Park West, Onboard Auction and Gallery

[PaulDE_cruiser]

Have you had a bad experience with Park West?

 

We bid on and bought a picture, but were sent a different picture by mistake. In fact we bought three complementary pictures, but two of the pictures we received were identical. I have asked them to send the picture we wanted, but they are asking for hundreds of dollars to do so. The picture they have not sent is the one we bid on at auction (and later added two other pictures). Even though we bid on it and paid for it, they point to the error on the invoice and the fact that I signed it. On the invoice, one of the pictures is listed twice at different costs.

 

My view is that I agreed a price at the time, and the works of art I was buying were in front of me, and these should have been sent to me. They continue to quibble about the "Terms of Sale", so check everything carefully before you sign.

 

I will let you know how I get on, but would love to hear from you about how honest and transparent Park West have been with you.

[setsail]

Put "park west" in the search feature and you will get 20 pages of stuff dating back 10years

[willing292]

Contact royal to help with your problem.

[caseymorgan]

At best art bought on cruise ships is just overpriced. Often it is a print being passed off as original. If you want to buy art research it on dry land and make educated purchases. Park West appears to have cleaned up their act a bit over the years but I don't go near their auctions at sea...

[SelectSys]

My only experience with on board art was "winning" a print. Only cost me $50.00 to get it home.

[SheehanDJ]

Complaining will get you no where.

 

I've never dealt with Park West, however since you already talked to them and they pretty much said no via the terms of sale, check the back of the invoice for anything that talks about dispute resolution. Hopefully it says "Arbitration" somewhere.

 

If it does there may be an address of the arbitrator, if not you will have to call them again to get said address and better a phone number. Contact the arbitrator and see if they are willing to arbitrate remotely and/or via written statement, as it is doubtful their location is close to you. If they are, there is hope. If not you might as well hang it up as travel would probably cost more than the few hundred more Park West wants.

 

If they will. Have anyone who was present with you (ie spouse, friend, whatever) sit down SEPARATELY and write down what happened. DON'T try to "get your stories straight". Don't be emotional, just state the facts with names, dates, and times and what you think would be a fair resolution to the problem. Get these documents notarized (your bank will do it for free usually) and mail them to the arbitrator.

 

Fair warning, arbitration can be used against you. In example if the arbitrator decides you owe Park West $5000, Park West can sue you for $5000 and they will win in court. You can't just say "oh, never mind" if arbitration goes against you. I know this isn't the case in every circumstance, I have no idea what the "law" is regarding it. I just know arbitration is legally binding and can end up worse than where you started.

 

So to be more directly related to your post, it wouldn't surprise me if the arbitrator told Park West to send you the picture you bought and told you to send Park West their normal shipping fee, $50.00 I think someone said along with the unwanted picture back, probably another $50.00 to package how they demand. Then you and Park West would split the cost of the arbitrator (as you both were "wrong"). If this is how it turned out, Park West could drop the picture in the mail and then you would be required to hold up your end. You couldn't back out of the deal and keep what you have now.

[yogimax]

Paul, I see this is your very first post. Welcome to Cruise Critic. The invoice you show is certainly not the full invoice. Could you post the complete invoice?

[riclop]

Have you had a bad experience with Park West?

 

We bid on and bought a picture, but were sent a different picture by mistake. In fact we bought three complementary pictures, but two of the pictures we received were identical. I have asked them to send the picture we wanted, but they are asking for hundreds of dollars to do so. The picture they have not sent is the one we bid on at auction (and later added two other pictures). Even though we bid on it and paid for it, they point to the error on the invoice and the fact that I signed it. On the invoice, one of the pictures is listed twice at different costs.

 

My view is that I agreed a price at the time, and the works of art I was buying were in front of me, and these should have been sent to me. They continue to quibble about the "Terms of Sale", so check everything carefully before you sign.

 

I will let you know how I get on, but would love to hear from you about how honest and transparent Park West have been with you.

 

I hope you learned your lesson.

[Coralc]

Have you had a bad experience with Park West?

 

We bid on and bought a picture, but were sent a different picture by mistake. In fact we bought three complementary pictures, but two of the pictures we received were identical. I have asked them to send the picture we wanted, but they are asking for hundreds of dollars to do so. The picture they have not sent is the one we bid on at auction (and later added two other pictures). Even though we bid on it and paid for it, they point to the error on the invoice and the fact that I signed it. On the invoice, one of the pictures is listed twice at different costs.

 

My view is that I agreed a price at the time, and the works of art I was buying were in front of me, and these should have been sent to me. They continue to quibble about the "Terms of Sale", so check everything carefully before you sign.

 

I will let you know how I get on, but would love to hear from you about how honest and transparent Park West have been with you.

 

Welcome to Cruise Critic! :D There have been previous complaints about Park West Galleries.

 

Apparently they are now located in Michigan.

 

Park West Gallery

29469 Northwestern Highway

Southfield, Michigan 48034

 

Customer Service Hours

9am-6pm Monday-Friday

11am-6pm Saturday

Closed on Sunday

Contact Customer Service

(800)-521-9654, ext. 1

(248)-354-2343 (International)

custsvc@parkwestgallery.com

(248)-353-7270 (Fax)

 

If you are unable to resolve your dispute with Customer Service, I would also suggest that you file a complaint with the State of Michigan Attorney General. The link to his webpage is here:

 

http://www.michigan.gov/ag/0,4534,7-164-17337---,00.html

 

I can only add that you are probably not the only person that has had problems with the company.

[nbcruiser2]

I would suggest filing a complaint with the Better Business Bureau. I just had to do this for a Royal Caribbean "Gift Card" from Verizon Smart Rewards and it worked for me.

[Coralc]

I would suggest filing a complaint with the Better Business Bureau. I just had to do this for a Royal Caribbean "Gift Card" from Verizon Smart Rewards and it worked for me.

 

The OP is in the UK, I sort of tend to doubt that they are familiar with all of our agencies. :) So my question for you would be, which BBB?

Edited December 23, 2015 by Coralc

[yogimax]

Paul, besides providing a copy of the full invoice. could you please give us more information? What ship were you on and what was the sailing date. This would certainly

be very helpful in identifying who the PW employees were.

[PaulDE_cruiser]

Thank you all for your replies and suggestions. I attach the full invoice. I have blacked out my name and contact details. It was Anthem of the Seas, 15-29 August, sailing from Southampton. The date of sale was 28.8.15 (or 8.28.15 if you prefer).

 

I have been exchanging emails with Mike Snodgrass at Park West. We had a conversation last night where he suggested that the only agreement was what was in writing. He said if my wife wandered into an auction drunk and later refused to pay, they would not be able to force her to pay. I replied that they would be unlikely to let her into an auction again or to take her at her word.

 

I asked him a simple question - if an auctioneer mistakenly put an item up for auction for less than they would sell it for, and someone bid on it and won, would they sell it at that price? He was very reluctant to say that Park West would honour the price in this case, so I have emailed him the same question and await his response. On the phone, he said that in such a case, the auctioneer would be unable to run the item through their system, as the price would be below what they were able to sell it for, so the auctioneer would need to work something out with the person who made the bid!

 

Thanks again for all your time and support.

 

Paul

Ship Invoice%2c RCI ANTH A30D 08.29.15.pdf

[BARNET]

I'm guessing that the CP247 was the picture that you had bid for in the 1st place, then at some point you where offered a choice of 2 more picture either at the auction or when you went to do the paper work.

Th fact that PW have sent you was in-correct picture in the first place that should be corrected at no cost to you, you would have no idea as to the CP number of piece of art that you where buying. I guess that you identified it by sight and telling the assistant that that is the picture we want.

As to the other 2 PW are saying that you should have noticed that the numbers where the same not always easy to do when maybe rushing to get the paperwork done and you are on holiday, maybe talk to PW again and look for a understanding that you return one a your cost and their send you the 2 pictures that you had expected.

Also call Royal post cruise services and speak to then.

[yogimax]

Paul - in looking at the invoice, it seems you would qualify for their 40 month guarantee. It is listed at the top of the page although difficult to read.

 

You may be able to get some satisfaction by using this guarantee.

[drychi]

My wife and I have purchased several artworks from Park West over the years without a problem. I am sorry you have experienced this problem with what is apparently a duplicate entry on your sales contract. You do have the right to both non-binding as well as binding arbitration, but it must be pursued in Miami Florida and will be governed by U.S. Law. Please watch your deadlines for seeking relief as well. Carefully read all the fine print or get an attorney to advise. Good Luck

[searoses]

What about disputing on your credit card?.....could that be an avenue?.....hope you can get resokution....

[Turtles06]

Complaining will get you no where.

 

I've never dealt with Park West, however since you already talked to them and they pretty much said no via the terms of sale, check the back of the invoice for anything that talks about dispute resolution. Hopefully it says "Arbitration" somewhere.

 

If it does there may be an address of the arbitrator, if not you will have to call them again to get said address and better a phone number. Contact the arbitrator and see if they are willing to arbitrate remotely and/or via written statement, as it is doubtful their location is close to you. If they are, there is hope. If not you might as well hang it up as travel would probably cost more than the few hundred more Park West wants.

 

If they will. Have anyone who was present with you (ie spouse, friend, whatever) sit down SEPARATELY and write down what happened. DON'T try to "get your stories straight". Don't be emotional, just state the facts with names, dates, and times and what you think would be a fair resolution to the problem. Get these documents notarized (your bank will do it for free usually) and mail them to the arbitrator.

 

Fair warning, arbitration can be used against you. In example if the arbitrator decides you owe Park West $5000, Park West can sue you for $5000 and they will win in court. You can't just say "oh, never mind" if arbitration goes against you. I know this isn't the case in every circumstance, I have no idea what the "law" is regarding it. I just know arbitration is legally binding and can end up worse than where you started.

 

So to be more directly related to your post, it wouldn't surprise me if the arbitrator told Park West to send you the picture you bought and told you to send Park West their normal shipping fee, $50.00 I think someone said along with the unwanted picture back, probably another $50.00 to package how they demand. Then you and Park West would split the cost of the arbitrator (as you both were "wrong"). If this is how it turned out, Park West could drop the picture in the mail and then you would be required to hold up your end. You couldn't back out of the deal and keep what you have now.

 

I know you meant well by your post, but arbitration simply does not work the way you describe, and it's NOT a good thing for real people to find arbitration clauses in contracts they have signed. Corporate America has inserted arbitration clauses in contracts because arbitration favors big business and deprives individuals who have been harmed by corporate wrongdoing from the right to go to court.

 

Arbitration is an administrative procedure loaded with fees and without the due process and other protections of a courtroom. It's one thing for two businesses on equal footing to voluntarily agree to arbitrate any disputes they may have, but quite another when an individual is forced into arbitration by contracts like the one most consumers are now having to sign just to carry out their daily lives. (Check your employement contract, your cell phone contract, your cruise contract, etc. More and more we've unwittingly given away our very precious right to sue, and our right to have a dispute decided by a jury of our peers.)

 

For starters, there isn't a designated arbitrator an aggrieved individual can just call up and talk to. The individual must initiate an arbitration proceeding somewhere, and pay a filing fee. Here, the Park West contract (which the OP has posted) requires any dispute to be resolved by arbitration, governed by the Commericial Dispute rules of the American Arbitration Association, which is outrageous right there (since people buying art on cruise ships aren't commercial entitites). The person initiating the arbitration has to pay the filing fee, which is $750. AND the Park West contract requires any arbitration to take place "only in Miami-Dade County, Florida." Good luck trying to do this by telephone. Note also that beside the filing fees, the arbitrator gets paid for his or her time, too, and it won't be cheap.

 

If all this weren't burdensome and expensive enough, the Park West contract specifies that the first arbitration is non-binding, and that either party can then seek binding arbitration under the same AAA rules, but before a panel of three arbitrators. (More expense!)

 

In short, arbitration clauses like the one in the Park West contract are NOT there to help or protect individuals, period.

I've read so many bad things here on CC about buying art on board cruise ships. It's a shame the cruise lines allow these entities to do business on their ships.

 

OP: I'm sorry you are having this hassle. I would continue to pursue this with Park West, and also invoke the 40-month guarantee if that will help you. And I would complain to RCI too. Yes, they will tell you your contract is with Park West, but they are making money by allowing Park West to conduct buiness on board, and I would make a stink with RCI.

 

Good luck!!!

Edited December 25, 2015 by Turtles06

[Esahuma]

Merry Christmas to each of you- may your day be filled with family - friends - fun and all your heart's desires!

[nbcruiser2]

You can search the web for Better Business Bureau Park West. You will then find them on the Better Business Bureau (BBB) website and file a complaint online. Even though you are from the UK, I would give this a try.

 

Good luck!

[johnjen]

You know, after reading this - and countless other threads on these "Park West" charlatans, it amazes me how they're STILL AROUND with RCL after all these years. We went to an auction and instantly knew that this company is taking gullible cruisers for millions of dollars.

 

Be very careful when dealing with these Park West people - they're only out for your cash.

 

If I were the OP I'd dispute the charges on the credit card and maybe then PW will "rush" to settle the issue. You'd think they'd settle since their reputations have long been tarnished.

[Clarea]

You know, after reading this - and countless other threads on these "Park West" charlatans, it amazes me how they're STILL AROUND with RCL after all these years ...

Royal recently parted ways with Park West and did the art on their own. For whatever reason, after about a year of doing it on their own, they gave it up and went back to Park West.

[johnjen]

Royal recently parted ways with Park West and did the art on their own. For whatever reason, after about a year of doing it on their own, they gave it up and went back to Park West.

 

I think RCL should leave vacationers alone and quit trying to peddle junk art. What next, timeshare offers?

[Clarea]

I think RCL should leave vacationers alone and quit trying to peddle junk art. What next, timeshare offers?

Please, don't give them ideas!:eek: