Newbie needing help with fake item

museum_gal

Hi
This is my first post and im the first to admit im not very technologically minded....as such i bought my 1st item on ebay last week.

It was a french connection dress i wanted to wear for my birthday nxt week, i paid £85 for it (it usually retails for around £135 but this one was last seasons) however when it arrived today my heart sunk as im pretty sure it is fake. Having tried the same dress on a few months back in the french connection shop the one i received fits totally differently and the sleeves are much shorter, the colours in it aren't nearly as vibrant at the one's in the shop, the stitching is poor quality and there is a stain on the back of it.

So...can anyone help me out and tell me what my rights are here? should l email the seller and say i think it's fake (don't what to get their backs up and get refused refund) or just email saying it didn't fit? on the sale terms it just says "if dissatisfied with your purchase contact within 2 days and we will try to resolve the issue"

Any advice would be very much appreciated thanks

theonlywayisup

Firstly, you should email the seller and ask her if she can validate it's authenticity, explain why you feel it may be fake. There is no reason to get their back up, as you rightly say. Just explain your thoughts and ask their advice. You will be able to guage their thinking on their reply.

Secondly, you have 45 days from the sale date to file a dispute with Paypal.

When you file a dispute on the grounds of an item being fake, Paypal give YOU 10 days only to prove it. The only proof they will accept is a written statement from a seller/authorised agent or the company concerned, that the item is fake.

Do NOT file a dispute until you have this evidence.

Paypal then normally ask the buyer to dispose of the item and refund the buyer their full payment (inc P&P).

museum_gal

thanks for that, all it says on the ebay shop where i bought it is that all items have been authenticated in our site...though there is no eveidence of this on the listing.

think i will just send an email along the lines of "im worried about the authenticity of this item as i have previously tried it on in the French Connection shop"
From reading on the ebay forum apparently it is really difficult to get shops like French Connection to give written proof of fakes although they will confirm it verbally in the shop so it may be difficult to go along that line.

Feeling well and truly stung ...have always avoided buying from ebay in the past as l was concerned about fakes but was persuaded otherwise by friends, think l may stick to paying full price in shops now.

theonlywayisup

As I say, see what the seller says. It could be they are happy for you to return it for a refund. Please note the postage method below.

If you still are not happy, you still have the 45 days and can return it then under a SNAD (sold not as described). Although techinically not your reason to return, the fact the colours are not correct would be a point I may use to say they are not as described.

To return an item SNAD, paypal will need you to submit a tracking number. Do not use Recorded Delivery as it rarely updates online, but use a courier or Special Delivery. It is more expensive but covers your item's value.

At least you will get your money back (your full initial payment).

hermum

Whether it's a fake or not I assume that you wouldn't pay £85 for a dress that was stained, if this was in the listing. Some co's will give written proof that an item's fake others won't.
I would message the seller outlining all that's wrong with the dress, stained, bad stitching, not fitting as a FC dress usually does etc. Then drop in that you're concerned about the authenticity. Say that you wish to have a full refund, see what they say. Don't threaten with paypal, ebay claim or neg ffedback. Be as nice as you can. Hopefully then they will offer full refund inc return postage, you must return special delivery so tht you can prove online tracking in case she gets funny. Don't send it recorded delivery.
If she refuses a refund then open a paypal SNAD case.

Kaleidoscope27

hermum wrote: »

Whether it's a fake or not I assume that you wouldn't pay £85 for a dress that was stained, if this was in the listing.

That was my thought. If it was listed as new and arrived with a stain, you can put in a claim for a refund based on that alone.

I agree with what everyone else has said. Get in touch with the seller politely airing your concerns without threatening them. See what they say.

museum_gal

Thanks for your help everyone. The seller emailed back saying that it was genuine but they couldn't provide proof of this as they bought it wholesale hmmmm. She also said that their stock came from overseas French Connection shops and that every batch differs slightly. However l did go into town today and bought this seasons style of the dress (which ironially had went on sale to £90) and i cant believe the difference in quality when comparing the 2 and makes me all the more certain i was sold a fake.

She said if the dress has an obvious fault such as a stain then they would refund me but that they did state in the sale terms that there may be some marks on the dress from trying it on in the shop (interesting seeing as she claimed to have bought it wholesale eh?) and that i was to return it to her within 2 working days. I will post it back monday morning special delivery however i am still a bit worried that after receiving the dress she will decide it's not faulty enough to give me a refund leaving me with no cash or dress (albeit a 'fake' one) thinking i may take some pics of it before i send it back if that will help?

Thank you all so much for your help l know that there is a lot of genuine sellers on ebay but l have truly learned my lesson never to buy from it again.

theonlywayisup

If you send it back Special Delivery and she then denies you a refund. * You can still open a dispute. So don't worry. Trying to do it amicably is the best way. If not, you do have PP to fall back on and YOU will get your money back. So just give it a day or so and keep in touch on here.

* Keep your tracking receipt. This will GUARANTEE your PP refund if she denies you.

museum_gal

theonlywayisup wrote: »

If you send it back Special Delivery and she then denies you a refund. * You can still open a dispute. So don't worry. Trying to do it amicably is the best way. If not, you do have PP to fall back on and YOU will get your money back. So just give it a day or so and keep in touch on here.

* Keep your tracking receipt. This will GUARANTEE your PP refund if she denies you.

Ok thanks i'll post it back on monday and keep my fingers crossed l receive a refund without any wrangling. Will let u know how i get on. Does it make a difference that l don't have a paypal account? but l did pay with paypal on ebay but without actually opening an account

theonlywayisup

If you paid by Paypal you will have buyer protection.

If you don't get any joy with the seller, come back here for a step by step guide on what to do.

Book mark this thread, so we can pick up where you left of. But don't worry, you won't be left high and dry.

hermum

Does it say in the sale terms that the stuff may be stained? If it's there it's probably quite small & wrapped in so many other t&c's that buyers lose the will to live prior to getting to it. Make sure that you hang onto the receipt & check when it gets to her, don't let her keep stalling you for your refund.