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ebay seller premiereviolin? what u think?


Dora
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The true color is the darker one.  I added two fine tuners the

c and g pegs are murder to turn, and they seem to slip alot!

 Took it out of the case and the strings on the A was totally

off.  It came with spirocore and I think Jargers, they looked

very old the windings were all fuzzy and frayed.  I then put

on obligatos & jarger.  The combo sounds good.  The

cello is not real loud, has a real sweet, clear voice.  What

is odd is the neck of the cello is not finished.  The make of

it he really does not know, he is thinking probably Chinese, he

said it is lighter in weight, but a very good Chinese.  He

wants to look at it again, when I brought it in school was just

starting and he was swamped with students, so he really did not

give it a real good look.  He wants to measure it and check

the thickness of the wood and probably other stuff that luthiers

do!  He said if I wanted to bring it in for a trade in on

another instrument he would.  I need to regroup my funds

before I do that....I blew my wad on this one!!

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quote:


Originally posted by:
escargofast

What is the Uniform Commercial Code?

 I would like to pursue to get my money back, the cello is

nice, but if I had the choice on cello's I would not have bought

it.   Now that I bought this cello, I am a little more

savvy on fake labels.  Plus with his photos, I have asked

him(under my daughters ebay id), that he send me a regular digital

photo of his instruments and he said he would and never did.

 The only one he did send out was on the Ficker cello that he

wanted me to trade, but not all the sides that I requested.

 When he sold the Ficker there was a crack in the rib.

I might have been wrong about it being the UCC...it could be the FTC Act instead:

quote:


What truth-in-advertising rules apply to advertisers?

Under the Federal Trade Commission Act:

advertising must be truthful and non-deceptive;

advertisers must have evidence to back up their claims; and

advertisements cannot be unfair.

Additional laws apply to ads for specialized products like consumer leases, credit, 900 telephone numbers, and products sold through mail order or telephone sales. And every state has consumer protection laws that govern ads running in that state.

What makes an advertisement deceptive?

According to the FTC's Deception Policy Statement, an ad is deceptive if it contains a statement - or omits information - that:

is likely to mislead consumers acting reasonably under the circumstances; and

is "material" - that is, important to a consumer's decision to buy or use the product.

What makes an advertisement unfair?

According to the Federal Trade Commission Act and the FTC's Unfairness Policy Statement, an ad or business practice is unfair if:

it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and

it is not outweighed by the benefit to consumers.

How does the FTC determine if an ad is deceptive?

A typical inquiry follows these steps:

The FTC looks at the ad from the point of view of the "reasonable consumer" - the typical person looking at the ad. Rather than focusing on certain words, the FTC looks at the ad in context - words, phrases, and pictures -ÿto determine what it conveys to consumers.

The FTC looks at both "express" and "implied" claims. An express claim is literally made in the ad. For example, "ABC Mouthwash prevents colds" is an express claim that the product will prevent colds. An implied claim is one made indirectly or by inference. "ABC Mouthwash kills the germs that cause colds" contains an implied claim that the product will prevent colds. Although the ad doesn't literally say that the product prevents colds, it would be reasonable for a consumer to conclude from the statement "kills the germs that cause colds" that the product will prevent colds. Under the law, advertisers must have proof to back up express and implied claims that consumers take from an ad.

The FTC looks at what the ad does not say - that is, if the failure to include information leaves consumers with a misimpression about the product. For example, if a company advertised a collection of books, the ad would be deceptive if it did not disclose that consumers actually would receive abridged versions of the books.

The FTC looks at whether the claim would be "material" - that is, important to a consumer's decision to buy or use the product. Examples of material claims are representations about a product's performance, features, safety, price, or effectiveness.

The FTC looks at whether the advertiser has sufficient evidence to support the claims in the ad. The law requires that advertisers have proof before the ad runs.

What kind of evidence must a company have to support the claims in its ads?

Before a company runs an ad, it has to have a "reasonable basis" for the claims. A "reasonable basis" means objective evidence that supports the claim. The kind of evidence depends on the claim. At a minimum, an advertiser must have the level of evidence that it says it has. For example, the statement "Two out of three doctors recommend ABC Pain Reliever" must be supported by a reliable survey to that effect. If the ad isn't specific, the FTC looks at several factors to determine what level of proof is necessary, including what experts in the field think is needed to support the claim. In most cases, ads that make health or safety claims must be supported by "competent and reliable scientific evidence" - tests, studies, or other scientific evidence that has been evaluated by people qualified to review it. In addition, any tests or studies must be conducted using methods that experts in the field accept as accurate.

http://www.ftc.gov/bcp/conline/pubs/buspubs/ad-faqs.htm

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Someone else told me about that organization and that I should

really pursue it.  My dilemma is I think there disclaimer they

have on their adds releases them from any recourse of a refund or

return.  I am no lawyer, but I should probably

have one look at their disclosure, to see if there is a loop hole.

 Here is the disclaimer, I have noticed that he has changed it

throughout his auctions:

 

Generic Legal

Consignment/Auction Statemente

1.  Your bid is a contract.  By bidding on this item, you

are acknowledging these auction terms, and have read the auction

listing in its entirety.

2. All property is sold "as is".  There is no return or refund

policy.  Neither Fine Consignments, nor any consignor makes

any guarantees of any kind or nature with respect to the property

unless specifically stated in the auction description. 

 

3.  The photos are intended to help you make your decision on

whether to bid or not.  Any condition statement is given as a

courtesy to a client, is only an opinion and should not be treated

as a statement of fact.  Fine Consignments shall have no

responsibility for any error or omission. The absence of a

condition statement does not imply that the item is in perfect

condition.

4.  Non-paying bidders will be left negative feedback.

5.  If you wish to enquire about a retail sale of an item;

please contact us privately at "mailto:fineconsignments@gmail.com">fineconsignments@gmail.com.

6.  If you have a specific question concerning the item which

is not addressed in the auction description (we cannot always

describe every single nuance of every single item in such a small

listing), you must ask all questions prior to bidding.  No

exceptions.  We are here to answer any and all of your

concerns, so please do feel free to email.  It

shall be known that Fine Consignments takes no responsibility for

customers not asking their detailed questions.

7.  Fine Consignments will not take responsibility for the

errors of a third party shipping company.  In the extremely

unlikely event of damage in shipping transit, all necessary

documents including postal, insurance, and tracking receipts will

be supplied to the buyer to facilitate the insurance claim

process.  Fine Consignments, may, in its discretion and at a

purchaser's request, package and ship items as directed by the

purchaser.  In such event, purchaser agrees that all such

packaging, handling and shipping is at the sole risk of the

purchaser and that Fine Consignments shall have no liability for

any loss or damage to such items, and the purchaser shall pay in

advance, all packaging expenses, including labor, materials and

postage and carrier fees, and all insurance charges.

8. Bidding on any item indicates your acceptance of these terms and

all other terms related to this sale.

I have contacted several of his recent buyers of some of his

instruments that had suspicious looking labels to see if they liked

there instruments.  No one has contacted me back, I only do

this once auction is over and once enough time for them to get the

instrument appraised or at least set up.  My cello came with

all the pieces in a bag.  

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Did you save a copy of the screen that advertised the cello you bought? That would be best, but even having a record of his changing the terms from one instrument to the next would be a help.

In your place, I might indeed talk to a lawyer, because this man's disclaimer is mostly a bluff. That's what the FTC is all about: setting minimum standards that cannot be disclaimed. This man is in business and is making money by selling things that he can inspect carefully but you can't. And I would bet he is mostly selling on his own account, too, rather than on consignment as he cliams. Since he is in business and not a one-time seller, the FTC says he has a duty to describe his goods fairly and accurately, not omitting any factor that would have an effect on the price or on your willingness to buy.

(Do you remember the case some years back about how GM was found to be putting Chevy engines, I think it was, into Cadillacs? There was an enormous stink over it because to justify the price difference GM advertised Cadillacs as being much better cars than a Chev. They tried to disclaim and duck out, but it went to court and they lost. I don't remember exactly what happened to them, but I seem to remember that since they're such a big company it wasn't much (the American way!). But they did lose in court, because of having breached their duty to deliver the product they advertised.)

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The disclaimer escargo quoted sounds almost the same as the seller premierviolin's, which I used as an example in an earlier thread. Therefore, I am copying the one I got from PV's recent auction: eBay#7327902922. Since FC "joined" this year and PV last year, FC apparently committed plagiarism if they are not the same company. I saved the evidence in case you need it later. I know we have attorneys on the board, can we have them take a look at it even though comsumer fraud might not be in their field?

Conditions of Sale

1. Your bid is a contract. By bidding on this item, you are acknowledging these auction terms, and have read the auction listing in its entirety.

2. All property is sold "as is". There is no return or refund policy. Neither Premiere Violins, nor any consignor makes any guarantees of any kind or nature with respect to the property unless specifically stated in the auction description. All of our items are represented by their incredibly detailed and clear photos - you will receive exactly what you see in the auction photos, and nothing more. If you would like to request additional photos of any aspect of any item listed, please feel free to email and we will have them taken for you right away.

3. We do our very best to fairly and accurately describe our items. Our incredibly detailed photos are available to help you decide if you wish to bid on this item. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. Premiere Violins shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the item is in perfect condition.

4. Non-paying bidders will be left negative feedback; however, negative feedback is always a last resort. In addition, bidders with 0 feedback must contact Premiere Violins prior to placing a bid.

5. All items are being sold outside of eBay as well, so as the seller, Premiere Violins reserves the right to cancel all sales in any situation if necessary. If you have questions concerning this instrument in a retail sale, or any other items, you may inquire privately at premiereviolins@gmail.com for more information.

6. If you have a specific question concerning the item which is not addressed in the auction description (we cannot always describe every single nuance of every single item in such a small listing), you must ask all questions prior to bidding. No exceptions. We are here to answer any and all of your concerns, so please do feel free to email. It shall be known that Premiere Violins takes no responsibility for any unasked questions.

7. Premiere Violins will not take responsibility for the errors of a third party shipping company. In the extremely unlikely event of damage in shipping transit, all necessary documents including postal, insurance, and tracking receipts will be supplied to the buyer to facilitate the insurance claim process. Premiere Violins, may, in its discretion and at a purchaser's request, package and ship items as directed by the purchaser. In such event, purchaser agrees that all such packaging, handling and shipping is at the sole risk of the purchaser and that Premiere Violins shall have no liability for any loss or damage to such items, and the purchaser shall pay in advance, all packaging expenses, including labor, materials and postage and carrier fees, and all insurance charges.

8. Bidding on any item indicates your acceptance of these terms and all other terms related to this sale.

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This is getting sort of strange!  FC claims in their

description that they take wording from other consignment shops to

create there own disclaimer.  My question is has any one

bought anything from PV?  Because if they have I wonder if the

contact info is the same!  FC in their writing allways says

"we" when referring to the company.  But all my emails are

from one person.  And yes I do have the orginal auction saved

to disk, I save everything from all my ebay transactions until I

get the product and I approve of the item.  

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I think PV & FC is one in the same....I was reading through PV

feedback and in one of them they thanked him by his first name.

 When I called my seller from FC on his cell phone, the name

he used on his voice mail was the same as the feedback.  But

on emails to me he uses his middle name.  I

wonder....enquiring minds want to know

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The more I am finding about this seller, the more angry I get!

 I feel so naive &  what is the word.....dumb!!

When this first happened I felt so depressed &

ashamed, that ME (the person who NEVER takes risks) fell for this

auction!  I feel better since I have blurted it out here.

 I have not told anyone beyond my husband and daughter.

 Believe me all the bells and whistles were going off in my

head, couple of my friends,husband and my daughter (who the cello

is for) said it looked like a nice cello and thought it would worth

the risk.  I knew there was a good chance it would not be

authentic.  But I figured it would at least be the close to

the age that they said it was, which was 50+ yrs. old, or even

European!  It may be European( I don't know how you could tell

though)  They are good at what they do, he was very

sympathetic to my fears and reassured me that I would get "a

cello", his wording is slimy.... a cello, not the vintage cello he

advertised.

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Is it really dumb to want to think the best of people, though? I don't think it is, anyway. The people who are dumb as far as I'm concerned are the ones who applaud the growth in untrustworthiness and predatory practice we've been seeing for the past 25-30 years. They rejoice in the licence it gives them to steal and think they're big-time predators when they occasionally score for a few pennies, all the while being too dim to notice that they themselves are being taken for dollars every day.

Will you wave a lawyer at that seller, do you think?

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Bean, I want to thank you for understanding my position and making

me feel better.  I am a good hearted person and I firmly

believe that we will all meet out maker one day, and what we do on

earth will be remembered at the end.  He may not get his

paybacks now, but it will all come back to him one day.

I will try to contact an attorney, my brother in law

knows several and I will talk to him about this to see if it worth

going after.  What is not fair, on ebay he can disappear and

surface with a new name and identity and start over.  Who

knows if the address I have is really his home or someone he knows.

 So, volti-instruments is FC?  Well that is just swell, I

contacted his other identity ( something baller)  about a

purchase he made with FC.  No wonder he had nothing but good

things to say!  

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The problem with being a crook is that it jades us against mankind to the point where we no longer have faith in humanity and conclude everyone else is a crook too. When a person gets to the point where they feel everyone is a crook like themselves, then they are suspicious, distrusting and miserable. They lose the ability to have friends and to love others and be loved.

Their punishment begins long before they meet their maker.

Jesse

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