03-27-2024 09:07 AM
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.
03-28-2024 01:59 PM
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.
03-28-2024 02:32 PM
@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.
03-28-2024 03:46 PM
Don't sell counterfeits unless you are willing to make refunds.
Counterfeiting and selling counterfeits is illegal.
03-28-2024 04:20 PM
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.
03-28-2024 05:06 PM
@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.
03-29-2024 01:52 PM
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.
03-29-2024 02:09 PM
Wow! Thank you for that info. Wonder why it's ok there and not here.
Interesting, right?
03-29-2024 02:09 PM
Look at the real facts, you sold a counterfeit item which is illegal and it doesn't matter what you call it.
03-29-2024 02:24 PM
@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: