Replica vs original.

[snuff]

Re: Replica vs original.

Just put the manufacturer down as the manufacturer who made that particular item you are selling, not the original product or one it's based off, the one you are holding in your hand.

That is exactly what I did...
They came in a clear sealed bag with the word" hatch" moulded onto them..there was not other indication of any other manufacturer.

[BAMF]

Re: Replica vs original.

Then you sir, are completely in the clear, in my humble opinion.

What's to say you haven't actually sold a 'genuine' set of 'Hatch' elbow pads and the buyer had some clones off the bay? He's recieved yours and thought "These are much better, I'll keep the good-'uns and fire these cheap tat back. He'll never know the difference"

As has been stated, I don't think there's many who would be able to discern the "Real deal" against clomes?

I certainly wouldn't.

[snuff]

Re: Replica vs original.

Fizzy in your position as a highly respected "classifieds assistant" you are happy to state that if a vendor dosesn't specify clone,copy whatever then the buyer is then able to demand a full refund if he/she was expecting an original item...

[Caveira]

Re: Replica vs original.

Legally there's two issues here.

An item sold must match the description given. So if it's not genuine, and was not described as a copy, then the contract is invalid and the buyer can get a court to enforce a refund.

BUT

There's a world of difference between a genuine mistake (as may be the case here - after all are these clones or genuine?) and deliberate mis-selling. Describe something as "Hatch" when you know it isn't and that's a criminal offence.

Common sense is being asked for by some people and at the same time being ignored by the very same users. To suggest that anyone might have a claim for the cost of a genuine M4 is bulls**t and one of the most pathetic, pedantic and childlike loads of cr*p I've ever read on this forum. If for no other reason than both parties would be committing criminal offences.

It's very easy to avoid issues like this, which happen with sickening regularity. If you didn't buy the item new yourself, or have any other way of being 100% certain that it's genuine, say that. Simples

[BAMF]

Re: Replica vs original.

Common sense is being asked for by some people and at the same time being ignored by the very same users. To suggest that anyone might have a claim for the cost of a genuine M4 is bulls**t and one of the most pathetic, pedantic and childlike loads of cr*p I've ever read on this forum. If for no other reason than both parties would be committing criminal offences.

I fear you've taken that (lighthearted) remark completely out of context there, as my point is to highlight the inherent stupidity of airsofters.

I answer it very succinctly in the very next line of my post. The answer is a resounding "No!"

To mention that a criminal offence may have been committed is a wee bit harsh to say the least, as it would most certainly be construed as a civil matter, to be resolved between individual members of society.

In another lighthearted look at the replies to Snuff's thread. Which one has been blown out of all proportion?

CIVIL or CRIMINAL!

Snuff, it may appear that you have committed a criminal offence in the eyes of some, my old fruit, so I'll come and slap the cuffs on myself. Best you come quietly now, we don't want anymore trouble!

[Caveira]

Re: Replica vs original.

In another lighthearted look at the replies to Snuff's thread. Which one has been blown out of all proportion?

CIVIL or CRIMINAL!

Snuff, it may appear that you have committed a criminal offence in the eyes of some, my old fruit, so I'll come and slap the cuffs on myself. Best you come quietly now, we don't want anymore trouble!

And I'd suggest you reread my post.

He has not committed an offence if he genuinely wasn't aware leading to him mis-describing them, so it would be a civil matter.

BUT, it would be criminal if they were intentionally mis-described.

[Fizzy]

Re: Replica vs original.

Fizzy in your position as a highly respected "classifieds assistant" you are happy to state that if a vendor dosesn't specify clone,copy whatever then the buyer is then able to demand a full refund if he/she was expecting an original item...

It would be wrong of me to use the position of "classified assistant" and let's face it, it means nothing outside of this forum and especially not legally. All I'm stating is personal opinion and some limited knowledge in the sale of goods act (and I do mean limited) but as RR said:
"An item sold must match the description given. So if it's not genuine, and was not described as a copy, then the contract is invalid and the buyer can get a court to enforce a refund."

Of course, court's the extreme, but if you are sold something that's supposidly genuine, and isn't, you do have a case.
However, the flip side is that the seller may have had no knowledge the item as a copy/clone/fake or whatever. As with the previously used examples, with an EoTech it's going to be pretty obvious, but Hatch elbow pads probably aren't, especially if you've never seen what the real ones look like. A buddy of mine bought some copy Oakley SI gloves and after a quick once over I didn't know they weren't genuine until I bought a genuine pair myself

[North West Outpost]

Re: Replica vs original.

If you are selling a product isn't it your responsibility to know what you are selling. Not always easy I know.

If you were to say......''Hatch type'' then I'm also sure you would be ok.

The thread seems to be getting very much out of hand for no aparent reason...lol..

[tisane]

At the end of the day on this occasion Snuff made a genuine mistake in his listing IMO.

Im sure after this thread and the possible stick hes going to get from the sale of said elbow pads, hes not going to make the same mistake again, and hopefully neither will anyone else who reads this thread.

[Caveira]

Re: Replica vs original.

At the end of the day on this occasion Snuff made a genuine mistake in his listing IMO.

Im sure after this thread and the possible stick hes going to get from the sale of said elbow pads, hes not going to make the same mistake again, and hopefully neither will anyone else who reads this thread.

And that's a perfectly good place to close this one down.