refunded buyer but sent back a copied item where do I stand?

plattinum wrote:

...refunded buyer but sent back a copied item where do I stand?... I opened it up and found that this was not the same item I sent her. She has switched my item with a copy. I could tell straight away by the printing on the box. I know exactly what I want to say to this woman, but just wondering where I stand, as I think she may try and claim the postage costs back as well!

You are a victim of the "Buy, Switch and Return" scam, and in all likelihood your buyer has done it before to other unsuspecting sellers. Suggest (as mishkanorman mentioned) that you check buyer's recent purchases for other victims and contact them to see if any of them were scammed. If so, ask them to complain to eBay and PayPal (if applicable). Also check buyer's eBay feedback for possible updates from other victims.

plattinum wrote:

I dont ebay very often so not very familiar with their policys.

eBay doesn't have any policy about this, however it is covered as a criminal offense under Section 2 of the Fraud Act 2006 as Fraud by false representation wherein a person is in breach of this section if they dishonestly make a false representation, and intend, by making the representation to (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. If you were paid by PayPal you should make a print out of the buyer's full details and all emails (with full headers) as evidence.

There are several options open to you beginning with the simplest:

Ask the buyer to return the genuine perfume you sent them. Give them an "opt out" by saying that they may have inadvertently sent you a counterfeit copy. The original you sent her has your "special" marking which are absent on the returned item. On receipt of your genuine perfume you'll return their counterfeit perfume. Ask them to do so within a certain time frame - say three business days and to keep in touch as to progress. However, if your buyer is a scammer and determined to keep the genuine article without paying for it, then they probably won't cooperate or reply.

Fortunately if you have a friend, associate, relative or old school mate in the Police or Security forces, you can often call in a favour and get an immediate result. Ask them to make a phone call to the buyer along the lines of "they have received a fraud complaint against the buyer and when would it be convenient to interview them..." - they'll often agree to a full refund then and there before it become 'official'.

Otherwise you'll have to go through the motions and ring your local Police station to make an appointment to see a CID officer - don’t frustrate yourself by arguing your case with a desk clerk in reception - they are instructed to dismiss all cases of 'counterfeit items' as purely civil matters. (After all fewer 'open' cases or crime reports look better to the bureaucrats in Whitehall.) Try and schedule a quiet time for your first appointment i.e. not a 'court day' when CID staff are busy giving evidence in trials.

The Police Officer that you speak to will hopefully be aware of eBay - almost every UK Police Station now has at least one specialist Officer knowledgeable about online fraud - however it is possible that they won't be available. (They tend to get overworked at certain times of the year, so bear this in mind.) Just in case the officer you speak to isn't up to speed with eBay, bring these contact details with you - they will need them to contact eBay UK.

Email: [URL="mailto:law-enforcement@ebay.com"]law-enforcement@ebay.com[/URL]
Fax: +44 (0) 207 681 2389
http://pages.ebay.co.uk/safetycentre/law_enforcement.html

When you have received a crime number be prepared to relay it to any of the other victims you've contacted. They can add that information to the details they supply to the officer who takes their report. You may not get restitution, but the counterfeiter's details will be recorded and may permit a prosecution (and compensation) at a later date.

Another option you have is the Small Claims Court. Cost starts at around £30 but it's added on to what the buyer will have to pay plus your associated costs of recovery...

Other steps:
I would suggest you contact both eBay and PayPal (if applicable) to warn them that the buyer has returned a counterfeit item, and that you want them to cooperate in any investigation by the perfume trademark owner and Police. (This is designed to get eBay and PayPal into action - they hate dealing with counterfeits since they may be potentially liable.)

Lastly contact the UK agent of the perfume brand and notify them that you received a counterfeit copy of their brand. Ask if they would be interested in investigating further - you might potentially be able to claim a reward if they make an arrest or prosecution. Some well known trademark holders are very aggressive in stamping out counterfeits and will be more than happy to chase down your buyer (and possibly associates) and bringing them to court...

Hope this helps :-)

I remember reading somewhere about sellers marking their items with UV pens to stop this happening.
It should put these types of scammers off if you mention that in your item description. Might be worth doing this in the future

pazza wrote: »

I remember reading somewhere about sellers marking their items with UV pens to stop this happening.
It should put these types of scammers off if you mention that in your item description. Might be worth doing this in the future

I always do this, although I don't always mention it in my listings. I've had three people tell me that their item arrived damaged: I said send it back and as soon as I've ascertained it's the same item as I sent out by looking for my secret mark, I'll refund. Strangely, I never heard from them again.

Thanks for the information digerati, I've nominated you for post of the month, hope you don't mind.