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Buyer trying to return a replica 335 Gibson

My buyer bought my new replica Gibson 335. It was advertised as a replica and he bought it anyway. Now he wants to return it saying it is of poor quality. It cost £300 and the real thing would cost £2700. He got exactly what he paid for.

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38 REPLIES 38

Re: Buyer trying to return a replica 335 Gibson

It is a fake. Replica is a euphemism for a fake.

 

Gibson is a valid trademark in the UK. It is being infringed by the guitar even of the Ebay listing does not infringe.

 

It is not a Gibson guitar so the buyer is either going to get to return it at the seller's cost or get it for free, unless he does not know how Ebay works.

Message 31 of 39
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Re: Buyer trying to return a replica 335 Gibson


@tony.l.e.wilkinson wrote:

It was clearly listed as unbranded and replica. The headstock has the Gibson logo as part of the replication but, as it infringed copyright it wasn't depicted. 


*Picking jaw up off of floor* Are you joking?? You honestly think the only copyright infringement issue is showing it in an eBay picture? If it carries the Gibson logo it's not a 'replica' it's a counterfeit. And it's completely illegal.

Message 32 of 39
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Re: Buyer trying to return a replica 335 Gibson

Don't sell counterfeits unless you are willing to make refunds.

 

Counterfeiting and selling counterfeits is illegal. images.jpg

 

Message 33 of 39
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Re: Buyer trying to return a replica 335 Gibson

Still looks like a new guitar to me albeit a replica, and I accept this seller's explanation that it is crinkled film on the pick guard. Usage wasn't the buyer's issue, it was "poor quality". That sure sounds like  buyer's remorse to me or buyer's poor playing. I recommend stating no returns or, at best, asking seller to explain his beef specifically. Don't offer up NAD instructions.

Message 34 of 39
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Re: Buyer trying to return a replica 335 Gibson


@stevescho wrote:

Still looks like a new guitar to me albeit a replica, and I accept this seller's explanation that it is crinkled film on the pick guard. Usage wasn't the buyer's issue, it was "poor quality". That sure sounds like  buyer's remorse to me or buyer's poor playing. I recommend stating no returns or, at best, asking seller to explain his beef specifically. Don't offer up NAD instructions.


It matters not one whit what the buyer's complaint was, specifically or otherwise. This guitar is a counterfeit marketed under the euphemism 'replica'. Counterfeits are both against eBay policy and illegal in the US and UK. A NAD case is absolutely warranted here. The guitar should never have been sold in the first place. 

Message 35 of 39
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Re: Buyer trying to return a replica 335 Gibson

It doesn't matter what it looks like to you, if you will excuse my being blunt.

eBay forbids the listing/selling of counterfeits, copies and, yes, replicas. 

Your suggestion to the seller to state "no returns" has no standing at all in the face of eBay's Money Back Guarantee for buyers which any buyer can use if/when he receives a counterfeit, copy or replica. 

Message 36 of 39
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Re: Buyer trying to return a replica 335 Gibson

Wow! Thank you for that info.  Wonder why it's ok there and not here.

Interesting, right?  

Message 37 of 39
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Re: Buyer trying to return a replica 335 Gibson

Look at the real facts, you sold a counterfeit item which is illegal and it doesn't matter what you call it.

Have a great day
Message 38 of 39
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Re: Buyer trying to return a replica 335 Gibson


@soh.maryl wrote:

Wow! Thank you for that info.  Wonder why it's ok there and not here.

Interesting, right?  


 

It's not OK to sell counterfeits in the UK either. The responder you replied to was mistaken.

 

The policy was described here:

https://community.ebay.com/t5/Buying/Buyer-trying-to-return-a-replica-335-Gibson/m-p/34376048#M48205...

 

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