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  1. #1
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    website templates on ebay? But no resell? Statue of limitations?

    Hello to all,

    I bought a template package on Ebay, and the seller claimed 1,000,000 templates. There are not that many, and there is no resell documentation nor is it listed that the seller has the rights to all of these templates.

    I was ok just letting it go. But then the seller kept hounding me for feedback. So I wrote back after multiple times that said that I did not like them and did not feel that they were worth it.

    So the seller wrote me back and used the f bomb many times and a few other choice words describing what kind of person they think I am.

    So now I am a bit upset.

    So I am curious how far I can push this issue?

    If there are not resell rights for each template is that an issue? Or is there a certain amount of time like a statue of limitations that runs out on website templates, then they become free to anyone?

    I know this might be more of an Ebay issue, yet I feel that some things said were targeted towards all web designers not know a good design when they see one.

    Anyways I just wanted to see what options I may have.

    Thanks

    Chris
    Go broncos

  2. #2
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    Statute, not statue. A statute of limitations limits how long you have after an event to file a lawsuit.

    You'll be dead before the copyright on those templates expires, so don't wait for them to fall into public domain. If you believe the seller may not have rights to the templates, then don't use them, lest you violate the authors' copyrights as well. Your purchase from a 3rd party will not be a viable legal defense, at most it'd reduce the damages if the judge believes you unknowingly infringed.

    Caveat emptor, buyer beware. A reasonable person would not expect to receive a million templates, that's more than all the templates ever designed by every designer on the planet. And you can't recover for the purchase not having something you expected unless the seller actively concealed something or otherwise perpetrated fraud.

    Leave negative feedback on eBay, and if the auction description doesn't match what was delivered, open a dispute with PayPal or however you paid. But you can't act on what you received being different from what you expected if what you expected wasn't there in the description. For example, it's not a legitimate complaint that there's no documentation if documentation wasn't promised. You should have asked for clarification before agreeing to purchase. The auction description was the offer, your payment was the acceptance, that creates a contract between you and the seller to which you are BOTH bound.

  3. #3
    SitePoint Addict g1siberia's Avatar
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    definitely leave negative feedback as he cannot do the same for you. if you bought a physical product file a dispute with paypal and get your money back. and then forget about it, its not worth your concern to deal with people like that.

  4. #4
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    What made me made is that I was fine that it was not right. The templates are outdated and I called it a wash.

    But he kept hounding me for a positive feedback and so I finally just mentioned that I did not like them and they were not what I expected.

    Then the seller started with how a good designer would know how great his templates are and that I am a f - er for giving a negative feedback and that I am a (cat) and a what you feel from touching a rose (p) and on and on.

    So I got mad of course and started questioning if the seller had the resell rights and such. Also if the seller had 1 million templates I should received them as promised.

    So its more of the principle at this point, and I am prepared to go to court to get what I deserve, just looking for advice if there is loopholes or something.

    Chris
    Go broncos

  5. #5
    SitePoint Wizard
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    Dan's advice is right on the money Chris.

    I'd say if you're unhappy with these templates and they're not what they were claimed to be, ask for a refund. If they refuse, post the negative feedback you were planning and then file this away as a lesson learned.

    Unless you paid thousands of dollars for these things, suing doesn't seem worth it if you look at your time and costs just to prove a point here.

    Steve
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