The auction clearly states "Replicas" several times.
Yes, it not appears that he illegally used picures from someone elses website.
So that means Josh has a claim against him for using his pictures (Assuming his pictures are coppywrited).
However until you receive the chips, how can you cancel your purchase?
After receiving the items you can always file with Ebay claiming that the items "not as pictured"
For all we know he used Joshes pictures to make ceramic chips using those scans.
That would mean he used pictures that were not his, but they would still be as represented, replica chips.
The seller never claimed them to be clay, imprinted molds or even exact replicas.
Lets face it, he is offering high dollar chips for $29 (or less as you mentioned you made an offer which he accepted).
I am not sure he did anything to you that would give you proper cause for canceling your order.
I still think what he is doing is wrong, and if I were Josh I would do everything within my power to file a claim with Ebay, but I dont see how he "Scammed" people who bought thes chips.
Just another viewpoint.
Am I missing something here?
Doug
|