Art on a Whim

Purchase a framed print of a painting to be shipped to Czech Republic for Christmas. Painting never arrived at destination.

November 27 2012: My wife and I went to Art On a Whim Gallery. We spoke to the owner Dena about a framed print of a painting. She told us the price was $95. We mentioned we wanted to send it to my mother in law in Czech Republic so she looked up how muc hit would cost. The price was too high for us so we started to leave and told her we would think about it. At this point I was fine with not buying the picture. Her son Ross continued to search for shipping options and told us he could do it for $127. Dina gave us a quote on a business card for $127 dollars shipped. We left and told them we would think about it. On December 6 I called and made the purchase for $127 including shipping. They were confident it would arrive before Christmas. The picture stil has not arrived as of 02/11/13.

I spoke to the owners several tims over e-mail and phone to discuss the situation. They were reluctant to give me a refund. They offered me $46. This must be the cost to them but I am at a loss of $127. They offered me another painting but I had already spent money on a replacement gift and shipped to my mother in law. I have no use for a painting and after the arguements that painting would only remind me of this bad experience.

How it would ship was never discussed. At first they told me I would get thir shipper's discount. The shipment went though US Postal Service and the merchant did not get a tracking number due to the low rate. I didn't see a problem with this since I thought they were a professional gallery and mut know what they are doing. I have also been shipping gifts to my wife's family in Czech Republic for over 10 years though US Postal and never had an issue. Sometimes sending packages with higher value than $127 as well and larger than this picture. They always arrived in a reasonable time.

When I asked more the merchant sent me an e-mail stating, "Unfortunately when I asked about it when I dropped it off they said for that price we basically had to cross our fingers and pray it arrived."

This is crucial to my case as that statement should have been a RED Flag for the merchant not to ship. I realize that I accepted the shipping method, however if I was told to "pray it arrived" by the Postal Service I would not proceed. I believe the Merchant used poor judgement to make the sale. I would have been fine with not sending it but from the start the purchase was contingent on it being shipped.