Bought a fake item, can I SNAD as proving fake will be a long process

icon_boy

Hi everyone,

I bought a BIN from eBay, and the item is clearly a fake, with the fact that the buttons are loose, the item doesn’t fit correctly and the stitching quality is way off, not even in straight lines.

I feel quite embarrassed to say the least, as this item is over a £100 I simply can’t let this go.

I’ve been to the genuine Shop to have this verified and it’s been confirmed that it’s a fake, but they won’t put it in writing unless I send the item to their head office.

The problem with this is, that it may take a while to sort out, and from reading on the forums, PayPal doesn’t give you long to have this sorted out, and I may ended up losing the dispute going via this route.

I understand that I am protected under the Distance Selling Regulations, but this seller seems to have dodged a few buyers, judging from his feedback (why didn’t I check his feedback)

As the item is clearly not of good quality - perhaps I can send the item back as a SNAD - would this be a better way for me to get a refund.

I’ve not contacted the seller, as I want to be sure on how I can deal with this and plan my moves; needless to say that this item is going back special delivery on Monday.


I look forward to you answers - thanks

cyberbob

icon_boy wrote: »

ir head office.

The problem with this is, that it may take a while to sort out, and from reading on the forums, PayPal doesn’t give you long to have this sorted out, and I may ended up losing the dispute going via this route.

Don't open the dispute until you have the written evidence. You have 45 days to open a dispute. Paypal will give you 10 days to prove it's fake after the dispute is open. I would think you can get evidence in 6 weeks.

George666

As the items quality is bad I would be tempted to open a not as discribed case for this reason.
If you are going to claim it is fake paypal only give you 10 days to provide proof from opening the claim.
You do however have 45 days from when you paid to open a claim so if you want to do this right all you need to do is wait untill you have the proof then open the claim and provide your proof straight away.
The benifit of doing it right is that paypal will not ask you to return a fake to the seller they will tell you to destroy it but for a not as described claim you will need to return the item via online trackable means to get your money back and you may not be refunded for the return postage as this is up to the seller all you will get back is your original payment.

icon_boy

cyberbob wrote: »

Don't open the dispute until you have the written evidence. You have 45 days to open a dispute. Paypal will give you 10 days to prove it's fake after the dispute is open. I would think you can get evidence in 6 weeks.

To be honest I have become disillusioned about buying brand names from eBay – best to save the little extra and buy from a reputable retailer.
The cost of sending to head office and paying for return postage will cut further into the original outlay, just want to nip this in the bud as quick as possible.
I forgot to mention the seller clearly knows that he is selling fakes, as other have challenged him on this - reference his feedback

Mrs_justjohn

I would be inclined to start a snad and not mention that you believe it to be fake...say the stitching is crooked and the garment therefore doesn't sit right (or similar - not exactly a lie!).....yes you will have to return the item but you will get a refund. Then write to the companies head office and provide full details (as much as you know - you will have the address from returning the item) and advise them that they are selling fakes of their brand. Also point out that one of their shops confirmed it was fake.

If you do not win the dispute then you will at least still have the item to send to the HO and you could then go to the small claims court armed with your letter.!

George666

This is what I cannot understand why companies are not more helpful when a customer reports a fake item to them.
You would think they would be grateful and help out in anyway they could just to get the fakes out of circulation.

hermum

Is it a business seller? If so aren't BIN coverered by the DSR's? If so you can send back or cancel the order, for any reason within a certain length of time, 7 days? One of the experts will be along to confirm, or tell me I'm daft.

lee636

Pull a piece of it off (make a hole etc) and claim its 'broken/damaged' and you want a refund.

George666

Hi OP just open a not as described claim and write this "When the item arrived the quality of it is very poor and the stitching is not straight. This looks like a factory second not a quality passed item so I want a refund."
That will do the job if the company that makes the item is making it hard for you to prove it is a fake.

icon_boy

I've decided to go via the SNAD option rather than proving that's it was a fake.

The item was sent yesterday via RM Special Delivery, and 2 attempts have been to deliver the item today, I suspect the seller is avoiding collecting this from me, or genuinely not in to collect.

Where do I stand with this, in case the item is returned back to me?

I have been updating the Paypal resolution centre of the delivery attempts too

tia..

icon_boy

hermum wrote: »

Is it a business seller? If so aren't BIN coverered by the DSR's? If so you can send back or cancel the order, for any reason within a certain length of time, 7 days? One of the experts will be along to confirm, or tell me I'm daft.

yes he is a business seller