Fake goods

glitch_101 · 13 March 2010 at 12:03PM

I bought an item on ebay. The seller had a feedback score of 57 (all +ve) for selling similar items so I put in a bid. Within the hour a new ebayer left a negative saying it was fake. I emailed him to make sure it wasn't and he just lied to me and sent me a fake anyway. I've asked for a refund but should I send it back?

TurkishDelight · 13 March 2010 at 12:12PM

For paypal you will need to prove it is fake, and if you can prove it you shouldn't have to send it back.

Your seller may not co-operate so it's best to get some confirmation before you open the case as you only have 10 days to get it once you've notified paypal.
You'll need something on headed paper from the manufacturer of the real one, or a genuine stockist.

If you do at any point have to send it back make sure you use a service that has tracking so that paypal can see it has been delivered.

theonlywayisup · 13 March 2010 at 12:43PM

If the item is not too heavy, you could go for a SNAD (sold not as described) instead. PP will ask you to return it (at your cost) via an online trackable method. It may be easier than obtaining fake confirmation and help recoup some of your money.

mishkanorman · 13 March 2010 at 1:37PM

im in the same situation, the seller however has stated in several messages that it was not sold as a genuine item, and they knew full well that even though they had put the brand name in the title and description I should have known by the price that it wasnt actually made by them.

I have no shop nearby that will be able to provide written confirmation that its fake, what are my chances of winning a claim ? I refuse to send it back as i know she will just sell it on again. This is the second time ive been caught out buying the same thing !!

glitch_101 · 13 March 2010 at 2:23PM

Thanks for the response. How would paypal want me to prove it's a fake? Would compared photos be enough or do I need shop confirmation? What would I need them to say?

Sorry to hear mish, what did you buy?

soolin · 13 March 2010 at 2:59PM

glitch_101 wrote: »

Thanks for the response. How would paypal want me to prove it's a fake? Would compared photos be enough or do I need shop confirmation? What would I need them to say?

Sorry to hear mish, what did you buy?

From post 2
"You'll need something on headed paper from the manufacturer of the real one, or a genuine stockist."

mishkanorman · 13 March 2010 at 3:04PM

I purchased a pandora braclet, the listing was fairly basic so i was prepared for a fake and didnt bid more than i could afford to lose,

The sellers attitude stinks which bothers me more, she seems to have no concept of what it means to sell on counterfit goods and why i may be bloomin annoyed

soolin · 13 March 2010 at 3:06PM

mishkanorman wrote: »

I purchased a pandora braclet, the listing was fairly basic so i was prepared for a fake and didnt bid more than i could afford to lose,

The sellers attitude stinks which bothers me more, she seems to have no concept of what it means to sell on counterfit goods and why i may be bloomin annoyed

I haven't had much luck myself but how about reporting them to the manufacturers as i think that is one make that protects it brand name quite strongly.

It might not help you but if the brand owner gets down and nasty with the seller they might think twice about their future selling model.

Dr.Shoe_2 · 13 March 2010 at 3:37PM

I know I'm going to be controversial here but if you're buying something for a small percentage of what it would cost to buy from an authorised stockist then it's a fake, unless it's sold as used.

Some people buy replicas knowing that they're fakes because they like the design but can't afford the full price.

Personally if I were to buy a rolex watch for a tenner and as long as it told the time and looked good I wouldn't care that the logo actually said "Rorex"... What would upset me is if they had sold it to me for 10k...

The rule is if you've only paid a fraction of the price and the seller hasn't expressly said it's genuine then you shouldn't bleat about it being fake. Having said that I have bought mrs. shoe a pair of leather leggings which are almost certainly going to be "leather look" when they come. Hey ho!

TurkishDelight · 13 March 2010 at 3:43PM

Dr.Shoe wrote: »

The rule is if you've only paid a fraction of the price and the seller hasn't expressly said it's genuine then you shouldn't bleat about it being fake. Having said that I have bought mrs. shoe a pair of leather leggings which are almost certainly going to be "leather look" when they come. Hey ho!

Actually the rule, ie. the law, is that items are genuine, no matter what the price.

The items we sell are, at most, 1/3 of the retail price, because the retail price is not the market value.

I got asked the other day if my items were genuine. That should not be a question anyone should ever have to ask, and I personally think that if a seller has to state in the description that the item is genuine it probably means it isn't.

Either way it makes no difference with paypal- they can disclaim all they like, if the buyer can prove the item is fake then they get their money back.

soolin · 13 March 2010 at 4:19PM

I would not support any view that considers fake goods as a legitimate business model.

Fake goods

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