Dear all,
this is a long post, sorry. First at all, I must say that I do not have pleasure in posting the following, but as you will see it is not me but the person in question that doesn’t mind at all about his reputation.
In fact, what he did is not only matter of being not honest, it is also the fact that he is even making fun of his customers, treating them as idiots.
Thus, better to let the people knowing which kind or person is him, in order to prevent such disgraceful experiences. These are the facts:
I have bought three lots of snuff bottles from Auktionshaus Oberursel. These are the lots:
https://www.lot-tissimo.com/en-gb/auction-catalogues/auktionshaus-homm/catalogue-id-srauktions10022/lot-7d66c1c5-67a4-4a1d-a7b2-acf7010ce6c8https://www.lot-tissimo.com/en-gb/auction-catalogues/auktionshaus-homm/catalogue-id-srauktions10022/lot-7de1f411-e79a-400f-959d-acf7010cd380https://www.lot-tissimo.com/en-gb/auction-catalogues/auktionshaus-homm/catalogue-id-srauktions10022/lot-735278be-04dc-4a13-8f54-acf7010d0333The total cost of the three lots has been 990 euro, plus hammer’s commissions, for a total of 1285 euro.
As you can see, they were declared as being antique, both in the title and the description. Besides that, it has been suggested the provenance from Nagel Auktion house for the big lot.
It is almost impossible to judge from general pictures if such small objects are really antique or not, because the patina and the surface wear, which are signs of antiquity, can’t be appreciated.
Then I bought them relying on what declared by the auction house.
Paid them and heard nothing from the auction house, which per se is already unusual.
Upon receiving, it was immediately clear that they are vulgar, low level, modern, or better to say, fake bottles.
I immediately contacted the seller, sending him a picture that clearly shows, even to a total unexperienced, that the bottles were modern. In the picture, it was shown that the bottle was not hollowed, as bottles should be, but just having a straight drilling instead. (See attached picture here below).
I had to solicitate the answer from the Auktion house three times; after a couple of days, Mr., alas, “Herr” Hans-Joakim Homm answered, just for sending me the tracking number, and completely ignoring my claims. After myself reiterating my request, he replied saying that for the reversal of the transaction, the statement of an expert is needed, and he also attached part of the Conditions document of the Auktion house, where it is stated the said request.
I reply to that, saying that the evidence of the bottles being modern was clear to anyone, no expertise were indeed necessary, and I also said that his statement that the bottles were belonging from Nagel couldn’t be true, because I know very well the expert of Nagel, Mr. Trautmann, and I am sure that he would never sell such things.
He did reply saying that I should ask Mr. Trautmann a document stating that the bottles were modern! Of course I was ashamed to ask Mr. Trautmann an expertise about such evidently fake items, he would ask if I was sober.
Then I provided, of course at my expense, an expertise from an official expert, registered as such at the Court of my town. Hence, an official expertise, valid in Tribunals. He clearly stated that the bottles were modern, for how they were made, conditions, and so on.
Besides that, I provided also the opinion of a Worldwide known, important collector of snuff bottles. He clearly said that the bottles were new and that he was available to be contacted by the auction house if necessary.
Well, despite what stated in the Conditions of his own Auktion house, despite his Word inviting me to provide an expertise, this “respectable man” first invented a poor excuse saying that he will need a decision from his insurance, which of course has only to do with him and not with his purchasers, and then at the end, after two weeks, he stated that he will not refund me.
Absolutely incredible, never happened this to me, even to the more obscure auction house.
Even more incredible, I told him that I will not put the matter in the hands of a lawyer, but will relate all the story, documented, on online Forums and socials, resalting that I am not happy in having to do that, but will do it, for matter of justice, so people’s worldwide will know which kind of person is who manage that auction house. A man that has no consideration at all for his own reputation. Really a miserable person, considering that in theory he will have no lost at all in refunding, because the house’s commission will be paid anyway.
The only reason for him not accepting to refund is that the bottles has not been consigned to him. The bottles are most probably of his own, he buys fakes and sell them as antique.
It was evident since the beginning from his attitude.
In conclusion: this bandit, “Herr” Hans-Joakim Homm, is such a despicable person that besides having himself zero consideration for his honor, is not obeying his own made rules, and on top of that is making fun of the purchasers, inviting them to spend money for documentations that he knows in advance that he will not recognize.
Think twice before dealing with him, and, for matter of justice, spread all this on your social networks, Facebook, and so on. It will be good, if you wish, that he will receive many emails saying that you read all this, and because of that you will stay away from his sales. It would be very interesting to know which excuse he will say for justification of his attitude. This is his address:info@auktionshaus-oberursel.de
Thank you very much.
Here the correspondence between me and this honorable “Herr”.
From Giovanni Repetti
26 apr 2021, 15:16
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Dear Sirs,
I have just received the three lots of snuff bottles that I have bought.
I am very deceptioned with the purchase. ALL the bottles are clearly new, modern fake to not even attempting to look old.
In your listing, you declared the bottles as being antiques, while they are clearly not, even to the eyes of a not expert.
I am asking for a full refund. Please let me know where I have to send the bottles for the refund.
Please note that if you are questioning the fact that they are not new but antique, I will have them expertized by a real expert, but be aware that in such case you will also have to pay him.
Best regards
Giovanni Repetti
From Giovanni Repetti
26 apr 2021, 21:16
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Dear Sirs,
just for reiterating, if necessary, how far these bottles are from real antique bottles, please look at the attached image. A stone bottle with a simple, straight drilled hole, instead of the hollowing which is obviously a must for a snuff bottle. These are low level tourist items.
The pictures are not something on which relying for such small items, for that I based my decision to buy mainly on an expected appropriate description, while instead these were described as being antique, both in the title and in the description.
Best regards
Giovanni Repetti
From Giovanni Repetti
28 apr 2021, 08:59
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Dear Sirs,
could you please be so kind to answer to my messages? It is a serious issue.
Best regards
Giovanni Repetti
info@auktionshaus-oberursel.de 28 apr 2021, 11:13
a me
Dear Mr Repetti,
we already send you the number?
Shipping number is:
CY213470670DE
check on
www.dhl.de From Giovanni Repetti
28 apr 2021, 11:18
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Hello, please read the message that I have sent you above.
I have received the snuff bottles, but ALL them are modern tourist items, not antique as clearly stated in the sale.
I am asking for a full refund!
Please answer regarding this serious issue.
Best regards
Giovanni Repetti
info@auktionshaus-oberursel.de 28 apr 2021, 12:46
a me
Dear Giovanni.
To approch the vendor for a reversal of the transaction the process is described fully in our conditions of business.
These I will attach to make things easyer for you.
Yes. We need a statement by an expert stateing that our descriptions are incorrect.
Your expert can contact me directly if he or she desires.
Regards.
Hans Homm
From Giovanni Repetti
28 apr 2021, 13:10
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Dear Mr. Homm,
I frankly was expecting a more proper attitude from an honest Auction house.
You need the opinion of an expert? Is it a joke or you have not seen the picture that I have sent with my message? Is it necessary an expert for saying that that one is not worth to be called snuff bottle, and even less antique?
Everybody, really everybody, will realize that, and who manage an Auction house is not able to see that?
I can’t believe at what you have answered.
The bottles are new, evident even to a blind one, and there is another thing: the bottles are stated to belong from Nagel Auktion. I exclude that possibility. I am in excellent relations with Nagel Auktion, I know for sure that they would never accept such things for selling.
Do you want me to ask to my friend Michael Trautmann, from Nagel, his opinion about these things?
I personally know almost all the experts of the biggest Auction houses. Should I ask to the dear friend Colin Sheaf from Bonhams? It should be a shame, I think.
I am personally well known worldwide as an expert on Chinese art and snuff bottles. I am well known for my own knowledge on the main Forums worldwide.
I have no problems in having expert opinions from others, but I am really wondering if this is what you want.
Come on dear Mr. Homm, I believe that it is of your interest, for the good name of your House, to act more properly according to the evidence of facts.
Please let me know.
Best regards
Giovanni Repetti
info@auktionshaus-oberursel.de 28 apr 2021, 14:00
a me
Caro Giovanni.
I agree with you fully that Mr. Trautmann is a super expert.
Please send the document of Mr. Tarutman stateing that our descriptions are incorrect.
Ex – Nagel is mentionen because, were stated, the relateing objects cary origional Nagel labels.
My I add that we did supply enough sufficient and good quality images were everthing you mention now was visible before the auction.
There was plenty of competetive bidding on these objects.
My price was € 10 per lot. The rest was decided by bidders who thought more than € 10 is the real value. Something I could not and can not
From Giovanni Repetti
mer 28 apr, 14:29
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Dear Mr. Homm,
please be serious, and, honestly answer to what I did ask you.
Do you believe that the bottle with the drilled hole, as an example, is antique? Please answer to that. Is that an antique bottle? Please, be honest and answer if that is in your opinion an antique bottle. It was not shown in the pictures not mentioned in the description.
Are we honest gentlemen or do we need the, in this case, the childish attitude of asking an expert what is extremely obvious? Frankly, I can’t believe that. I can’t believe such attitude from the manager of a serious Auktion house.
Pictures were clear, yes, but those pictures can’t show, and are not showing, if the bottles have the expected surface wear or patina that an antique bottle must have. Thus, what declared by the Auction house is prevalent. A buyer who is in faith convinced of being dealing with honest people do rely mainly on the description. That is how it works in the antique market.
If you wish, I can send you really clear pictures, showing the surface of each bottle, something not visible in your pictures, where it is evident that the surfaces are immaculate, no patina at all.
Then, if you see such pictures, as the one that I have sent you, do you really need something else telling you that no, they are not antique? Do you need somebody telling you that if you put your hand in the fire it will burn? Come on, are we gentleman or joking childs?
I would be ashamed if I were in your shoes and had to be told by Michael Trautmann that I am selling modern bottles as antique, with the consequent opinion that he will obviously have about my activity and behavior. The World is small today, nothing is more important than a good reputation.
I have been aware of your action through an important Forum. Do you want me reporting there your attitude facing the evidence?
I want to believe that you are honest, and do what it is right to do, it has been a mistake, and agree with shipping back these bottles for the refund.
Best regards
Giovanni Repetti
From Giovanni Repetti
mer 28 apr, 14:43
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If it is not clear, you have my word that, agreeing on the refund, the matter will finish here.
I don’t think it is a great advantage if everybody in the field (World is small) will know that, for having what rightly expected, one has to take a lot of troubles, discussions, expertise, and so on. People will think twice before buying from your House.
In all honesty, I do not like to do bad public propaganda; unless being treated as being a naïve guy that can be fooled.
Giovanni Repetti
From Giovanni Repetti
ven 30 apr, 11:48
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Dear Mr. Homm,
as for your request of April, 28th, as follow:
“To approach the vendor for a reversal of the transaction the process is described fully in our conditions of business.
These I will attach to make things easier for you.
Yes. We need a statement by an expert stating that our descriptions are incorrect.
Your expert can contact me directly if he or she desires.”,
I have provided the expertise of two experts.
The first one, which copy is here attached, is from Mr. Fulvio Farina, who is the Expert for Art and Antiques officially registered at the Court of Piacenza, the Court here of my town. Hence, his expertise is an official document. It is in Italian and in English language.
Besides that, I did ask an opinion from Mr. Joseph Baruch Silver, from Israel, a Worldwide known famous collector and expert specifically on snuff bottles. If you wish to check who is Mr. Silver, besides his references listed in his message, you can ask to Mr. Asaph Hyman, chief of the Asian Department at Bonhams in London, as well as the experts on Asian Arta either at Christies and Sothebys. You can also ask to any of the very few prominent dealers in the snuff bottles field, like Robert Kleiner, Clare Chou, etc. etc.
I am forwarding you the email exchange that we had regarding the bottles in question. You will receive
a mail titled “Asking your expert opinion about some snuff bottles”.
Thank you in advance.
Kind regards
Giovanni Repetti
From Giovanni Repetti
4 mag 2021, 14:31
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Dear Mr. Homm,
have you received the previous message with the attached expertise and the message from Mr. Silver?
Thank you for answering
Best regards
Giovanni Repetti
From Giovanni Repetti
5 mag 2021, 14:14
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Dear Mr. Homm,
I'm waiting for a reply.
Not replying to messages is highly offensive. You made some requests; I have fully satisfied your requests. I am expecting an honest and polite behavior.
Best regards
Giovanni Repetti
info@auktionshaus-oberursel.de 5 mag 2021, 16:57
a me
Dear Giovanni.
Thank your for the experise by Fulvio Farina.
I think I know him from the Fiera Reggio Emillia.
It is possible that the objects are not antique, maybe not even from China. It is possible that they are proably antique.
I do not have enough expertise to tell. I am not an expert.
The word „Proably“ revers to „likely“.
In our opinion and the opinion of German law „Proably“ can not be seen as a guarantee.
„Proably“ translated into Italien on google translate: „ probabilmente, forse“.
Unfortunately my Italien is not good. But you are talking about a guarantte I did never give.
If you can provide an experise stateing that I gave a guarnatee, I can use that to confront the vendor.
Please provide this vital document so I can contact the vendor and get this matter of my table.
Reagrds.
From Giovanni Repetti
mer 5 mag, 17:57
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Dear Mr. Homm, please, please do not continue playing with this. It is not a joke.
I am not a child, I am 75 years old, I know the rules, how to behave, I am pretending to not be treated as a silly boy.
The facts are:
1) You declared in the title of the listing and in the description that the bottles were Antique.
2) I immediately informed you, upon receiving, that the bottles are new, and I proved that with the picture of a bottle that is just drilled, and not hollowed, as them should be.
3) In the ”Die Versteigerungen” of your House it is clearly stated that “c) Der Versteigerer verpflichtet sich bei Sachmängeln, die innerhalb von 12 Monaten nach Zuschlag geltend gemacht wurden, seine Ansprüche gegenüber dem Einlieferer geltend zu machen, soweit der Käufer die Rechnung des Versteigerers vollständig bezahlt hat. Zur Geltendmachung eines Sachmangels ist die Vorlage des Gutachtens eines anerkannten Sachverständigen, welches den Mangel nachweist, auf Kosten des Käufers erforderlich. Im Falle erfolgreicher Inanspruchnahme des Einlieferers erstattet der Versteigerer dem Käufer ausschließlich den Zuschlagspreis Zug um Zug gegen Rückgabe des Gegenstandes. Der Käufer bleibt zur Entrichtung des Aufgeldes als Dienst Leistungsentgelt verpflichtet. Im Übrigen ist eine Haftung des Versteigerers wegen Sachmängeln ausgeschlossen.”
I think that it is not necessary a translation of the above statement. Is it?
4) Besides that, you have reiterated the point 3) as follow: “Dear Giovanni. To approach the vendor for a reversal of the transaction the process is described fully in our conditions of business. These I will attach to make things easier for you. Yes. We need a statement by an expert stating that our descriptions are incorrect. Your expert can contact me directly if he or she desires.”. This has been written by you; you have invited me to provide an expertise. Providing expertises is not a joke, and it is costing. Don’t you think that a serious person, after having requested efforts to a customer, should be the first one in respecting his words?
5) I provided two expertises, an official one and another one from a universally known expert collector of snuff bottles, a very influent one.
6) Now you are joking about the word “probably”. Where is that word? In your imagination? The official expertise clearly states that “I also declare that, based on my experience, all the bottles in question, of unknown origin, cannot be considered antique objects being them of recent manufacture according to the type of machine and utensils used for their manufacture, to the type of finishing, and to the conditions.” It is clear: “, cannot be considered antique objects being them of recent manufacture”. There is no probably nor perhaps nor else.
7) You are now saying that I am talking about a guarantee that you never give. It is clearly stated in your own rules, see points 3) and 4)!!
Your last request, of providing an expertise stating that you gave guarantee etc etc is not worth to be commented on, it is all said above and I repeat, I am not a silly boy. Please, PLEASE, be serious and most important, behave as an honest person. It is really offensive and irritating to treat others as idiots. Are you sure that I am an idiot? I would think twice before continuing with that policy, it is never paying, if you could accept the suggestion from somebody who may have more experience than yourself.
Dear Mr. Homm I really do not understand why you are persisting in a wrong attitude from which you have nothing to gain. According to your rules you will keep anyway the commissions of the sale, you will lose absolutely nothing. Then why? Why ruin your name and the good name of your House? I already told you that I am well known on ALL the main Forums related to Asian Art, all the big Auction houses, and so on. All the big collectors of snuff bottles know me, I am member on various association, including the OCS of London. Is it really worth to have bad reputation for nothing? Really, nothing? I am getting tired; please act in a civil manner. Again, nobody likes to be treated as you are treating me.
Best regards
Giovanni Repetti
info@auktionshaus-oberursel.de gio 6 mag, 10:30
a me
Dear Mr. Repetti.
I will pass this matter over to our liability insurance. They will decide if we are liable or not. This is why we have this insureance.
Should we make a mistake, for which we are liable they will carry all costs.
This may take some time.
Please contact me in circa 14 days.
We should have a result, complete leagal check, in circa 14 days.
From Giovanni Repetti
gio 6 mag, 12:05
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Dear Mr. Homm,
It frankly sounds like a further excuse. First at all, the attitude of a house that is interested in preserving his good name should be “I will be back to you within 14 days”, and not “contact me within 14 days”. Once again, no respect for the customer. Nobody likes having to beg, especially when being on the side of the reason. Do you like it?
Besides that, it is not your insurance that has to decide who is right and who is wrong in a dispute. That is, in last case, matter of lawyers. The insurance is only related to your problems, not to problems between you and your customers. Your insurance will not refund me, but you in case.
Who is right and who is wrong is clear. Were the bottles claimed as being antique? Yes. Were them proved to be not antique? Yes.
Anyway, let wait these 14 days, and we will see.
Again, I am not understanding why, having the possibility of ending the matter at zero costs, you are risking to end up this simple question in a really costing way. But I am not in your shoes, that is up to you.
Teasing and joking with people that one doesn’t know, nor know who or what is behind them, can be risking; but I say no more about this by now. Just hope that the rope doesn’t break.
Will contact you within 14 days if I will not be contacted before.
Best regards,
Giovanni Repetti
PS: I have found where the “probably” that you mentioned is. Not worth commenting, it is obvious what Mr. Silver was meaning. I am sure that he will not like at all if he knew that his word has been purposely taken in misleading way.
From Giovanni Repetti
6 mag 2021, 13:45
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Dear Mr. Homm,
For matter of correction, I thought that it is better to bring at your knowledge what has been told me by my lawyer. He told me that, besides the expertises provided, the terms of the auction give me the right to claim that the auctioneer goes against his consignor:
c) Der Versteigerer verpflichtet sich bei Sachmängeln, die innerhalb von 12 Monaten nach Zuschlag geltend gemacht wurden, seine Ansprüche gegenüber dem Einlieferer geltend zu machen, soweit der Käufer die Rechnung des Versteigerers vollständig bezahlt hat. Zur Geltendmachung eines Sachmangels ist die Vorlage des Gutachtens eines anerkannten Sachverständigen, welches den Mangel nachweist, auf Kosten des Käufers erforderlich. Im Falle erfolgreicher Inanspruchnahme des Einlieferers erstattet der Versteigerer dem Käufer ausschließlich den Zuschlagspreis Zug um Zug gegen Rückgabe des Gegenstandes. Der Käufer bleibt zur Entrichtung des Aufgeldes als Dienst Leistungsentgelt verpflichtet. Im Übrigen ist eine Haftung des Versteigerers wegen Sachmängeln ausgeschlossen.
I didn’t realize that and thought that it should be better to bring it at your attention.
Best regards,
Giovanni Repetti
info@auktionshaus-oberursel.de 7 mag 2021, 22:56
a me
Dear Sir.
We have not heard back from our insureance.
This leagal check may take a little more time than the 3 days that have elapsed so far. I did mention that.
Please feel free to start leagal proceedings if your lawer recomends that. To make things easyer for your layerhe will find our company details und „Impressum“ on our homepage.
The relevant court of Justice for this case is:
Amtsgericht Bad Homburg v. d. Höhe
Anschrift: 61352 Bad Homburg v. d. Höhe, Auf der Steinkaut 10-12
Tel.: 06172 405-0
Fax: 06172 405-139
Reagards.
Hans-Joachim Homm
www.homm.me From Giovanni Repetti
7 mag 2021, 23:45
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Dear Mr. Homm,
I do not understand the above message, from whom and to whom is addressed.
It is not clear and as such saying nothing concretely.
Please let me know whether or not you want to adhere to your own rules, stated by your own Auction house, in Versteigerungsbedingungen, point 1, c), where it is clearly stated that the Auctioneer will reimburse the buyer in case of disputes related to the quality of the objects purchased, upon the report of a recognized expert. All this, after having yourself stated to me that you will satisfy your obligations if receiving such report, which has been provided to you even in excess, at my costs.
In all faith, the expertises have been provided, at my cost, relying more on your word, than on your Company’s rules, as is customary among people of honor.
Please act as a respectable professional, and reply to the expertises that you have requested, refusing or accepting the opinions stated by the professionals who signed them.
Finally, please state clearly if you want or not follow your word and reimburse the hammer price of the lots and if I have or not to send back the purchased lots.
Please answer.
Best regards
Giovanni Repetti
info@auktionshaus-oberursel.de 8 mag 2021, 02:42
a me
Dear Sir.
My suggestion is to await the outcome of the check of our liability insureance. If they agree with what you state they will carry all costs.
Reagards.
From Giovanni Repetti
20 mag 2021, 08:48 (3 giorni fa)
a info
Dear Mr. Homm, good morning.
15 days are elapsed. I am waiting an answer.
Best regards
Giovanni Repetti
info@auktionshaus-oberursel.de ven 21 mag, 10:16 (2 giorni fa)
a me
Dear Giovanni Repetti.
The leagal team of ERGO Versicherung have decided that we have to pay the consigner. There is no return possible.
Reagrds,
Hans-Joachim Homm
From Giovanni Repetti
ven 21 mag, 11:17 (2 giorni fa)
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Dear Mr. Hans-Joachim Homm.
I do not know who is Ergo or whatsoever and I am not interested about them. YOU are the responsible of the Auktion house, you have your own rules, you are who should respect them at first instance.
The facts are extremely simple:
1) You have auctioned these objects, stating in the title and in the description that they were antique.
2) Everybody with an elementary knowledge of antiques, by handling them, will realize immediately that they are brand new and, more important, fake objects, made to deceive.
3) Upon receiving them, I demonstrated to you, proving by the picture sent to you, that they were even not hollowed, that they were vulgar fake objects. This was not possible to see by the pictures provided by the Auction.
4) For any serious Auction house, that should be perfectly sufficient, as it happens already to me even to the less known auction houses here in Italy and elsewhere.
5) Surprisingly enough, especially for a German Auktion house, you did find that evidence as not enough, and you requested, as per your own Auktion house’s rules, an expertise. AND YOU STATED THAT, IF I COULD PROVIDE AN EXPERTISE, THEN YOU WILL REFUND.
6) I provided two expertises, an official one released by an Official expert of the Tribunal, and also the opinion of a Worldwide renown collector/expert. The official one did cost me a relevant amount, which I afford relying on your Word, as stated at point 5).
7) Incredibly, ESPECIALLY FOR WHAT IS SUPPOSED TO BE AN HONEST GERMAN AUKTION HOUSE, you are now, after inventing other excuses for delaying your decision, saying that you will not refund. You will not follow your own Word, your own rules, common civil rules, nor honest behavior.
And you are doing all that, regardless the fact that the refund will cost nothing to you, because you will have anyway paid your commission. It is simply matter of telling the consignor that the items were not as listed. You are playing a miserable rule for absolutely nothing.
Well, stated all the above, dear Herr Hans-Joachim Homm, I am giving you two days. If you will not decide as you should, be sure that I will not put the matter in the hands of a lawyer, but the whole case, with pictures, and the emails proving that you are not only scamming your customers, but even threating them as idiots, asking them to even spend money, despite knowing in advance that you will scam them, will be reported with relevance on the main Forums dedicated to Chinese antiques, on snuff bottles Forums, on Facebook groups related to Asian art, and will also be reported to Lottissimo, The Saleroom, Invaluable, Liveauctioneers.
Up to you to decide if a zero costing, and most important, honest attitude, is worth all that bad reputation Worldwide, or not.
Best regards
Giovanni Repetti
No more answers from him.
I am posting here a picture of one bottle and the expertise.
