Been a long time since I have posted, but I do read the Board almost daily. I am intrigued by the discussion of the commemorative set in question.
My first point is, in my view, the wording of article 6 leaves a lot of room for individual interpretation.
In this case, by putting the closing date of the casino on the inlay, the seller feels that he has indicated these chips ar not being presented as actual casino chips. That is enough for him, and it may be enough for many others. I am sure some of us would like to see more, but please bear in mind, this man runs a business. Would you require this man to read some sort of waiver to every potential buyer that walks into his shop? That is not practical.
Clearly indicated exactly where? On the chip? On the ad? In the actual representation at the time of the sale? My view is in this case, if someone made a formal complaint on the basis of #6, it could easily be reasonably argued that he has indicated the nature of the chip.
That being said, Mr. Kaplan has every right to question if the sale of these chips as currently presented is potentially misleading. This is a public forum, the chips are, by their nature phoney, and it is possible someone may be misled, although I have always argued that a buyer who spends more than a couple of dollars on a chip can't complain that he was duped. Stupid is as stupid does. Do your homework. And please don't tell me it may turn someone off to the hobby. If the worse move I ever made in this hobby was overpaying for a commemorative (or Borland) I thought was real, I would be way ahead of the game. Speculation on over hyped limited edition chips killed far more collectors who should have known better. Spending too much on a commemorative is a cheap lesson.
One last point, to Rich. You own a business, so do I. Sooner or later, someone won't like something you did. You have to realize that you cannot please everyone, all the time. You put it out there that you think you have done enough to be sure you are not misleading any potential buyers, and in the end, your opinion is the one that mattrs most, because it is your business!
Until next time......
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