Buyer trying to return a replica 335 Gibson

[tony.l.e.wilkinson]

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.

[solidguitar1961]

This has been going on since 2008

[tony.l.e.wilkinson]

The pick guard still has the protective plastic film on. Probably why it looks messy.

[tony.l.e.wilkinson]

Maybe you should try not being so self righteous! 

[tony.l.e.wilkinson]

How is it misrepresentation? 

[tony.l.e.wilkinson]

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. 

[tony.l.e.wilkinson]

Yes. It was brand new. Not sure how you can tell that strings are worn just by looking at a picture? 

[solidguitar1961]

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@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. 

---

* Fake

[tony.l.e.wilkinson]

Was hoping for some support as a seller here but, most of you have jumped on board with the buyer. Judged me based solely on the pictures alone (taken with a phone, not in a professional studio which would account for the quality) and have more or less accused me of trying to scam the buyer.

The buyer knew exactly what he was buying and had privately messaged me for more details which were not listed on the original listing, after which he offered to buy it now for twice the asking price. No misrepresentation was taken as I made it very clear that what he was buying was a replica 335.

Maybe you'd take a different view if you knew the proceeds of the sale were going towards a charity.

Just wish that most of you could be a little less biased and try and see things from both sides. 

Adios!

[tony.l.e.wilkinson]

Why drag out the past? It's irrelevant to this topic! Mug

[house*of*paws]

Hi @tony.l.e.wilkinson 

I don’t know whether you posted on the eBay US site accidentally or deliberately … but, here in the US, just listing a ‘replica’ (commonly called fake or counterfeit) item makes the item ‘Not as described’ automatically.  [It’s also a serious crime.]

Policy may be different on the eBay UK site … but you’re unequivocally in the wrong on this site.  Sorry.

[kensgiftshop]

Don't know how it is in the UK, but in the US, you can't sell fakes.

Sometimes it upsets sellers that are trying to sell legit items.

[lacemaker3]

eBay's policy about counterfeits is the same on eBay UK as on eBay USA. They are not allowed, and it specifically says not to hide or blur parts of the item or the logo in the photographs to try to disguise a counterfeit item. This is from the UK policy, but I couldn't see any differences from the US policy.

https://www.ebay.co.uk/help/policies/prohibited-restricted-items/counterfeit-item-policy?id=4276

[janet9988]

Whether  the buyer knew or not............ YOU knew you were selling illegal items.

[jerseyboymusic]

@tony.l.e.wilkinson 

What's a mug? Besides what I like to drink root beer from (a nice frosty mug, that is)

Looking at your original post, you stated "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."

It doesn't matter if you think that's what he paid for. And I referenced that feedback reply you wrote because it seems your attitude towards buyers has not changed. It seems  you feel that the buyer should keep it, no matter what. What if those pickups don't work well? Truss rod is not working? Action is too high or he just doesn't like it? He can return it. The buyer is covered by the Ebay MBG, even if you don't accept returns.

The point of whether or not it's a fake is a different issue. It doesn't matter if it was a REAL Gibson or not. If the buyer feels the need to return for refund, it is kind of out of your hands. They can file an NAD return or worse yet, file a claim with their credit card company and they will have the guitar AND their money!

[gosimus]

@tony.l.e.wilkinson 

< The pick guard still has the protective plastic film on. Probably why it looks messy. >    

I've bought four electric basses brand new – three Fenders and one Gibson – and the protective film was never all wrinkly like that on any of them, nor have I seen examples on the new instruments in music stores, which is why that explanation didn't occur to me.  I'll acknowledge the plausibility of that explanation.