ComplaintsforThe Rug Life LLC

• Initial Complaint

  02/14/2022

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  I purchased art work (a painting) through The Rug Life and paid for their packing service, as I needed my item shipped. The painting, a canvas only (no frame, no glass) measures 28inches x 36inches was loosely wrapped in one layer of bubble wrap, in cardboard that was fashioned as a box. The packing did not include: Protection for the paint surface (eg, plastic wrap, palette wrap) Indication that the item within was fragile Protection for the corners of the art (to minimize jostling in the shipping process) Given the inadequate packing job, the item arrived with considerable damage to the frame (one corner is completely cracked) and a 3" line where paint has chipped off. After contacting the seller, I was advised that I should have purchased insurance. How can insurance solve for a poor packing job? Further more, this was a low priced item ($***) and the starting price for the damages would exceed the value of the art itself. The seller insisted that the only path forward was for me to pursue correction of damages, and he would refund me $**. The solution here would have been a decent packing job, as I paid for.

  

  Business response

  02/15/2022

  Tell us why here...The client entered our estate auction and won a painting that she bid on. She chose to have us package the painting. She could have opted to have the shipper package this, but we are much cheaper. We charge a flat rate of $** to package a large painting like this, as opposed to a $**-$*** charge by the shipper.
  The client also knew that the painting was not framed, which would have given it more stability during shipping. Knowing this, she should have insured the painting for shipping, like most of our clients do. But again, she chose to go the cheaper route and not insure it. These shippers have this insurance to purchase, because they know that things happen during shipping. The client paid $***.** for the painting, but it was worth considerably more than that. She should have insured it.
  The painting was adequately wrapped and packaged correctly. 2 pieces of heavy duty, supporting cardboard were attached to either side of the painting. It was then bubble wrapped with 2 layers of large bubble, bubble wrap. It was then placed in a custom cut box made of heavy-duty cardboard. The clients description of how it was packaged is not true. We package all of our paintings the same and have had no complaints about this, up until now. It was obviously handled in a rough manner during the shipping. Unfortunately, this occurs too often in shipping, which is why clients should purchase insurance, which covers shipping damages.
  Further, our terms and conditions of our auction state the following (see attachment);
  Paragraph 1 states “All items are sold as-is. All sales are final. No returns. No exceptions.” 
  Paragraph 5 states “Shipping and insurance are the responsibility of the purchaser.”
  Paragraph 16 states “Shipping, insurance, packaging and handling of purchased lots is at the risk and expense of the purchaser. TRL shall not, under any circumstances, be liable for the loss, theft or damage to item(s), including, but not limited to selection of shipper, the acts or omissions of any shipper or the acts or omissions occurring in packing for shipment.”
  The shipper used by the client offers up to $** insurance for every package, whether the client insures it or not. We told the client to contact the shipper and collect that $**. We also stated that if she chose to have the painting repaired, we would pay (up to) another $** towards this repair, up and above the shippers $**. But we would only pay this once the repair was finished, and when she provided us with a bill of such repair. Between the shipper’s insurance of $**, and our additional $**, that’s $*** towards repairing the painting.
  The client states that “Further more, this was a low priced item ($***) and the starting price for the damages would exceed the value of the art itself.” I find this hard to believe. And why hasn’t she provided a written estimate for repairing this damage?
  In closing,
  The client should have insured her package. This would have covered damage from the shipping. She refused to do so, like most of our clients that ship artwork.
  The painting was adequately packaged and should have been fine. It was obviously the shipper that caused the damage, not us.
  The terms and conditions of our auction (paragraphs 1, 5 and 16) make it clear that we are not liable and that she is not entitled to a refund.
  Despite 1-3 above, we have still offered $** towards the repair of the painting.
  Our offer remains in effect, and it is the only offer that we will make.

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