Bad Power 9 sellers on ebay

[Razvan]

I am not sure how well received this will be, but I believe it is important. I will sort of try to keep a masters list here. It doesn't necessarily have to be power 9 sellers, but I won't add the seller if you got ripped on just 3 commons.

First, let's start with this:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=5913534337&ssPageName=STRK:MEWA:IT

Seller: lord_hunter_zero

Title: MTG P9 Beta Mox, Black Lotus, Timewalk

Reason:

Says he sells beta power. Several times. Then has a long disclaimer, written in small font, bright-red color.

Please read this carefully, by placing a bid you have willingly agreed to these terms and I am not liable for any complaints within these terms.

and

These cards are perfect proxied version of the real thing.

Somewhere in that massive paragraph. Note: I missed it the first time I read through it, even though I was told it is a scam.

[Moridar]

Yeah I was about 5 minutes from bidding...  Read the fine print for some reason and found that statement.   I emailed the winning bidder and he is contacting the seller.

Wayne

[Komatteru]

He can probably be reported for misrepresenting merchandise as well as selling counterfeit merchandise.  A proxy of a Beta card is not a Beta card now is it?

[Moridar]

it is sketchy at best...  He says read the terms & conditions and the ones that didn't bid on it.  Does the Ebay rules over rule the terms that the seller put on his items...

Wayne

[Seifyk]

I think the seller wins here.  RTFP.  If you're going to spend 2 grand on something and you don't read the fine print, I'll call you a fool.

[Lost In Admiration]

I'd tend to agree with Seifyk.  While the seller is being shady, the best way to protect yourself against this sort of thing is to read the details and be informed.

Isn't selling fake cards against ebay's policy?

[Moridar]

Then the seller is the suck!!!

And it all falls under the read the terms and condition...

Wayne

[Ric_Flair]

Express warranties cannot be disclaimed.  Whoever is going up against this guy should definitely win.  Also all disclaimers must be conspicuously noted.  This was not.

[Razvan]

Express warranties cannot be disclaimed.  Whoever is going up against this guy should definitely win.  Also all disclaimers must be conspicuously noted.  This was not.

The man speaks the truth. However, the first sentence is a bit confusing (I get the general gist of it, but I would like an explanation).

[Ric_Flair]

Sorry.  Here is the explanation:

A warranty is a promises regarding facts related to the item sold made by a seller that are included as conditions that must be met by the seller otherwise they are in breach of contract.  In many states there are also special consumer protection laws that allow for special damages.  A disclaimer is a statement by the seller that explicitly disavows liability under a warranty.  There are usually explicit or implicit warranties.  Explicit warranties, called express warranties, are warranties made by the seller through words or acts.  They cannot be disclaimed.  There are two or more implied warranties, warranties read into a sales contract by the law.  They can be disclaimed if they are done so conspicuously.

In other words you can't say "I am selling a Black Lotus" only to later say in tiny words: "I am actually selling proxies."  That is a clear breach of an express warranty.

[Royal Ass.]

it is illegal to sell proxy cards because they are copywrighted by wizards- even if it says "proxy" on the card.  you can resell old real cards, but you cant make copies and sell them even if you clearly say it is a proxy.  this guy didnt even do that.

[Ric_Flair]

It is illegal to sell proxies, but a buyer cannot recover for patent, copyright, and trademark violation, only those rights holders can.  In otherwords you and I can't recover from the seller for proxies.  Only Wizards can.  The best theory of recovery is a breach of contract and a breach of an express warranty.  If this guy regularly sells Magic cards then he could likely be deemed a merchant, kicking in consumer protection laws.  This is all just general statements that could change based on the state of the buyer and seller and the choice of laws method (how to choose between different state laws both of which have a substantial relationship in the case) in the applicable states.

[HuntedWumpus]

Wow, this guy is scum. If you read the entire advertisement you get the impression your bidding on a beta set of power, until that tiny little sentence he disguised in that paragraph. He is obviously misrepresenting his merchandise and knows all to well his goals in this scam. I think he needs to be shut down and banned from ebay, What he is doing is illegal in two ways is it not?