it was a preorder. Where do I stand here? Where you stand depends on where you live and where the gallery is from a legal standpoint.
EU consumer law is very clear in this kind of thing, and you are protected very well. Pre-order has nothing to do with it once it arrived damaged. They offered to repair the sculpture but did not do so, this is a breach of a contract and you should have no problem getting the contract terminated.
Good luck!
I purchased two art pieces from a galley over a year ago November 2014, I paid upfront 15K in November 14" to receive one of the pieces after the exhibition ended and the other once completed in Feb 2015, I received the first piece in January but due to some very lacklustre packaging the sculpture was heavily damaged and had to be returned to the artist to be repaired. Many months past with excuse after excuse for delay and then no reply for a while, I finally cracked and sent another email to artist and gallery demanding a refund this month, The artist was very appologetic and tried to save the sale by completing in the next two weeks ( i don't believe this will happen) but by now I don't really want the piece. He then offered to refund his portion of the sale that he charged the gallery. The gallery has told me they will not refund anything as it was a preorder. Where do I stand here? Where you stand depends on where you live and where the gallery is from a legal standpoint. EU consumer law is very clear in this kind of thing, and you are protected very well. Pre-order has nothing to do with it once it arrived damaged. They offered to repair the sculpture but did not do so, this is a breach of a contract and you should have no problem getting the contract terminated. Good luck!
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howies
New Member
Posts โข 917
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July 2008
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Advise Needed, by howies on Nov 21, 2015 10:57:51 GMT 1, thanks @roboj the gallery informed me they have spoken to lawyers who say they are right and until they deliver the items.
thanks @roboj the gallery informed me they have spoken to lawyers who say they are right and until they deliver the items.
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howies
New Member
Posts โข 917
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July 2008
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Advise Needed, by howies on Nov 21, 2015 10:59:44 GMT 1, Me - Australia, Gallery - Germany, Artist - LA just too confuse things.
Me - Australia, Gallery - Germany, Artist - LA just too confuse things.
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Fake
Artist
Junior Member
Posts โข 2,376
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July 2008
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Advise Needed, by Fake on Nov 21, 2015 12:25:37 GMT 1, thanks @roboj the gallery informed me they have spoken to lawyers who say they are right and until they deliver the items. Sure they say that.. but they probably did not do that.
The problem they have is that the artist told you and them he would take care of it. And he did not. Now they see it as the artists problem and dont want to be involved anymore.
You just need to look at this case like you have bought a new laptop that got delivered damaged.
The gallery being in Germany should give you a pretty good chance to get your money back. this all is under German law now and you are pretty well protected.
The gallery should man-up and make you whole again.
thanks @roboj the gallery informed me they have spoken to lawyers who say they are right and until they deliver the items. Sure they say that.. but they probably did not do that. The problem they have is that the artist told you and them he would take care of it. And he did not. Now they see it as the artists problem and dont want to be involved anymore. You just need to look at this case like you have bought a new laptop that got delivered damaged. The gallery being in Germany should give you a pretty good chance to get your money back. this all is under German law now and you are pretty well protected. The gallery should man-up and make you whole again.
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Advise Needed, by Someones Brain on Nov 21, 2015 19:59:51 GMT 1, Which gallery?
Which gallery?
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Poster Bob
Junior Member
Posts โข 5,812
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September 2013
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Advise Needed, by Poster Bob on Nov 21, 2015 21:16:22 GMT 1, Hmm. Does the gallery's name start with Art? If so I had unpleasant dealings with them last year. If not, know the following: I waited six months for a Banksy print and COA from a German gallery. After all else had failed I informed them that if I didn't receive my piece within 48 hours I was going to use Polish debt collectors to get my money back. I then received a frantic, apologetic reply within an hour and a tracking number the same day. To tell the truth, at that point I would have been happier to sell their debt and to have walked away from it all, leaving them royally fucked.
Hmm. Does the gallery's name start with Art? If so I had unpleasant dealings with them last year. If not, know the following: I waited six months for a Banksy print and COA from a German gallery. After all else had failed I informed them that if I didn't receive my piece within 48 hours I was going to use Polish debt collectors to get my money back. I then received a frantic, apologetic reply within an hour and a tracking number the same day. To tell the truth, at that point I would have been happier to sell their debt and to have walked away from it all, leaving them royally fucked.
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curiousgeorge
Junior Member
Posts โข 5,833
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March 2007
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Advise Needed, by curiousgeorge on Nov 21, 2015 21:44:32 GMT 1, Using social media networks to highlight problems seems to get rapid results these days.
Using social media networks to highlight problems seems to get rapid results these days.
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howies
New Member
Posts โข 917
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July 2008
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Advise Needed, by howies on Nov 22, 2015 7:06:51 GMT 1, Hmm. Does the gallery's name start with Art? If so I had unpleasant dealings with them last year. If not, know the following: I waited six months for a Banksy print and COA from a German gallery. After all else had failed I informed them that if I didn't receive my piece within 48 hours I was going to use Polish debt collectors to get my money back. I then received a frantic, apologetic reply within an hour and a tracking number the same day. To tell the truth, at that point I would have been happier to sell their debt and to have walked away from it all, leaving them royally f**ked. Mmmmm yes it Does! PM sent
Hmm. Does the gallery's name start with Art? If so I had unpleasant dealings with them last year. If not, know the following: I waited six months for a Banksy print and COA from a German gallery. After all else had failed I informed them that if I didn't receive my piece within 48 hours I was going to use Polish debt collectors to get my money back. I then received a frantic, apologetic reply within an hour and a tracking number the same day. To tell the truth, at that point I would have been happier to sell their debt and to have walked away from it all, leaving them royally f**ked. Mmmmm yes it Does! PM sent
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