Author Topic: Selling customized sets forbidden?  (Read 9164 times)

Offline tonguello

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Re: Selling customized sets forbidden?
« Reply #30 on: September 15, 2011, 16:26:25 »
I've purchased from Vicky many times, and she has always been a very honest seller. I never bought a custom nor have I seen customs from her. like someone said, just normal clickies.  :love:
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Offline cachalote

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Re: Selling customized sets forbidden?
« Reply #31 on: September 15, 2011, 16:40:15 »
:hmm: maybe the new mini-cameras in the new secret-agents theme have another purpose.
 :0 maybe geobra will use them to spy on us and what we do with our klickies.
an helicopter just passed over my house 3 minutes ago.
i thinks it's them.
although i am not a customizer i am still afraid - maybe i accidentaly swatched 2 pirates hats and they will get me for that.
although i have no secret-agents sets i am still afraid - maybe big-geobra is watching me.  :lens:
    honni soit qui mal y pense

Offline Giorginetto

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Re: Selling customized sets forbidden?
« Reply #32 on: September 15, 2011, 19:07:12 »
I am surprised the way this is going, could never expect this to happen actually...
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Offline Playmofool

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Re: Selling customized sets forbidden?
« Reply #33 on: September 15, 2011, 21:46:28 »
There is some kind of "restriction law" on customized klickies on the geobra homepage.

I don't know if they can win every lawsuit just by putting some kind of "geobra law" online (for example: the rights of artists have to be respected), but at least it may be the basis for their lawyers to take action - and their lawyers are probably well-paid experts. It may be you run out of money before any judge tells you that you are entitled to customize klickies any way you want.

I just looked it up: Here is the link (German version)
It dates from 2009.

http://www.playmobil.de/on/demandware.store/Sites-DE-Site/de_DE/Link-Page?cid=CUSTOMIZING

This may the "official basis" for what is going on.

Offline bonniebeth

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Re: Selling customized sets forbidden?
« Reply #34 on: September 15, 2011, 21:50:12 »
It may not hold up in court though. Just like the "we are not responsible for...." labels on some products or in public places. You can't just make up your own law. A judge may well say, "oh yes you are responsible for...." whatever. Same here, a judge could easily rule that they have no right to dictate what people do with their toys.
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Offline Playmofool

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Re: Selling customized sets forbidden?
« Reply #35 on: September 15, 2011, 21:53:11 »
Of course, but you may have to go through a number of court cases running the risk of ruining yourself BEFORE a judge tells you exactly that and geobra has no other court to go to for appeal.

Offline Baron Marshall

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Re: Selling customized sets forbidden?
« Reply #36 on: September 15, 2011, 21:58:16 »
most of what geobras documents says though is about what they are "tolerant" of, and not what you are allowed to do...

indicating that the official policy is basically...

as long as you aren't cutting into our profits or marketing non-factory playmobil to kids, then we aren't going to get uptight about it...

In relation to this and other cases, provided that PM is following its own statement... then there are facts being withheld that indicate violation of this... my bet would be on cutting into profits... even if it is just profits for Playmobil just in Malta itself.
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Offline BlackPearl2006

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Re: Selling customized sets forbidden?
« Reply #37 on: September 15, 2011, 23:19:55 »
"Danger to children comes from today's perspective, then, if the characters were changed, for example, as follows:
 ◦ bend by heating with electrical equipment or open flames
◦ decorations with sharp parts e.g. Metal wires
◦ manipulation of the figures with a hammer and nails
◦ painting the figures for toys with no shared lacquers and paints "

I cant imagine how customizing in this way poses a danger to children-- unless its the children themselves who are doing such customizing, and even so, I'm not sure how customizing a playmobil product AFTER it's already been purchased would be Geobra's liability.  It's the parent's job to supervise what their kids are doing, not the toy's fault for what is being done to it (the toy).  UNLESS THEY'RE CONCERNED THAT A CUSTOMIZED TOY WHICH MAY NO LONGER BE SAFE FOR THE ORIGINAL AUDIENCE (children) IS BEING SOLD TO CHILDREN....in which case, as a second-hand seller, maybe you can put a disclaimer on Playmobil's behalf stating something like:

"While initially based off of a stock Playmobil toy, this customized creation is for sale by private transaction only, intended for the adult enthusiast and is in no way endorsed by Playmobil for mass release to the general child-aged consumer group as it may no longer meet factory safety standards for children.  By purchasing this custom you agree that you are at least 18 years of age and have read our disclaimer that this custom is meant for adult collectors only and is not reccommended for children."

Maybe if customizers include this verbage on their invoices and on their auctions, Geobra can be satisfied with that?  Also, as long as it isn't cutting into their profits (so don't make an ebay "store" and list more than one of the same kind of custom over and over again)....and in other words, try to stay off their radar by just keeping a low profile.  and if you're a store owner, don't sell your customs through your store, but rather simply as a private transaction not associated with your store.
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Offline bonniebeth

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Re: Selling customized sets forbidden?
« Reply #38 on: September 16, 2011, 03:28:35 »
Of course, but you may have to go through a number of court cases running the risk of ruining yourself BEFORE a judge tells you exactly that and geobra has no other court to go to for appeal.

Yes, this is quite true. :-\
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Offline playmo1989

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Re: Selling customized sets forbidden?
« Reply #39 on: September 16, 2011, 06:12:11 »
Come on everyone knows that klickies are assembled on the inner thy of a ........ Never mind, where is that Cuban cigar  ;)

well i didn't know  ::) ,but take them home? i don't think such a thing is happening ,why take them home while they can do it in their workplace... what Cuban cigar ??  ???
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