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Buyer says i've sold a FAKE!

245

Comments

  • soolin
    soolin Posts: 74,449 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Paypal are not consistent and it is always difficult to guess which way they will jump in a dispute.

    However, it does seem there is some anecdotal evidence to support the idea that there is a slight bias towards the buyer where the item is not shown on the listing, but a stock item photo is used as this is a favourite scammer tool.

    Obviously I am not suggesting that the OP is a scammer, I am just pointing out that even when buyers ask for advice on here we tend to advise them to avoid auctions with only a stock photo as you can't be 100% sure that is what you are getting.

    This is a dispute though that could go either way, although as you say it is difficult to know how the buyer can prove the item was fake.

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Kaminari_2
    Kaminari_2 Posts: 660 Forumite
    I’d ask the buyer how he proposes that you solve the problem and what his expectations are. Then at least you know where you can negotiate from.

    And if he says a refund tell him that as per ebay rules you will offer a full refund upon return of the item in its original condition. This will force him to return it by special delivery too. Make sure the item is in the original condition before refunding him.

    If he wants a discount or a refund and keep the item it shows that the item will be suitable for his needs and he is only trying to blackmail you into giving it to him for cheaper. I would stress to him that he will need to return the item for a full refund as you do not give discounts.

    If he is cagey about returning it insist that you will need it back because if it is really a fake then you will need to take it up with the person you originally bought it from.

    Basically give him two options. Keep it and be happy or return for a refund. Both adhere to Ebay rules.

    Lastly, always always take your own pics. I know that they are not as good library photos but it shows that the seller has the item and what condition it is in. It should leave the buyer in no doubt with what they are buying.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Offer a refund on return of the item... mention in passing that you will need to check the security markings...

    Don't refund the postage.

    I'm in a mean mood ;-)
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Slapps
    Slapps Posts: 654 Forumite
    i'm pretty sure that if u offer a refund on return of the said goods, if he rufuses i would say that both ebay and paypal will side with you if he still trys 2 take it futher

    Slapps
    1st son born 11/02/05 2nd son born 09/01/08
    thats all i'm adding to the human race so think yourselfs lucky lol
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    I would definitely put in your reply to him that once the item is returned and checked for damage and against the serial numbers/security numbers etc you will refund him. Minus postage and you can then do a non-performing buyer on him to re-coup your fees. Unless you don't want the hassle of that and you fancy fighting him over this instead if you feel that you are right - but know that you might loose anyway... I would make sure that your Paypal account is empty just in case...
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • kezw
    kezw Posts: 26 Forumite
    Sometimes I think people are so inconsistent on here. If it were a buyer complaining that a seller had sold them fake goods, everyone would be up in arms saying do a chargeback, contact paypal, go thru eBay, call the police, blah blah.

    In all honesty, I'm with the buyer here. I wouldn't want to call the original company to check the authenticity and so on. I also don't see (as a buyer) why I should be out of pocket to return an item if I believed it to be fake.

    If it genuinely IS a fake then you, as the seller, should refund him the cost PLUS any charges it takes him to mail it back to you. Selling fake items is a criminal offence.

    Once you get it back, it is then up to you to take the matter up with the people you bought it from.
  • jenniferpa
    jenniferpa Posts: 1,036 Forumite
    As a matter of interest, are their cheap imitations of the genuine article actually out there? It sounds from your description that it is a very specialist tool, and you said that you purchased it from reputable dealer, yes? I find it hard to believe that for this type of thing (e.g. not a designer piece of clothing) there is a sufficiently wide market to make manufacturing a fake worthwhile. It's not something I'd ever consider buying (and I'm willing to buy most things).

    What's the buyers feedback like?

    Jennifer
  • carrie483
    carrie483 Posts: 1,868 Forumite
    kezw wrote:
    Sometimes I think people are so inconsistent on here. If it were a buyer complaining that a seller had sold them fake goods, everyone would be up in arms saying do a chargeback, contact paypal, go thru eBay, call the police, blah blah.

    In all honesty, I'm with the buyer here. I wouldn't want to call the original company to check the authenticity and so on. I also don't see (as a buyer) why I should be out of pocket to return an item if I believed it to be fake.

    If it genuinely IS a fake then you, as the seller, should refund him the cost PLUS any charges it takes him to mail it back to you. Selling fake items is a criminal offence.

    Once you get it back, it is then up to you to take the matter up with the people you bought it from.

    People aren't inconsistent on here, the buyer is being unreasonable and not helpful, i would phone the supplier if i was in that position but then i'm nice like that.

    OP: You want to be careful that if he does return it then he returns the product you sent him. Also i think if he filed a not as described then paypal would only refund if he returned the product at his own cost.
    Accept that some days you're the pigeon and some days you're the statue.
  • motorguy
    motorguy Posts: 22,620 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kezw wrote:
    Sometimes I think people are so inconsistent on here. If it were a buyer complaining that a seller had sold them fake goods, everyone would be up in arms saying do a chargeback, contact paypal, go thru eBay, call the police, blah blah.

    In all honesty, I'm with the buyer here. I wouldn't want to call the original company to check the authenticity and so on. I also don't see (as a buyer) why I should be out of pocket to return an item if I believed it to be fake.

    If it genuinely IS a fake then you, as the seller, should refund him the cost PLUS any charges it takes him to mail it back to you. Selling fake items is a criminal offence.

    Once you get it back, it is then up to you to take the matter up with the people you bought it from.

    Its not a fake - i bought it from the uk's authorised seller and i have proof of that.

    I don't see why i should refund him just because he says its a fake? It simply isn't full stop!
  • motorguy
    motorguy Posts: 22,620 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Offer a refund on return of the item... mention in passing that you will need to check the security markings...

    Don't refund the postage.

    I'm in a mean mood ;-)

    He is demanding a refund AND a full refund on his postage costs - but why should i? its NOT a fake - its the real thing!

    Surely if it goes to paypal even if they rule in his favour they will make him return the item and take the money from my account IF its there to take?

    Very curious as to how they will gather evidence that it is or isn't a fake? Anyone know?
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