posted on October 26, 2003 11:20:44 AM new
libra,
how is ebay supposed to know if they are fakes or not,?? ask him to send them to an appraiser and come back with a certificate??
with 7 million items,how is ebay supposed to patrol that?
while auction is still running,you have to take the seller's words for it,start bid at 10 dollars,10 dollars buy you all these fakes.fair enough??
no one twist her arm to bid 850,after being blocked with the other id.
too bad she did not take out paypal insurance.
-sig file -------The thrill is gone!!
posted on October 26, 2003 12:27:33 PM new
Libra63, you're making a lot of definitive statements about which you know nothing about
Like what. His wife left him. Well he stated that. And what is a lot? I never chose sides in fact I really don't give a darn. The only thing that bothers me is the disclaimer and I stated that. That was my only definite statement.
posted on October 26, 2003 01:12:04 PM new
If she leaves him negative feedback, he should be able to get it removed under Ebay's new feedback policy. She would be considered an ineligible bidder since she had been blocked. In fact, she can very likely be suspended for bidding on his auction.
The light at the end of the tunnel will turn out to be an oncoming train.
posted on October 26, 2003 01:33:00 PM new
when the bidder asked if they are from 1993 and the seller said nothing.
this should send a signal to the bidder all is not well in beanie land.
-sig file -------The thrill is gone!!
posted on October 26, 2003 02:31:29 PM new
I don't know anything about Beanie Babies but I would never bid on an auction like this. I figured it was a scam as soon as I started reading it. Anyone that will not take the time to answer an email about the item they are selling will never get a bid from me. Also that big long story sounded like a skoke screen to me. Anyone bidding a lot of money on an auction like this has more money than brains.
posted on October 26, 2003 02:40:24 PM new
HOW is this seller defrauding ANYBODY??
HE started the bids at $10 & this greedt fruitcake bidder (who should be NARU'ed for A-interference) got exactly what she bid on -- a bunch of worthless bags!
That Tradermist is a bunch of BS &, if I were the seller, I'd be at the ole ambulance-chaser's office bright&early MON am!
posted on October 26, 2003 03:55:44 PM new
well,at least there is some truth when he said the proceeds will go to home depot tools and BEER!!
-sig file -------The thrill is gone!!
posted on October 26, 2003 06:43:43 PM new
I fail to see how this seller could be in the wrong in any way. He said, right there in his auction, that he did not know if these were authentic or what. How many of us complain about bidders that don't read?? If someone is foolish enough to gamble 800+ bucks on a CLEARLY STATED "maybe so/maybe no" auction, it's their own fault. I don't think he could have been any clearer about not knowing or caring if these were authentic. What part of that did Ms. Greedbutt miss? And how can anyone think he did this on purpose? Why would he put them up all together, for such a low opening bid?
Even if she were being reasonable, I wouldn't refund her money if I were him. She got exactly what she bid on. That's like asking for a refund at the blackjack table when you bust.
posted on October 26, 2003 07:37:30 PM new
I would have to agree with some of the others who thought this guy was just trying to sell his ex's junk. For crying out loud...he only started them out at $10. I would have done the same thing. I think he was telling the truth when he said he didn't know what they were or even if they were worth much. HE DIDN'T KNOW and that's what he said. He wasn't trying to scam anyone. I wouldn't know what they were either. The bidders didn't have to buy, nobody forced them to bid. Give the guy a break!
posted on October 26, 2003 09:03:23 PM new
Riddle me this batman?
Is the emotion chip in some of you sagacious sellers on overdrive?
First he's covered his buns if he has a fake, which he may or may not know about. Can deal with that, but to maximize his bids, esp for "rare" whatever, wouldn't it help his cause to be more clear?
Second he could have searched a few auctions to see what he might have. His feedback, though mostly buyer certainly kicks him off the "rank amateur" boat. So he knows how to search and set up auctions.
Third, and this part is a hoot, why didn't he kill the auction and, if these valuable stuffed whatevers are worth what he's been told, take some time to earn a decent profit? Seems like the value of the better researched beanie would be higher than the "pile of landfill" shot accompanying his screed.
Blame the turkey who bids, but his method is not ethical, esp since he doesn't really try to do decent photos, that his other auctions seem to have.
Okay...screed over!
J
~~~~~~~~~~~**~~~~~~~~~~~
All the monkeys aren't in the zoo,
Every day you meet quite a few,
So you see it's all up to you.
You can be better than you are,
You could be swingin' on a star
posted on October 27, 2003 01:47:00 AM new
Japerton, what do you mean he was not ethical?
haven't you ever listed anything that you just wanted out of the way? I think most of us have.
we take a quick picture of the item, place a low opening bid (in this case about $1.00 apiece), and let it go.
I don't think this man did anything wrong at all. If he was actually trying to get away with something it seems to me he would have put the opening bid higher or put a reserve on the items.
I applaud him for getting what he did for them, anyone who pays that much for a childs toy deserves just what is pictured, nothing more. Which is just what they were promised.
posted on October 27, 2003 07:41:31 AM new
All items sold have an implied warranty of non-infingement -- this includes warranty of non-infringement against copyright, trademark, and patents.
This warranty applies regardless of what the seller says in his/her description, unless the seller actually admits that the item is an illegal copy, and that creates a different situation.
In any event, merely stating ignorance whether the item may be an illegal copy does not void this implied warranty.
If a seller could void this implied warranty, just think of how easy it would be to market knock-off goods by claiming ignorance.
posted on October 27, 2003 08:14:05 AM new
they do this all the time,claiming ignorance or lack of time to research.
what about all the sellers who found designer handbag in garage sale,list on ebay and get listing removed by VERO.
-sig file -------The thrill is gone!!
posted on October 27, 2003 09:11:15 AM new
They may list claiming ignorance of the item, but the warranty still applies.
But I'm still trying to figure out why the buyer didn't pay by credit card, and if they did pay by credit card through Paypal, why argue with the seller ? Just do a charge back.
posted on October 27, 2003 10:38:19 AM new
From Ebay itself "Sellers should take steps to satisfy themselves that their items are authentic before listing them on eBay. If you cannot verify the authenticity of an item, do not list it."
Also from Ebay "The following examples violate eBay's Authenticity Disclaimer Policy:
"I cannot guarantee the authenticity of this item, so please bid accordingly."
"Vintage Handbag Chanel???"
Warning:
The repeated use of authenticity disclaimers could result in the ending of your listings and possible suspension from eBay."
It seems to me that Ebay ignored it's own rule (nothing new there) by allowing the reported auction to continue.
While I found his writing very entertaining. I think he knew he had knock-offs. I also think he expected the price to go high - why else would the insurance be stated at $10?
posted on October 27, 2003 10:40:10 AM newI wouldn't think these retail sales laws would apply to auctions
Many of them do. Implied warranty of non-infringement certainly would. Imagine if there were a selling venue where this warranty could be defeated. Every counterfeiter would be selling at auctions.
But eBay isn't really a conventional aution by any stretch. eBay is more akin to catalog/mail order sales than an auction.
posted on October 27, 2003 11:22:35 AM new
I think the seller was perfectly honest. He SAID he didn't know, didn't care, if you want them then decide how much they are worth to you and bid that much. He said it in big red type. He's angry at his ex, he wants some of his money back, he never understood why she would want the stupid things in the first place, and he wants tools.
Unfortunately, he has no conception of the mental state of a COLLECTER and no idea of how much one will go through to get what he or she wants. And how angry a collecter thwarted can be. WE all know, but he doesn't. This may have a great deal of bearing on why the marriage failed!
but, no, he was not out to scam anyone.
"And All Shall be Well, and All Shall be Well, and All Manner of Things Shall be Well"
posted on October 27, 2003 11:31:55 AM new
With the webpage she put up, it looks like she bid and won, only to PROVE they are fake. Thats 'netcopping' in my book. She also made an issue about the seller putting her ebay ID up .... now it just looked like someones first name, big deal.
I had a ton of beanies my girls left here. I asked them if they wanted them, they did not. So I put them all out, like FIFTY of them, and took a pic of all, in a pile, they each had that little plastic protector on the hang tag and all, and stored away. I don't know if any were valuable, like this seller, they are stuffed toy IMO! Started all 50 at $9.99 and got no bids, but a bunch of emails about specific things on the other tag, on whether it had holographics, etc.
I ended the danged auction. I don't know about beanie babies. I looked some up before, yes, and found... they were going for like $1 or $2. so I figure.. 9.99 for 50 starting, if they pay the exact shipping, I didn't care. But there were too many 'net cops' for my liking to keep the auction going, probably would have gotten the one, and turned into TY's FBI unit, if they were sold!
And... I know they were not counterfeit, as they were ALL purchased at Hallmark when they started selling them. Unless Hallmark was selling 'ripoff' beanies, what other proof do I have? I didn't keep receipts. I bought these for my girls, who liked them at the time.
Seller is in the right IMO.
Wanna Take a Ride? Art Bell is Back! Weekends on C2C-www.coasttocoastam.com
posted on October 31, 2003 03:11:24 PM new
Bitter Beanie Babies--II http://www.traderlist.com/DrunkenSailor-SteveKaye.html
The plot thickens. TraderList.com, "the most complete source of good & bad collectible traders," has a page titled "Complaints Against Drunken Sailor or Steven Kaye," in which "glorybeeto," who paid $860 for thedrunkensailor's collection of Beanie Babies from his ex-wife, complains that the rare items in the set turned out to be counterfeits. (We noted the sale yesterday.)
Glorybeeto, whose real name apparently is J. O'Buck, says she was the eBay user called Taisha who wrote thedrunkensailor to warn him of the possibility of counterfeits (quotes are verbatim):
He printed the message, without the "disclaimer" and "counterfeit" eBay rules I had included, and INCLUDED MY ID. He posted also that he had blocked me from bidding. I had also alerted eBay that the auction should be pulled because it was fraught with disclaimers. eBay paid no attention to its own rule and did nothing. I also alerted eBay that he had posted my ID, which is against eBay rules, and again, nothing was done.
From the tenor of the listing, I believed the seller to be an angry person, upset by his wife leaving him, but did question that if she was such an avid collector why she would leave behind the rare and valuable beanies. I checked his feedback with over 500 positives and no negatives, his "ME" posting, and later his name and address which checked out. Based on this I bid using my glorybeeto ID. I learned later that two friends asked him questions about the beanies and he did not respond. I did not question him with my bidding ID because I felt, in light of his obvious anger, he would block that ID as well. Had the beanies been genuine, the price I bid was very good. I felt I was behind the proverbial rock and a hard place because he could be telling the truth and I would miss out if I did not bid.
Pat Edgerton, a "mediator" for Tradelist, wrote Kaye on glorybeeto's behalf, prompting the following response:
I have no idea who you are, or what your "tradelist" is. I find your comments threatening and offensive. I don't care what J.O.Buck is demanding. I am demanding that you no longer email me. As I told him/her, feel free to call the police, FBI, Postal Inspector, and the Freaking Wildlife Organization that governs Blue Stuffed Elephants.
You must be insane if you think I am going to take you seriously. If this complaint were even slightly valid, he/she should have brought it up through ebay, or paypal. But knowing full well that it has no validity he.she did not.
Last I checked, the "TradeList" was not in any position to threaten me with formal fraud charges. I will forward this email to my attorney as I find it offensive, harassing, and threatening.
If you want to play hard ball, then go get your bat and lets play.
I demand that you NO LONGER EMAIL ME for any reason, unless to apologize.
Our item yesterday prompted this e-mail from reader Bernard Levine:
Drunken Sailor's opening gambit, claiming to know nothing about these items he got in some entertaining and mildly plausible way, is alas a common eBay seller's ploy for presenting either fakes, or mixed lots of fakes and common items. I wouldn't know a beanie baby if it leapt up and bit me on the ankle, but this is certainly true in the collecting arenas I do play in.
All this may be true, but if the TraderList account is accurate, the buyer here can hardly claim to have been defrauded, given that she bought the items knowing full well that the seller didn't vouch for their authenticity. Caveat emptor, we say.
"Another plague upon the land, as devastating as the locusts God loosed on the Egyptians, is "Political Correctness.'" --Charlton Heston
[ edited by BEAR1949 on Oct 31, 2003 03:12 PM ]
posted on October 31, 2003 07:33:10 PM new
Tom, never judge a book by its cover......
"Another plague upon the land, as devastating as the locusts God loosed on the Egyptians, is "Political Correctness.'" --Charlton Heston
