Report: #1372893

Complaint Review: Ashleigh Caroline Associates, LLC

  • Submitted: Fri, May 12, 2017
  • Updated: Fri, May 12, 2017
  • Reported By: Concerned Consumer — Farmington Hills Michigan USA
  • Ashleigh Caroline Associates, LLC

    Internet
    USA

Ashleigh Caroline Associates, LLC Caroline Ashleigh Auction Non-Referral Birmingham, Michigan 48012 Internet

*REBUTTAL Owner of company: Inaccurate Report

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i have two signed, dated and framed silkscreens which I wanted to sell or auction. I contacted Caroline Ashliegh who gave me the names and phone numbers. I was able to speak to two of the art houses and told them the referral was from Caroline Ashleigh. They did not acknowledge the referral. The other referral did not return my call. It appears that I could have found these art dealers on my own.

I paid $20.00 for the referrals thinking that using her name would be beneficial. I emailed her twice with the same result, with her stating the second time:  "We will refer you back once again, to the Terms of Agreement clearly stated on our website:

OUR SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS," "WITH ALL FAULTS" AND "IS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT YOUR ART CONCIERGE ENTITIES MAY NOT MONITOR OR CONTROL REFERRALS."

There were different sections of the website and I missed that section. You can not contract away liability or gross negligence. I found her on the yellow pages website for art dealers. There was an address and phone number. The address was the Birmingham Post Office with a unit number. The unit number is a post office box. The phone number fed into a recorded message referring the caller to her websites.

There is a difference between legal behavior and ethical behavior. She held herself out as an art dealer, not someone who looks at the internet for art dealers and makes referrals. If the referrals did not work out, I did not expect her to say too bad and we are not responsible. This is not good business practice.

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This report was posted on Ripoff Report on 05/12/2017 11:50 AM and is a permanent record located here: http://www.ripoffreport.com/reports/ashleigh-caroline-associates-llc/internet/ashleigh-caroline-associates-llc-caroline-ashleigh-auction-non-referral-birmingham-mic-1372893. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
0Consumer
1Employee/Owner

#1 REBUTTAL Owner of company

Inaccurate Report

AUTHOR: lovejoy - (USA)

This review is a true anomaly, as it is the first and only report our company has had during our 25+ years as a global, cloud-based business. We are sorry to hear that the client who wrote this report was having apparent difficulty understanding our Terms of Service. However, it is clearly posted on every page of our website, which all consumers are advised to read prior to engaging our services, as it is a legally binding Agreement. It states: DISCLAIMERS AND LIMITATIONS OF LIABILITY: PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF YOUR ART CONCIERGE ENTITIES. IF YOU ARE UNSURE ABOUT THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS. THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT YOUR ART CONCIERGE ENTITIES MAY NOT MONITOR OR CONTROL REFERRALS. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOUR ART CONCIERGE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES. ACCORDINGLY, YOUR ART CONCIERGE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR REFERRALS. YOUR ART CONCIERGE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS REFERRALS. ACCORDINGLY, YOUR ART CONCIERGE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER REFERRAL OR BUSINESS MISUSES IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE REFERRALS OR BUSINESSES REFERRED TO YOU BY YOUR ART CONCIERGE. YOUR PURCHASE AND/OR USE OF THE SERVICES OFFERED BY THIRD PARTIES REFERRED TO YOU BY YOUR ART CONCIERGE IS AT YOUR OWN DISCRETION AND RISK. The client, Edward Cherkinsky, admits they neglected to read our Terms of Service, and states in their complaint: “There were different sections of the website and I missed that section.” In fact, our Terms of Service is included on every page of our website. The client inaccurately states, “She held herself out as an art dealer.” If Mr. Cherkinsky had read our homepage, he would have been aware that we are a referral service only, and do not hold ourselves as art dealers. Our homepage clearly states, "We make introductions to exceptional art service providers and provide personalized referrals from our registrars and collection management experts." For the minimal fee of $20, Mr. Cherkinsky was provided three auction house referral sources in an attempt to give him as many options as possible in selling his works of art. Each auction house referral source has been in business for many years, and has been vetted in the industry. Mr. Chenkinsky claims to have contacted at least two of these referrals, and made a personal decision not to use any of them, while not disclosing his reasoning. Every individual has the prerogative to do their own research, or choose to use the vetted sources that our firm provides. After receiving our recommendations, if they do not choose to use our referrals, they are at liberty to consign with any firm of your own choosing. Alternatively, should they wish to speak directly to an art advisor for more personalized attention, we can refer the client to a dedicated professional who can exclusively assist them, and will charge them at their hourly rate. Mr. Cherkinsky did not pay for that service. Our firm communicated with Mr. Cherkinsky in a very timely fashion, gave him our best direction, following industry standards and practices, and fulfilled the terms of our Agreement posted on our website.

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