Problem with US Art Gallery - Can I take them to Small Claims court from UK?
Ian R
gallery, for the sum of $170, plus $80 for insured UPS delivery to the
UK. When the parcel finally arrived in the middle of August, I was
aghast to see that the cardboard tubing had suffered considerable
crushing damage in transit. The sketch inside had also suffered
creasing damage, which although repairable, angered me greatly,
considering the amount of money I had paid to have it shipped from
America to the UK.
I immediately contacted the art gallery, who advised me to make a claim
with UPS. This I proceeded to do - the sketch was taken away and
inspected and later returned to me. Subsequently UPS approved my claim
and paid out $220 to the shipper (the art gallery), who really should
then have paid me the compensation money.
However, now the gallery have started to behave very awkwardly,
insisting that I return the sketch to them in order to claim the
compensation money. Then they said that UPS would 'seize' the sketch in
order to settle the situation. Confused, I contacted UPS myself and was
told that once the claim had gone through (in this case successfully)
they had no need to seize or retain the sketch.
Other customers of this art gallery have told me in confidence that
they are money-orientated and awkward to deal with. Now the art gallery
accuse ME of attempting to scam them, when in reality, the currently
have not only the money I originally paid for the sketch, but the
compensation money paid to them by UPS (as UPS have confirmed to me in
writing).
Since the art gallery had made it clear to me via email that they are
not prepared to pay me back the compensation money, I was wondering if
some knowledgeable individuals here could offer me some advice on what
would be the best course of action. Ideally, I would like to pursue
this issue in the American small claims court, but I'm unsure if this
is feasible as I'm based in the UK. Alternatively, could I pursue the
matter with either UPS or PayPal, since both companies have been
involved in this matter (I used PayPal to originally make the payment
to the art gallery)?
Finally, given the facts present above, could someone confirm for me
that I am legally entitled to ownership the insurance money as paid out
by UPS?
Many thanks in advance,
Ian R.
David Martel
Will the art company refund your purchase price? Will the art company pay
you for repairs to the damaged piece? I doubt that any court will order the
art company to pay more than the value of the art work for this damage.
I suspect that the expense of filing a suit across the Atlantic will make
legal action difficult. It would be better if you and the art company solve
this on your own. You are not entitled to the amount that UPS paid to the
art company.
Dave M.
Ian R
Thanks Dave for your quick response,
The art gallery will only refund the purchase price if I send the piece
back to them. This I am not prepared to do as I would like to keep the
sketch and get it repaired, which is why I filed a claim for
compensation with UPS in the first place.
It is extremely unlikely that the gallery would be willing to pay for
repairs to the drawing - they claim that they haven't even received any
of the compensation money, despite UPS telling me otherwise.
Finally, why do you suggest that I am not entitled to the amount that
UPS paid to the gallery? As the owner of the damaged piece and the
individual who made the claim, surely the gallery have some sort of
responsibility to refund me at least some of the insurance money?
Otherwise, they're left with a very hefty profit and I'm left with a
damaged drawing that I'll have to pay myself to get reapired.
Ian.
David Martel
Let's deal with your confusion about the shipping insurance. The art
company purchased insurance from UPS and named itself as the beneficiary.
Since the piece was damaged, and a claim was filed the company is entitled
to a payment. Notice that in this matter you are not mentioned at all. If
you return the art then the company will have to offer it to UPS since the
ownership of the piece will pass to the insurer when they pay off.
Now you paid for the art work, the shipping and the insurance. The art
work arrived damaged. You are entitled to the return of the purchase price
of the art work if you choose to return the piece. That is what your
insurance agreement with the art company bought. So, though you paid quite a
bit more than the purchase price you are only to get the purchase price.
Dave M.
Ian R
> Let's deal with your confusion about the shipping insurance. The art
> company purchased insurance from UPS and named itself as the beneficiary.
> Since the piece was damaged, and a claim was filed the company is entitled
> to a payment. Notice that in this matter you are not mentioned at all.
UPS paying the insurance to the shipper is something I can understand,
but since I paid the art gallery to send the artwork via insured UPS
delivery, surely (at least in a moral sense), that entitles me to some
of the compensation?
> If you return the art then the company will have to offer it to UPS since the
> ownership of the piece will pass to the insurer when they pay off.
I have been told by UPS (and I have this in writing) that they have
already paid the art gallery the $220 compensation money and that they
no longer have any need to collect or seize the artwork.
> Now you paid for the art work, the shipping and the insurance. The art
> work arrived damaged. You are entitled to the return of the purchase price
> of the art work if you choose to return the piece.
Why do I need to return the piece? UPS have told me they don't want or
need it, and I don't see why the art gallery should have it back in
return for the compensation money. In that event they would have
ownership of the sketch, plus the original amount of money that I paid
for it.
Ian.
Nancy
"Ian R" <ian...@yahoo.co.uk> wrote in message
news:1128063915....@f14g2000cwb.googlegroups.com...
Ian,
If I understand things correctly, you purchased 3 items from this gallery.
1. Artwork
2. UPS Shipping
3. Benefits of UPS Shipping Insurance
You have received items 1 & 2, but have not received item 3 and the gallery
is refusing to provide item 3 unless you comply with terms that were not
part of the original purchase agreement.
It appears you are being scammed (purposely or through ignorance) by the
gallery. Since you purchased the benefits of insurance through the gallery
acting as a reseller of UPS services, you are entitled to those benefits.
The cost of litigating this in small claims could quite possibly exceed the
amount you "might" receive in judgment but still may be less then ignoring
the principal of the action.
First, fax the gallery a politely stern letter that begins "At the direction
of counsel, I am attempting one last time to resolve..." and place "cc: Mr.
XXX XXX, Esq." at the bottom - where XXX XXX is the name of any attorney.
This is purely window dressing, but can be effective and doesn't hurt.
State in the contents of the letter the 3 items you have purchased and copy
them the documentation from UPS that item 3 has been transferred to their
control.
Tell them if they don't comply within 10 days, you will:
1. File a complaint with their states Attorney General for deceptive
business practices (they deceived you by not disclosing the hidden burdens
they have imposed on item 3.)
2. File a complaint with the Better Business Bureau (BBB - A US organization
that mediates and reports on business practices - the gallery doesn't have
to be a member) for same practices. And
3. Pursue any and all means at your disposal to recover what is rightfully
yours, including any attorney's fee's and costs afforded under US Law.
Fax this to them (put "Served via Fax" above their address line in the
letter.
I'd be surprised if this doesn't get you some of the $220.00. Don't call
them anymore, you want everything in writing. At this point, I wouldn't
even discuss things with them if they call you.
The only real question is how much of the $220.00 are you entitled to. (My
guess is only up to $170.00 possibly affected by the cost of repairing).
Clues to this answer will be in Why UPS paid $220.00 for a $170.00 item
along with the terms of the UPS insurance.
If you end up having to take them to small claims, laws differ from state to
state. In Indiana you would be required to file the claim in person or by
counsel and be in court either in person or by counsel.
After this is over, I'd also repost your story (sticking to the facts) in
several related news groups (art etc.) using the name and location of the
gallery so anyone searching for information on them knows how they do
business.
Not a lawyer.
hth
nan
David Martel
You do not have any sort of agreement or contract with UPS. That UPS
does not want this art work does not mean that you are entitled to it and
some money.
The art company sold you the art but it was damaged in shipment. You may
return it and receive your purchase price back. This seems fair (perhaps
not, see below). In that case the art company now owns this damaged work
since UPS does not want it. So they get some money ($220) and a damaged
(worthless?) work. This seems fair. If you don't return the art then you get
what you paid for at the price you agreed upon. This seems fair. The art
company, in this case gets the money you paid and the money that UPS paid
for this art. This seems to bother you but it really isn't your business. It
was the decision of UPS to not require the art company to turn over the
piece. This is the business between the art company and UPS. It does not
give you any special rights.
It is customary for you to pay for the return shipment out of your
pocket. You also have paid for the original shipping and for the insurance.
Whether you regard it as fair or not this is the normal practice in such
things.
I do understand your anger but suggest that you accept the fact that some
things in life may not be to your satisfaction. It's possible that UK law
does not work as I've described or there are international agreements
affecting this matter. Unfortunately hiring someone to advise you would be
expensive.
I'd return the art and never deal with this company again. Their notion
of customer service seems lacking.
Dave M.
David W.
news:5Cx%e.7589$q1....@newsread3.news.atl.earthlink.net:
> Ian,
>
> You do not have any sort of agreement or contract with UPS. That
> UPS
> does not want this art work does not mean that you are entitled to it
> and some money.
> The art company sold you the art but it was damaged in shipment.
> You may
> return it and receive your purchase price back. This seems fair
> (perhaps not, see below). In that case the art company now owns this
> damaged work since UPS does not want it. So they get some money ($220)
> and a damaged (worthless?) work. This seems fair. If you don't return
> the art then you get what you paid for at the price you agreed upon.
> This seems fair. The art company, in this case gets the money you paid
> and the money that UPS paid for this art. This seems to bother you but
> it really isn't your business. It was the decision of UPS to not
> require the art company to turn over the piece. This is the business
> between the art company and UPS. It does not give you any special
> rights.
>
What's fair about that? The OP has already payed for the artwork - it
doesn't belong to the gallery any more. They have no claim to the work or
the settlement from UPS - the OP owns the piece! The art gallery already
has the $220 the OP payed for the sketch (+shipping), and now they're
asking for the art back as well? I don't think so. I'm sure if this went
to court, the judge would order the gallery to turn over the UPS settlement
immediately.