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Buyer saying item is fake

Parents sold something on ebay on behalf of my uncle (sigh, should have known it would be trouble lol). The buyer has received it and is saying it is fake and they want the seller to pay return postage and threatening worse neg feedback if its not resolved soon. Its all very much accusations of thieving from him and conning people which is not at all what has happened. As far as my parents/uncle are concerned it is not a fake. So how do they go about this please?
Weight loss November 09-January 10: [STRIKE]13lbs[/STRIKE] [STRIKE]20lbs[/STRIKE] 27lbs! :j
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Comments

  • reeree
    reeree Posts: 935 Forumite
    honeyD wrote: »
    Parents sold something on ebay on behalf of my uncle (sigh, should have known it would be trouble lol). The buyer has received it and is saying it is fake and they want the seller to pay return postage and threatening worse neg feedback if its not resolved soon. Its all very much accusations of thieving from him and conning people which is not at all what has happened. As far as my parents/uncle are concerned it is not a fake. So how do they go about this please?
    what was the item and why do they think its a fake
  • honeyD
    honeyD Posts: 855 Forumite
    Part of the Furniture Combo Breaker
    Its a shirt. They say there is no tag inside but there is one in the photo at the back of the shirt, also that the inside board was card which they say it shouldnt be for this make. Not sure about that as it was never taken out of the packet so no idea what was inside it to keep the shirt folded in place. It is all very accusatory and very rude. Feel like telling him where to get off really but too polite to do so. If they had just said I dont think its genuine then fair enough would have refunded after getting it back but with how rude these are. Then they say the feedback will get worse the longer this goes on but they arent willing to return the item for a refund unless they get the return postage paid for.
    Weight loss November 09-January 10: [STRIKE]13lbs[/STRIKE] [STRIKE]20lbs[/STRIKE] 27lbs! :j
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Two ways you can do this.

    Firstly, you can ask the buyer to return the item for their refund, including their initial postage. But not the returns postage, if you really don't believe it to be fake.

    Secondly, you can tell the buyer it is not fake and stand your ground.

    Either way, you may be on the way for a negative.

    However, if you opt for the second option, they buyer must raise a dispute within Paypal and then obtain written evidence of the item being fake, from an authorised agent/dealer or the brand concerned. They must submit this info within 10 days of them opening the dispute. Paypal will then rule in their favour and enforce a refund (as above).
  • sarahblaneuk
    sarahblaneuk Posts: 212 Forumite
    I may be wrong but if you are left negative feedback you may be able to have it removed so long as you keep the emails as proof. feedback extortion is against ebay rules.

    Hope this helps. x

    http://pages.ebay.co.uk/help/policies/feedback-extortion.html
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  • honeyD
    honeyD Posts: 855 Forumite
    Part of the Furniture Combo Breaker
    edited 28 June 2010 at 2:37PM
    Two ways you can do this.

    Firstly, you can ask the buyer to return the item for their refund, including their initial postage. But not the returns postage, if you really don't believe it to be fake.

    Secondly, you can tell the buyer it is not fake and stand your ground.

    Either way, you may be on the way for a negative.

    However, if you opt for the second option, they buyer must raise a dispute within Paypal and then obtain written evidence of the item being fake, from an authorised agent/dealer or the brand concerned. They must submit this info within 10 days of them opening the dispute. Paypal will then rule in their favour and enforce a refund (as above).

    hi, thanks. They have said to return it but the buyer wants the return postage paid. I knew my parents didnt have to pay this and the buyer was told this too but they say we dont know ebay rules lol.
    The buyer has already opened a dispute saying it is fake.
    Weight loss November 09-January 10: [STRIKE]13lbs[/STRIKE] [STRIKE]20lbs[/STRIKE] 27lbs! :j
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    honeyD wrote: »
    hi, thanks. They have said to return it but the buyer wants the return postage paid. I knew my parents didnt have to pay this and the buyer was told this too but they say we dont know ebay rules lol.
    The buyer has already opened a dispute saying it is fake.

    As they have opted for a dispute I would stick by the rules.

    To allow them to send it back as fake, allow them to prove this to Paypal. If they do, then PP will tell them (probably) to dispose of it and you will lose the money and the goods.

    Alternatively allow them to send it back to you. They must ensure the item is sent at their* cost, via an online trackable means.

    Once the item shows as tracked back to you, you can refund.

    * The rules on Ebay are clear. A private seller has no responsibility to refund returns postage. A business seller, must display the returns policy including who pays postage. If they opt for the buyer to pay postage it will not be reimbursed.

    If the item was sold via an auction, rather than a buy-it-now, Distance Selling Rules do not apply.
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    If the item was sold via an auction, rather than a buy-it-now, Distance Selling Rules do not apply.

    Surely DSR doesn't apply to private sellers anyway?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Louisdf
    Louisdf Posts: 575 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Doesn't paypal just ask the item, if fake to be simply disposed?
  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Louisdf wrote: »
    Doesn't paypal just ask the item, if fake to be simply disposed?

    It does, but they require proof of this, usually on headed paper, which can be incredibly difficult to obtain.

    OP does your Uncle still have the receipt for the shirt?
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    !!!!!! wrote: »
    Surely DSR doesn't apply to private sellers anyway?

    No, but I don't know for sure they are private. So either way, an auction style listing for business or private is exempt.
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