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1st Art Gallery

(888) 417-82788721 Santa Monica Blvd # 1420, Los AngelesCA 90069-4507http://www.1st-art-gallery.com

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BBB Accreditation

1st Art Gallery is not BBB Accredited.

Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.

To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditation review/monitoring and for support of BBB services to the public.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that lowered 1st Art Gallery's rating include:

  • Length of time business has been operating.
  • Failure to respond to one complaint filed against business.

Customer Complaints SummaryRead complaint details

3 complaints closed with BBB in last 3 years | 0 closed in last 12 months
Complaint TypeTotal Closed Complaints
Advertising / Sales Issues1
Guarantee / Warranty Issues1
Problems with Product / Service1
Billing / Collection Issues0
Delivery Issues0
Total Closed Complaints 3

Complaint Breakdown by Resolution

Complaint Resolution Log (3)BBB Closure Definitions
05/01/2013Advertising / Sales Issues | Read Complaint Details
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Additional Notes

Complaint: This company engages in false advertising and harassment. The website says "free shipping," implying that the cost of shipping is $0, and that the total charge is for the product only. They also say "100% Money Back Guarantee," implying that, when you return the product, you get 100% of the money back. Yet, when I returned a low-quality painting, they withheld $45 fro my refund. They said that they withhold the "actual" shipping price ("actual" as opposed to what?), and that this is "clearly" stated on the website. First, this policy is not listed under the "terms and conditions" link, or on the purchase page (where one enters credit card and shipping information). Second, it is only listed under a series of obscure links, and it's also listed on the product page, but to get to the information, one has to click a tab that says the opposite, "100% Money Back Guarantee." Obviously, no one is going to click a link that says 100% money back guarantee to find out whether in fact they don't give 100% of your money back. Second, in contract law, a term that is inconsistent with the express term (100% money back guarantee and free shipping) must be made very clear, but in this case, the unusual term (withholding the money) is buried in contradictory links or chains of links that no reasonable person would look through. I tried calling their customer service phone number, but they don't seem to have a real call center - you always get the message that all the reps are busy, and they you have to leave a message. No one calls back. Furthermore, I reported this on a scam website, and the customer service rep (ironically named) now sends me harassing emails multiple times a day, threatening me and insulting my intelligence. It's to a degree that makes me think he's mentally unstable. They should be shut down for both the scam and the harassment.
Product_Or_Service: reproduction of a Turner painting
Order_Number: XXXXXXXXX
Account_Number: n/a

Initial Business Response
Our refund policy is stated on each and every page on our website, more than 300,000 times. This customer is mentally disturbed, he already received a refund and last time we contacted her was 12 days ago.

Complaint Resolution: Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB.

04/08/2013Guarantee / Warranty Issues | Read Complaint Details
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Additional Notes

Complaint Category: Failure to honor money-back guarantees

Complaint: 1st Art Gallery guarantees refund on website but refuses to refund order for painting that was two months late.
Placed order on Jan 1st, 2013 (Order #XXXXXXXX). Was told expected arrival date was Jan 30th. Then that was moved to Feb. 7th - but it was a large painting so it made some sense it could be a little later. On Feb 22nd, still no update on when painting would be done, so I asked them and they promised it was done but they just needed to send me a photo. On Feb 27th, I had still heard nothing so I emailed again asking if it would be done soon. I was told it would be shipping out "next Tuesday" which would be March 5th. On March 8th - I said it was too ridiculous I had neither received the product nor any updates and I said I would cancel my order if it didn't ship immediately, as I had no use for it now.

***** responded on March 9th: "Thank you for your email. If it isn't ready by the end of this week, we will refund you and FIRE the painter who received this commission."

Being generous, that meant It should be ready by March 15th. On March 21st, I sent the following email: "Still no painting. At this point we have two options: 1) The order is cancelled and I am refunded immediately. 2) You refund 50% of the order cost as mea culpa and ship the painting immediately. Nothing else is really acceptable at this point. The original 'latest' date I'd receive the painting by was the end of January it is now nearly the end of March. Please let me know how you would like to proceed."

I received the following response on March 22nd: "2) You refund 50% of the order cost as mea culpa and ship the painting immediately. is fine. Will do so."

Shortly after that ***** sent: "**** was not authorized to approve a refund of 50% with no reason... I'm now checking with the studio manager, I should have a date for shipping within 24 hours. If not - then we will refund you."

To which I replied: "Well - as I said earlier - there were only two options. If you can't do the partial refund, please issue a complete refund and keep the painting, as we discussed earlier in this frustrating and disappointing process."

***** responded, refusing to refund me: "You ordered from us a handmade painting, which I admit should have been delivered to you many weeks ago, but that doesn't mean that you as a customer can tell us how to run our business and what 'our options are'. What is this, the Italian mafia? I'm still waiting for the studio manager to get back to me, I'll either have a tracking number for you, or a refund."

My response still on March 22nd: "Please confirm refund today (per your email on march 8: Thank you for your email. If it isn't ready by the end of this week, we will refund you and FIRE the painter who received this commission) or ill just dispute the charge and you can deal with the credit card company instead. I'm not the mafia, just a disappointed customer who was trying to give you a way to keep my business."

On March 23rd, the day AFTER I had requested the refund and told him I didn't want the painting, ***** ships me the painting.

I sent this email to *****: "*****, I have tried to be as clear as possible in my correspondence with you. Yesterday I clearly asked for the refund that you offered me on March 9th. Instead, you ignored my email and shipped the painting. Since it appears we are not communicating effectively, I will be disputing the charge with my credit card company and refusing delivery of the painting."

Today, March 27th, ***** threatened me with legal action: "This is going to our legal department, you are going to be sued for credit card fraud, and you will pay not only for the painting but for the legal costs as well. We have proof that you ordered the painting and proof that you refused delivery, this goes against our term of service which you agreed to when you placed the order. You have 24 hours to re pay for the painting and accept it, or criminal charged will be filed against you."

Initial Business Response
The painting was indeed sent a few weeks later then expected, but now the customer is using that to try and blackmail us to receive a free painting. Meanwhile, his painting was shipped and he refuses delivery of it. The tracking number is :

XXXXXXXXX and you can track the package here:

*************************************************

You can see that the painting is being held by the shipping company and that the customer REFUSES the delivery.

What kind of a sick twisted person complains about not receiving while refusing to accept it ?????





Initial Consumer Rebuttal
(The consumer indicated he/she DID NOT accept the response from the business.)
The painting was months, not weeks, late. I'm not sure how requesting a refund that was offered in writing and guaranteed on their website is blackmail. I don't want the painting - it's too late. I want a refund. It appears this page on their site is just for show: ************************************************

I refused delivery because I told them I didn't want the painting anymore, and simply wanted a refund. I told them this BEFORE they shipped the painting, and told them if they did ship it, I would refuse it. As far as I'm concerned, we're done here - since they refused to refund the money, I issued a chargeback through the credit card company. I am sure happy customers exist from this company, just hope you're not the one of the ones where something goes wrong.

As an aside, ***** is quite possibly the worst customer service rep I have ever dealt with - although it's not clear he actually is one (I'm thinking after all our interactions that he's the owner or manager?). He has consistently called me names and threatened to sue multiple times as soon as I requested a refund. For everyone's future reference, the company appears to have only two people who interact with customers (***** and ****), and operations are based out of Panama (presumably to avoid taxes). The paintings are made in China, which is fine except I'm assuming this is probably the reason they weren't able to give me any update on the status of the painting for two months.

Complaint Resolution: BBB determined the company made a reasonable offer to resolve the issues, but the consumer did not accept the offer.

08/04/2013Problems with Product / Service | Read Complaint Details
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Additional Notes

Complaint: On January 3rd, 2013 I ordered a reproduction painting that was charged to my american express credit card in the amount of $875.20. I received an order confirmation email with order #XXXXXXXX on January 3rd, 2013.On January 22, 2013 I was sent an email from **** at(*******@1st-art-gallery.com) with attached image of the painting for my review and approval to ship the painting. After review of the emailed image of the reproduction painting I was not 100% satisfied with the result. The painting is titled "The Fountain of Youth" by ***** ******* the Elder. The reproduction painting did not even have water flowing from the fountain which is the focal point of the painting. As per the web site policy I requested modifications be done to the painting via email on January 22, 2013. On January 24, 2013 I received an email response from **** at (*******@1st-art-gallery.com) that the painting will go to the artist for improvements. On January 30, 2013 I received an email from **** with image of the painting. Again, I was not 100% satisfied with the painting and I emailed **** on January 30, 2013 not to ship the painting and to refund my AMEX in the amount of $875.20. I tried on several attempts to contact 1st-Art-Gallery via the phone number listed on the web site but always get the automated system directing contact be made via email. Since January of XXXX Xst-art-gallery has sent me several emails, addressed from people only giving first names (****/ *****, trying to convince me to have the painting shipped. I have expressed in several email responses that I was not 100% satisfied and did not want the painting shipped. On February 6, 2013 I emailed "*****" at *****@1st-art-gallery.com that I had notified AMEX Platinum card services regarding the issue and that AMEX had instructed me to inform him that they would be handling the issue going forward. I contacted AMEX Platinum card services on February 6, 2013 and filed a dispute. The inquiry number is WQXXXXX with AMEX.I received an email response from ***** at 1st-art-gallery on February 6, 2013 saying "...Fine, we will forward this issue to our legal department, the moment Amex will take the money back from us - we will sue you for credit card fraud. I hope this is clear. We will sue you for the cost of the painting, legal expenses, and damages." I did not respond to that email and have not replied to there repeated generic emails to "review and ship" the painting. Today, April 13, 2013 I received yet another email from ***** at *****@1st-art-gallery.com stating "....We will be posting online your name and address, and other contact details. to make sure that other companies know not to deal with you. Waiving your "American Express Platinum" rights to cancel an order, even that this was handmade oil painting which was custom done by you by a real person for more than 3 weeks x 8 hours a day - is absolutely sick. Only a sick twisted mind would do something like that."I am writing this complaint because I feel threatened by 1st-art-gallery with their repeated emails to me.
Product_Or_Service: Reproduction Painting
Order_Number: XXXXXXXX

Complaint Resolution: Company failed to respond to BBB to resolve or address the complaint issues.

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Additional Information

top
Business started: 07/20/2009
Number of Employees

1

Business Category

Internet Shopping

Alternate Business Names
1st-Art-Gallery.com

Map & Directions

Map & Directions

Address for 1st Art Gallery

8721 Santa Monica Blvd # 1420

Los Angeles, CA 90069-4507

To | From

LocationsX

1 Locations

  • 8721 Santa Monica Blvd # 1420 

    Los Angeles, CA 90069-4507

Industry Comparison ChartX

The information in the table below represents an industry comparison of businesses which are of the same relative size. This is based on BBB's database of businesses located in the Counties of Los Angeles, Santa Clara, Santa Cruz, Monterey and San Benito. Businesses may engage in more than one type of business. The percent of time the business engages in a type of business is not accounted for. There is no known industry standard for the number of complaints a business can expect. The volume of business and number of transactions may have a bearing on the number of complaints received by BBB.

*1st Art Gallery is in this range.

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  • Billing or Collection
  • Problems with Products or Services
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  • Guarantee or Warranty

We do not handle workplace disputes, discrimination claims or claims about the quality of health or legal services.

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