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Can I get my money back for a sub-standard product bought from the USA?

I bought an oil painting imitation of a Klimt favourite of mine, from overstockart.com, based in Wichita. When it arrived it turns out to be a laughable daub bearing little relation to the original nor even the one shown on their website. 

See below: firstly the one shown on the website which I believed I would receive; secondly a screen-shot of Gustav Klimt’s original and thirdly, what arrived! What a shocker! 

I paid with my Monzo Mastercard Debit Card. 


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Comments

  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    If you paid by debit card your best bet is probably to try a chargeback and argue that it's not as described. 

    Problem is that that is a bit of a subjective question.  You think it's not as described.  I think it's not as described.  But your bank might disagree.

    If you bought form a USA website I presume the purchase will be governed by wharever consumer protection laws operate in Wichita.  The T&Cs on the seller's website should say what legal jurisdiction covers the purchase.

    Obviously, enforcing US consumer laws (if there are any in Kansas or wherever it is) from the UK would not be easy.

    So try a chargeback
  • born_again
    born_again Posts: 21,408 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Add in you will have to return the product. Unless you can prove they are refusing to take it back.

    Looks like the 1st pic is a lower resolution picture of the real one & the one you got is even lower.
    Life in the slow lane
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    Add in you will have to return the product. Unless you can prove they are refusing to take it back.

    Looks like the 1st pic is a lower resolution picture of the real one & the one you got is even lower.
    It has nothing to do with resolution; they are different paintings.
  • sheramber
    sheramber Posts: 23,152 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    From what I read they produce an oil painting copy of the original.
  • born_again
    born_again Posts: 21,408 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Ath_Wat said:
    Add in you will have to return the product. Unless you can prove they are refusing to take it back.

    Looks like the 1st pic is a lower resolution picture of the real one & the one you got is even lower.
    It has nothing to do with resolution; they are different paintings.
    Fair point as they are hand painted.

    https://www.overstockart.com/painting/landscape-with-birch-trees&option_id=6144

    • Hand crafted means unique to every owner. Each canvas reproduction may vary slightly in brush details due to the nature of being hand painted so no two paintings are the same.
    Life in the slow lane
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    Are you sure you have the Klimt original in there?  If I google it I don't get any of those.  What I do get has a lot more in common stylistically with the one you received than with the other two.
  • sheramber
    sheramber Posts: 23,152 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 4 May 2022 at 8:57PM
    Serious question:  even if I've seen the original in whatever gallery or collection it's hanging in, how do I know that any particular image off the internet is an image of the original?  (A question that applies to any painting).

    For example, I know that A Bar at the Folies-Bergere is held at The Courtauld because it's one of the first paintings I was introduced to 40 years ago and I've seen it umpteen times.  So I think I have reasonable grounds to believe that this is an accurate image of it:

    A Bar at the Folies-Bergère - The Courtauld

    But if I don't know where a painting is held, how do I know that any particular image that a Google search throws up is an accurate image of the original work?
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    sheramber said:
    Yes, that is clearly not the same as the second image, which the OP says is the original.  It's more like the third, which he received, although it's obviously much better, but it's a genuine oil painting for $150 so, you know.  It's not going to be as good as an original from an artist whose work can fetch 7 figures.
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    edited 5 May 2022 at 12:10AM
    Serious question:  even if I've seen the original in whatever gallery or collection it's hanging in, how do I know that any particular image off the internet is an image of the original?  (A question that applies to any painting).

    For example, I know that A Bar at the Folies-Bergere is held at The Courtauld because it's one of the first paintings I was introduced to 40 years ago and I've seen it umpteen times.  So I think I have reasonable grounds to believe that this is an accurate image of it:

    A Bar at the Folies-Bergère - The Courtauld

    But if I don't know where a painting is held, how do I know that any particular image that a Google search throws up is an accurate image of the original work?
    Well it's like anything else- it depends how much you trust the site it appears on.   That's from the Courtauld's website so you would assume it was the correct image.  If it's from etsy, you would have no such conviction.

    My google above threw up a lot of different images, the one that I put most trust in appeared in a  couple of places, probably most notably Sothebys.

    (#10) Gustav Klimt (sothebys.com)
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