Terms and Conditions on Badge Web Sites
 

I am not referencing any one particular party......I am merely presenting you with a hypothetical scenario of which I am interested in your opinion.

If I were to setup a web site with badges for sale......of which eighty percent of the stock was fake......does it make it ethically acceptable not to list them as fake if I have a returns policy which states that you can return any item for a no quibble refund? Also, would such a web site be legal?

Thank you for your opinions gentlemen.

Legal yes - ethical no.

JJ,
I have nothing against restrikes or reproduction items when they are sold as such. As mentioned here on the Forum, a lot of people could never afford some of the originals or have a chance of obtaining one. Sometimes people are happy to have a representation..

In my opinion people can sell what they want as long as the item is not described as something it is not!


Andy

Interesting question.

what about, you have return policy stating all returns accepted within 7 days. And I, as a customer ,discover the badge is a fake after these 7 days.

is the return policy stating a number of days legally binding or should the dealer refund after these given days ?

I quest there is no time limit on a lie ?


Albert.

Hi Andy,

My point is how about 'not saying' if the badge is right or wrong in the description. By not saying and offering a full refund does that make that situation forgivable by the collecting community and the law?

If I were to turn around and say "sorry I didn’t know it was a fake, here is your full refund" yet on the other hand I am expounding on my web site about my 30 years of experience in the field of badge collecting.......

By saying I have 30 years of experience in my opinion what I am doing is trying to build a sense of trust into any potential customer that what I sell is always correct. So there is actually no need to state in every badge description.....the word genuine, original, circa etc!

Fascinating and very good point Albert. 30 years down the line, one decides to the sell the collection only to discover from the word of a dealer that the whole lot consists of fakes and restrikes! Where exactly does that collector then stand when considering the returns policy of the people he purchased them from? He never questioned the items in the 7 day period.....so is it hard cheese old boy?

Can anyone write a terms and conditions that is legally binding to all customers even if it breaks laws in regards the Trade Description Act of the United Kingdom?

JJ,
when I started my ebay site, I would only put the tag "Genuine" or "Original" on items that I was certain about, I have sold restrikes in the past and made no reference to them being Genuine or Original, however my conscience has got the better of me and now I list them as modern or restrike, as IMO if you know they are you should state so! Some sellers genuinely do not know what they are selling and I can excuse that!

As to returns, there should be no time limit as sometimes it takes a while to find out that an item is not what it was sold as! I've had genuine badges returned (only 2 or 3 out of many thousands) and have refunded without question and in many cases the buyer has returned to my site.

A seller should take on the responsibility, even the Auction houses if an item is returned.

Andy