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Art on a WhimAdditional Locations
Phone: (970) 547-8399 Fax: (970) 547-8399 100 N Main St #108, Breckenridge, CO 80424
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Reason for Rating
BBB rating is based on 16 factors. Get the details about the factors considered.
Factors that raised the rating for Art on a Whim include:
- Complaint volume filed with BBB for business of this size.
- Response to 1 complaint(s) filed against business.
- Resolution of complaint(s) filed against business.
- BBB has sufficient background information on this business.
Customer Complaints Summary Read complaint details
|Complaint Type||Total Closed Complaints|
|Problems with Product/Service||0|
|Total Closed Complaints||1|
Customer Reviews Summary Read customer reviews
|Customer Experience||Total Customer Reviews|
|Total Customer Reviews||0|
Type of Entity
Limited Liability Company (LLC)
Business ManagementMr. Brian Raitman, Owner
Art Galleries, Dealers & Consultants
THIS LOCATION IS NOT BBB ACCREDITED
100 N Main St #108
Breckenridge, CO 80424 (970) 547-8399 Directions
THIS LOCATION IS NOT BBB ACCREDITED
PO Box 1418
Breckenridge, CO 80424
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Complaint Trends - Last 3 Years
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Read Complaint Details
Complaint: 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.
Desired Settlement: I am seeking a refund from the Merchant of $127. This is the amount I paid for an item that was never delivered to its destination. Had the merchant offered me the original cost less the shipping which was $95, I would have been fine. However they were reluctant to do anything until after several heated exchanges over the phone. As stated abouve $46 dollars was unresonable. They later offered me another print but since this was not for me I have no use for it. Art is supposed to make you feel good not miserably remembering situations like this. It is an unfortunate situation. But the merchant I feel made a wrong decision to ship after being told it may not arrive.
Business Response: Business Response /* (1000, 5, 2013/02/12) */ The customer was offered numerous shipping methods, all of which came with delivery confirmation. The customer declined all of these options, so we informed the customer that we could ship it via USPS parcel service for a price that was amenable to him, but that it was not our preferred method and that it came with risks, as it was not a very reliable service. The customer stated that he had shipped to the address in question many times using USPS and was comfortable using that service. As such, we proceeded with shipping the piece using the service the customer requested. According to the customer the piece was never received in the Czech Republic, meaning the piece is still stuck in customs, was lost in transit, or we are being deceived and it has arrived. The client on more than one occasion tried to claim we didn't even send the piece, which is absurd. The piece was shipped a few weeks before Christmas as requested, and we have documentation to prove this. Our gallery's policy is posted in plain view on our desk. it states, "Return policy: No returns, but we will gladly do exchanges." This is a standard practice for small businesses such as ourselves. Out of good faith, we offered to refund the client our cost of the piece (the artist had already been paid for her work), or to provide a replacement piece free of charge. As this was a lost piece due to the customer's preferred shipping method, a method in which he stated his confidence in, and the packing and shipping charges had already been paid, the client was not offered shipping costs back. We would have never shipped using this method, but did so because the client stated his confidence in the chosen shipping method. We tried to replace the missing piece out of our own pockets and the client refused. Business Response /* (1000, 7, 2013/02/12) */ The client filed a complaint with his credit card company to dispute the charge on his card. After speaking with the merchant services, I was told the client claimed we never shipped the piece. This is a blatant lie, as the attached documentation shows. The client was warned of the risks with using his preferred shipping method. He stated he had shipped to that address many times using that exact shipping method, so we proceeded with the sale to appease the client's wishes. After some time passed and he still claimed the piece had not arrived, he was offered a replacement and refused. Consumer Response /* (3000, 9, 2013/02/13) */ (The consumer indicated he/she DID NOT accept the response from the business.) I purchased a framed picture from the gallery which they said they could ship. At first they told me I would be getting thier shipper's discount. It was the gallery that made me feel that I could get a better deal by shipping through them. In the end they shipped through US Postal which I did agree to as I have never had issues before. I also felt confident that the gallery knew what they were doing and would make sure it arrived. The package did not arrive. I am not falsly trying to get a refund. I am not lying. When I discussed a refund I was offered $46 of the $127 which I paid. I was later told that the artist autorized them to offer me a new picture. I declined as for one it is not the artist responsibilty and she should not take a loss. Also I paid them for a picture to be shipped and the package never arrived. In an e-mail after I told them the package had not arrived I was told that the postal worker said to them to "cross your fingers and pray it arrives". This was a point where the gallery should have determined it is not a good idea to proceed. I am also attaching a document with the information I profided the credit card company. Counter to what was stated by the gallery above, I did not accuse them of not shipping. My complain was that I purchased a package to be shipped to a location and it never arrived. I believe they were neglegent by shipping when they were told to pray it arrived. By giving me a new picture does me no good as I would have to ship it myself. The night we first entered the gallery we discussed this with the merchant and felt it would be too expensive for us to ship. The merchant made us feel they could get it there cheaper. I could have done what they did. I sent 3 other christmas packages at that same time to the same place. However if the postal worker told me to pray it arrived I would not have gone forward. Please read this statement and also the attached file. To put this behind all of us I will accept the original $95 which was the cost of the painting and waive the shipping charge. This should be more than reasonable to the merchant. Business Response /* (4000, 11, 2013/02/21) */ As the customer stated, he chose to have us ship the framed print through the US Postal Service. He was presented with several different shipping options yet he opted to not pay for delivery confirmation in order to save money. We have used the postal service many times in the past without a problem. However, we did warn the customer that shipping without delivery confirmation was not our preferred method of shipping. His choice to not pay for delivery confirmation came with inherent risks. It meant that the package would not be trackable and that if the package were lost the postal service would not be able to find it. After being informed of the risks he was taking in selecting his preferred shipping method the customer still decided that this would be the way in which we would ship the framed print. As soon as we shipped the piece by using the customer's preferred method we fulfilled our obligation to the customer. The customer's statement regarding the artist authorizing us to offer a replacement piece is 100% incorrect. The replacement piece would have come out of our pocket, not the artist's. She never authorized us to make this offer. We made the offer out of good faith to appease the customer. He also said, "We do have our eye on another of ****'s paintings for ourselves so you will probably see us again over Christmas weekend." Therefore, we thought we would fulfill his desire to have a painting for himself while waiting for the piece we shipped to the Czech Republic to arrive. Both a sign in our gallery and a portion of our website state that we do not offer returns, but we will offer exchanges. We were (and are) willing to offer the customer a free replacement piece or a refund of $47 in cash in good faith because we are sorry that the postal service let him down. This is the first time in over five years that a customer has complained about our customer service. The customer was certainly welcome to ship the painting himself. He was never pressured into making the purchase. In fact, he thought about making the purchase for a week and a half before calling the gallery to place his order. We never contacted him between the time that he first came into the gallery and the day that he decided to make his purchase. While mulling over his options, he had been given our advice on how to ship the framed print and the different pricing options that were available to him for shipping. We contacted the postal service several times to ascertain the status of the package. Unfortunately, since the customer did not pay for delivery confirmation, they were unable to provide any information. Their statement regarding only being able to hope that the package arrived was made after we paid for the shipping charges and in regards to our asking how to track the package. They informed us that had the customer opted to pay for delivery confirmation it would be a much more secure shipment. This was explained to the customer before he even made his purchase, when we were describing the shipping options that he had available to select from. As of this date, we are merely assuming that the painting did not arrive. We can prove that we shipped the painting according to the customers desires, thereby fulfilling our obligation, but we are left to trust the customer's word that it never showed up. If indeed the package is lost, the responsibility falls on the postal service, not our business. They failed to deliver on a service that we paid them for. We never failed to deliver on our obligations to our customer. Rather, we shipped the framed print that he paid for using the shipping method that he preferred. As such, his issue is clearly with the postal service, not with our business. Consumer Response /* (3000, 19, 2013/03/12) */ I do not consider this case resolved. Not once since I have started this case has the merchant tried to contact me to resolve this issue. My complaint stands and I still believe I deserve a cash refund. As was stated to me by Marcy Sharf at BBB the dispute has become a he said she said type situation. The facts remain in the writing in the e-mails I sent that the Merchant was negligent on 2 counts. First was that when they were told by the postal employee that they should pray it arrived. They were not concerned with the customer's interest at this point to make a decision not to proceed. Second when they filled out the customs form they made the error of putting my name instead of their name since they were the shipper. As was stated to me at my local post office the signature and the sender name must match. Also to my face in person Brian told me and my wife they would have to contact the artist to see if she would do a refund. This is one reason I don't accept the replacement painting. The other is I already bought and shipped another present after Christmas to replace the gift that did not arrive. I have no use for a painting for myself that will always remind me of this awkward situation. This merchant has twisted the truth and lied to protect themselves and tried to have the artist bail them out. My complaint still stands to see a cash refund of at least the cost of the painting which was $95. Business Response /* (4000, 21, 2013/03/15) */ First our merchant processor considered this case resolved by crediting the amount of the sale back to our account, rather than overturning the charge for Mr. Gioacchini. Second, two days ago we received an email from the Better Business Bureau stating, "Thank you for helping to build customer confidence and loyalty by working with BBB on the recent dispute sent to your business. Because BBB has not received a response within the allotted time from your customer in regard to your proposed solution, the case is now assumed resolved." Finally, we too consider this case resolved. Having been falsely accused (again) as liars by Mr. Gioacchini we continue to be unwilling to refund the $95 he is asking for. As stated in our last communication, if anyone is at fault in this situation it is Mr. Gioacchini for disregarding our advice to pay for delivery confirmation or the Postal Service for losing the package. As has been stated many times, we fulfilled our obligation to Mr. Gioacchini when we shipped the package. We were very reasonable in offering Mr. Gioacchini a replacement piece at our cost, not the artist's. We continue to be dumbfounded by his incorrect insistence that we ever asked the artist to cover the cost of a replacement or refund. That is simply not true. Our response to Mr. Gioacchini's previous letter summed up every aspect of this case. As stated above, if both the merchant processor and the Better Business Bureau consider this case resolved, so do we. Consumer Response /* (4200, 23, 2013/03/19) */ (The consumer indicated he/she DID NOT accept the response from the business.) My position stands and it is up to the BBB if they feel it necessary to proceed. The emails I provided are enough to show negligence. The merchant owes me $127 for failure to use reasonable judgment. I said I would accept the cost of the painting at $95. For the position they have taken and the lies they have spoken I cannot accept their resolution. Their resolution being "we will do nothing". How is this acceptable? How can you as a business owner take such a stance and expect to be successful. I say not only do you owe me $127 but you also owe me a huge apology.
BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.