(MA) Disclaimer in an add?

[SuperDave]

Massachusetts Law

If I bought an item with this disclaimer in it, and it turns out the item wasn't what I personally thought it would be, am I safe to demand a return or reimbursement?



This is not an Apple iPhone®. It is a similar phone with the word "iPhone®" on the back of it. I am not selling this phone as an Apple iPhone® and assume no responsibility for the brand and/or quality of this product. Buyer assumes all responsibility to fully research this product and read full description before purchase. I did not make, manufacture or commission this product. I am not attempting to sell this product at the same price as an Apple iPhone® as I am starting the bidding at $0.99


The item I'm bidding on is clearly an iPhone..I think. The price is too good however. It states no returns in the bid, but if it turns out to be a fake, am I out my money? Even through court?What is the name of your state (only U.S. law)?

 

[Zigner]

Massachusetts Law

If I bought an item with this disclaimer in it, and it turns out the item wasn't what I personally thought it would be, am I safe to demand a return or reimbursement?



This is not an Apple iPhone®. It is a similar phone with the word "iPhone®" on the back of it. I am not selling this phone as an Apple iPhone® and assume no responsibility for the brand and/or quality of this product. Buyer assumes all responsibility to fully research this product and read full description before purchase. I did not make, manufacture or commission this product. I am not attempting to sell this product at the same price as an Apple iPhone® as I am starting the bidding at $0.99


The item I'm bidding on is clearly an iPhone..I think. The price is too good however. It states no returns in the bid, but if it turns out to be a fake, am I out my money? Even through court?What is the name of your state (only U.S. law)?

If it's too good to be true, it probably is.

 

[SuperDave]

If it's too good to be true, it probably is.

Say perhaps I already bought this, and asked for a return when the seller pointed out this little disclaimer I missed..

 

[Zigner]

How did you buy this item?

 

[SuperDave]

How did you buy this item?

I bought the item on eBay.

 

[Antigone*]

Massachusetts Law

If I bought an item with this disclaimer in it, and it turns out the item wasn't what I personally thought it would be, am I safe to demand a return or reimbursement?



This is not an Apple iPhone®. It is a similar phone with the word "iPhone®" on the back of it. I am not selling this phone as an Apple iPhone® and assume no responsibility for the brand and/or quality of this product. Buyer assumes all responsibility to fully research this product and read full description before purchase. I did not make, manufacture or commission this product. I am not attempting to sell this product at the same price as an Apple iPhone® as I am starting the bidding at $0.99


The item I'm bidding on is clearly an iPhone..I think. The price is too good however. It states no returns in the bid, but if it turns out to be a fake, am I out my money? Even through court?What is the name of your state (only U.S. law)?

Guess you "thought" wrong. How can it be fake, the ad clearly stated it was not an Apple iPhone? You assumed what you wanted to assume and are now stuck with it.

 

[justalayman]

Send Steve Jobs an email on your not an I-phone. He likes to sue those that steal his trademarks. Maybe he will give you a reward for turning in the trademark infringer.

 

[Mass_Shyster]

Guess you "thought" wrong. How can it be fake, the ad clearly stated it was not an Apple iPhone? You assumed what you wanted to assume and are now stuck with it.

It sounds like it was misrepresented as being an iPhone, with a disclaimer on the bottom.

Personally, I would dispute the transaction with whatever method is available.

ETA: The ONLY Judge Judy clip I ever watched was someone selling an iPhone (or some other cell phone), with a disclaimer at the bottom that the item being sold was actually a photograph of the phone.

 

[SuperDave]

Well it says in the disclaimer that they did not manufacture the phone and claim no responsibility for the quality or brand. So I guess it's my fault for not reading enough into it. You basically sign an agreement once click okay.

 

[justalayman]

Like I said before; email Jobs. Trademark infringement is very important to him.

He has been known to personally reply to e-mails. Maybe you will get to chat with Jobs himself.

 

[Mass_Shyster]

Well it says in the disclaimer that they did not manufacture the phone and claim no responsibility for the quality or brand. So I guess it's my fault for not reading enough into it. You basically sign an agreement once click okay.

But it also says "iPhone" on the back of the phone. That is clearly misrepresentation, as well as a trademark violation.

 

[SuperDave]

But it also says "iPhone" on the back of the phone. That is clearly misrepresentation, as well as a trademark violation.

Alright, so I should alert mr. Jobs as to the manufacturer of this phone?

 

[Mass_Shyster]

Alright, so I should alert mr. Jobs as to the manufacturer of this phone?

Yup. Right after you dispute the sale of the illegal merchandise with eBay, Paypal and your credit card company.