This seller claims she is going to try to sue me...UH...What do you guys think?

  1. In a nutshell: I bought a Marc Jacobs bag that she stated in her auction was like brand new, only used once, and the only problem was a little tiny pen mark. I asked her if I could buy it now, and she set up a buy it now price for me.

    Then I receive the bag; yes there is a pen mark that is not "tiny" and there are loose threads and 3 grease/oil marks around the body. Feeling as if I had by screwed, I emailed her and said I do nto want this bag, it was mis-represented and I will pay for shipping back.\

    Then starts an onslaught of emails from her, syaing she did me a big favor by setting up the buy it now for me and there were many other interested buyers. I told her all I wanted was a refund. We were getting no where, and finally I said I would accept a partial refund...thinking like 10, 20 dollars tops. She emails me and says she wil refund me 60 bucks. I accept it.

    We leave + feedback for eachother.


    I study the bag and realize that I can fix the few loose threads and I take a top quality leather cleaner and go over it with a fine tooth comb to make it look immaculate. In the end, I realize that the bag is too small for me as it can only fit like a wallet, a cosmetic bag comfortably.

    I re-list the bag on eBay stating that I bought it from another Ebayer who used it once, and that I never used it and that the bag is in like new condition with the excpetion of the pen mark (which is significantly less noticable now, since I worked on the bag)

    Given that is the same bag, I used the same pictures she used because I do not have a digital camera right now.

    She emails me and says what I did was fraud and she is an attorney and she will turn me into eBay trust and safety, call the police, call the US attorney General, and attempt to sue me.


    Uh. My brain is spinning too much to even think straight right now.


    Could you ladies give me some feedback on this situation?

    I realize her claims about what she will do (i.e. US attorney) are ridiculous

    But...did I screw up somewhere

    Or..Is this just a really screwed up, moron woman who is mad becuase I might make more money off her bag than she did?


    Any response will be appreciated
     
  2. Hopefully, others will chime in here...
    But you bought it and now it is yours to do with as you see fit.
    It's none of her business any more.

    As to her pictures, I'm not sure. But for the bag, it's yours to keep or sell.
     
  3. Firstly I can understand why she feels annoyed, you claim that the bag is dirty then it turns up as almost spotless on eBay. You repaired the threads & don't mention the grease marks because you got them off but perhaps she didnt notice them on the bag (unlikely but possible) she thinks that you lied to her to get money back.
    Secondly, while the bag is yours to do with as you please it was a huge mistake to use her pics without her permission. That is picture theft & ebay forbids it sorry I don't want to sound harsh but you should have asked her permission. Ebay will take down your auction for doing that if it is reported.
    I don't think she will sue you but you could perhaps try to calm the waters by apologising for using her pics & explaining that you cleaned up the bag & why you feel the need to resell it.
    Good luck!
     
  4. Yeah. You can totally resell that bag BUT you cannot reuse her pics. That is not allowed on eBay & really frowned upon because people "steal" photos of real bags & then send fakes.

    Ebay can end your listing AND prohibit you from being a seller for using another persons pics w/o permission.

    My advice; end the listing. DO NOT use her pics. Wait until you get a camera & then take your own, You are not allowed to use other peoples photos.
     
  5. You cannot use her pictures! I am sorry but that is against e-bay policy. I have turned in a guy for doing it to me. I was/am mad and still in the process of pursuing legal action. It is wrong. You can re-list it with your own description/pictures but cannot use hers. This is grounds for a lawsuit. As you have copied her "stuff".

    Just take it down and apologize. Re-list with your own description/pics k?
     
  6. As MassLaw said. Take the auction down, apologize to the seller for using her photos and wait until you get (or can borrow) a camera. Also make sure you use your own description when you relist.
     
  7. Yes, bagangel and masslaw15 are absolutely right. You can't use pictures of someone else even though those pictures are of the same bag. You violated her copyright and eBay will close your auction once the previous seller reports you. My advice is that you should close this auction early and wait until you get your own camera, then you can list it up again.

    I think the previous seller is mad because you claimed to her that the bag has a pen mark that is not "tiny" and there are loose threads and 3 grease/oil marks around the body. But when you listed this bag up for auction, you stated that the bag is in like new condition with the excpetion of the pen mark (which is significantly less noticable now, since I worked on the bag).

    All in all, the bag is yours now and you can do whatever you want with it. But don't use her pictures. If it's possible (but not necessary), you should mention that when you received the bag, the condition wasn't like the previous seller stated, but you worked up the problem and now it's in like new condition.
     
  8. Forgot one thing, you should apologize to the seller as well for using her pictures to soften up the situation.
     
  9. I ditto the others.

    You stole her pictures.....that is a BIG NO NO on eBay and outside of eBay. You will see TONS of posts here about people doing this.

    And yes, it is grounds for a lawsuit. Even outside of eBay. You can never ever just take someone's photos and claim them as your own. There are copyright laws for this.

    Also you made an agreement with her and backed out on it w/out even letting her know. That is just not how people should deal w/ others on a business transaction.

    Also, if you relist. You need to be very honest in the auction. The bag is actually not in like-new condition. You should be putting, "excellent used condition". That would be more acurate and honest.

    I really can understand why the seller is quite upset.


    Please take the auction down immiediately. And you should email her an apology. Maybe if you apologize and try and talk to her, she will back down.


    Good Luck and hopefully things will work out in the end.



    Ok. Never mind. I see you are no longer registered eBay user, so I guess the auction is gone now.


     
  10. Using someone's pictures taken from somewhere else is not against eBay's core policies. It's more like a small infraction and just plain not nice. However, just to be clear, taking someone's pictures is not against the law. If the pictures are not protected by a copyright then there's no claim to be made. Copyright is not ownership. A copyright is associated with a company trade name & that has to be registered to be defended in a court room. Basically, you relinquish control of abstract property once it hits the web. the best thing is to put a watermark on all your pics to make sure if it happens, you can let eBay know and resolve the matter pretty quickly.
     
  11. i think the only wrong thing that you have done is using her photo, and maybe you should take down the photo and use your own on the listing tell the truth regarding the conditon when you receive it from the seller. and in a first place when she said that she was a lawyer..yah right!!! why then she lie about the real conditon of the bag... oh i get it she's a lawyer , so thats her job to cover up a lie:p

    and one thing that really pissed off :censor::mad: is when this people try to blackmail by saying that they were a lawyer , that my brotherr is a lawyer just to shut you up. like my case right now this wacko seller, always threatining me w/ her brotherr as a lawyer... this is ********:cursing:
     
  12. Im sorry..I dont understand..how did I back out of anything will this seller and "not even let her know"

    In regards to 86 Leo's post

    She has filed a claim with Ebay and says she wants the money she refunded me for the bag sent back to her.

    I dont know...do you guys think this is right...I hooked the bag up...cleaned it, sealed it, repaired the loose threads and more
     
  13. and to user Mounia...how do you know all that legal stuff? Thats fascinating...are you an attorney?
     
  14. Ebay provides you with a watermark when you upload using their pic system. The watermark may not be reproduced on someone elses auction. It is copying the picture. Therefore, it is watermarked by you and ebay:

    Seller agreement/policy
    Using eBay

    While using the Sites, you will not:
    • post content or items in an inappropriate category or areas on the Sites;
    • violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
    • use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
    • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
    • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
    • manipulate the price of any item or interfere with other user's listings;
    • circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
    • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
    • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to eBay);
    • transfer your eBay account (including feedback) and User ID to another party without our consent;
    • distribute or post spam, chain letters, or pyramid schemes;
    • distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
    • copy, modify, or distribute content from the Sites and eBay's copyrights and trademarks; or
    • harvest or otherwise collect information about users, including email addresses, without their consent.
     
  15. So is using someone elses pic grounds for a lawsuit and is it illegal?