Misleading color, fracturs, repairs and value for marble sculpture
Nov. 8, 2021 Update for this Dispute:
The total disputed amount was $6,561.34 including Unicart's commission, freight from Rome, Italy to Los Angeles, USA. After a long painful, stressful, very upset months of the dispute process, under the mountains of evidence and facts for law, Unicart change attitude and position from denying their responsibilities, accusing buyer's wrong doing, misleading buyer's legal responsibilities, and harassment to: "Unicart has agreed to waive any claim and has decided to leave the sculpture to you Free of Charge".
This item is more than 300lb. This item shipped to me from Rome, Italy to Los Angeles, USA. The consumer law is that seller must pay for item return shipping cost if the item was not same as showed in selling pictures and description. I have asked the condition of this item before auction, nothing was disclosed. This auction house do not verify the accuracy of item pictures and condition and take profits for selling it. Nobody will buy from them.
The auction date was : Sept. 15, 2021 lot 76 Nude of Woman. Description: NUDE OF WOMAN White marble sculpture depicting a young woman undressing (20th century). Well finished in detail. Size: 114x55x40cm. Good condition - used with small signs of aging & blemishes.
Their response to my dispute listed below: we don't see the sculptures live, customer insert with photos and description. We are not responsible for the photos of objects but it's the seller himself. Our earnings are only the commission. We offer 600 euros to remove the stains. Shipping costs back are your responsibility, the sculpture must be packaged as it arrived and any breakage in addition to those shown on the photos will be at your expense.
The following are the misleading and misrepresenting issues:
1. From all the pictures (attached some) you published show creamy white color for women's body. The item received is ash grey, cement grey color for the body part. This causes a totally different appearance and value for the marble sculpture. (Please see attached picture)
2. The whole sculpture covered with deep stains penetrated deep into the stone surface. Your pictures did not show the severity for these defects which could severely reduce the value for this item. (Please see attached picture)
3. You did not disclose a large visible repaired fracture on the right side of the back and front stone cloth. And it was not visible in your pictures. (Please see attached picture)
4. You did not disclose there are five old and new fractures (cracked surface) shown on the surface on the women's left side leg from 2' to 6' long which could severely reduce the value for this item. (Please see attached picture)
5. You did not disclose there are another four fractures (cracked surface) shown on the surface on the women's left back leg bottom from 1.5' to 4.5' long which could severely reduce the value for this item. (Please see attached picture)
6. You did not disclose the visible patching repair on the back bottom of the stone cloth. (Please see attached picture)
7. You did not disclose the deep scrapings onto the surface of the front top stone cloth surface and caused the loss of stone surface texture matched to the rest of the stone cloth appearance. This damage would severely reduce the value for this item. (Please see attached picture)
You, as an antique auction dealer, can easily find these problems and honestly disclose them to buyers. These problems would affect my buying decision and assess the value of the item. You mislead me.