Accused of selling fake - ebay

I have recently sold some perfume (about 20% of the bottle used) that is good few years old but has been stored correctly however the buyer has accussed me of selling a fake.

They sent me an email but i can always respond instantly and after just 15 hours (including overnight) they opened a case.

I know the item is not fake as i bought it from a well known high street store but i can't prove it.

I was going to refer the matter to Ebay but they could rule in the buyers favour and make me pay to get the item back and then have to give a full refund, leaving me majorly out of pocket.

Where do sellers stand regarding this and fake items?

The member has acknowledged that the id numbers on the bottle and the packaging match but still says its fake.

I've agreed to give a refund so the buyer is returning the item.
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Comments

  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    With ebay the onus is on the seller to prove that the item is genuine. If it's a good few years old it may have deteriorated & no longer smell anything like a new bottle.
  • tunnel
    tunnel Posts: 2,601 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I thought the onus was on the buyer to get written proof the item was fake Hermum,then they had only 10 days to get that proof from opening a case
    2 kWp SEbE , 2kWp SSW & 2.5kWp NWbW.....in sunny North Derbyshire17.7kWh Givenergy battery added(for the power hungry kids)
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No that's with Paypal, ebay put the onus on the seller. I think that it may be fairly recent, as in the last few months.
    Just another way of confusing everyone.
  • tunnel
    tunnel Posts: 2,601 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Your not kidding,although the OP doesn't say where the case was opened
    2 kWp SEbE , 2kWp SSW & 2.5kWp NWbW.....in sunny North Derbyshire17.7kWh Givenergy battery added(for the power hungry kids)
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The OP said that she was going to refer it to ebay herself.
  • botanical
    botanical Posts: 288 Forumite
    edited 19 March 2011 at 12:25AM
    loopylulu wrote: »
    I have recently sold some perfume (about 20% of the bottle used) that is good few years old but has been stored correctly however the buyer has accussed me of selling a fake.

    They sent me an email but i can always respond instantly and after just 15 hours (including overnight) they opened a case.

    I know the item is not fake as i bought it from a well known high street store but i can't prove it.

    I was going to refer the matter to Ebay but they could rule in the buyers favour and make me pay to get the item back and then have to give a full refund, leaving me majorly out of pocket.

    Where do sellers stand regarding this and fake items?

    The member has acknowledged that the id numbers on the bottle and the packaging match but still says its fake.

    I've agreed to give a refund so the buyer is returning the item.

    Did your buyer take out a 'not as described' case on eBay? If so-

    Using the word 'fake' is another way of saying 'Item Not Described', very common in perfume disputes on eBay.
    The only option you have is to do what you've done now your buyer has opened a case, receive the item back and refund the original price and p&p. By agreeing you may have saved yourself from a neg.

    Unfortunately for you in this instance, whether the perfume has degraded over time or not cannot be determined objectively through receipts, code numbers, eBay, the seller or the buyer. In such circumstances, as the buyer has claimed that it is 'not as described' they will always win the case and get their refund, so long as they return it tracked and in the same state as when sent. ( If you receive it back with most of the perfume gone then you are entitled to appeal with pictures etc)
    Best to think about most about your account rather than the perfume, I'm afraid.
  • tunnel
    tunnel Posts: 2,601 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The OP said that she was going to refer it to ebay herself.

    Doh,sorry didn't read the original post right..having a red wine moment...lol
    2 kWp SEbE , 2kWp SSW & 2.5kWp NWbW.....in sunny North Derbyshire17.7kWh Givenergy battery added(for the power hungry kids)
  • mistressg
    mistressg Posts: 16 Forumite
    OP, this is very interesting, as I am going through *almost* the same thing. Sold some old perfume on eBay, buyer is now claiming it is fake although I, like you, have no proof but as they were bought in Boots, Perfume Shop etc. I'm fairly sure they're the real deal!

    Buyer doesn't seem to be opening a case but has left me negative and very inaccurate feedback (in CAPS for extra effect!) and is claiming that she got the perfume verified at a perfumerie. Obviously perfumeries aren't going to waste time confirming whether or not bottles of high street perfume are real or not and have suggested that she give me the perfumerie's verificiation in writing - not heard anything since then.

    I'm wondering whether we're dealing with the same buyer here? Considering not bothering with eBay again after this hassle.
  • botanical
    botanical Posts: 288 Forumite
    mistressg wrote: »
    OP, this is very interesting, as I am going through *almost* the same thing. Sold some old perfume on eBay, buyer is now claiming it is fake although I, like you, have no proof but as they were bought in Boots, Perfume Shop etc. I'm fairly sure they're the real deal!

    Buyer doesn't seem to be opening a case but has left me negative and very inaccurate feedback (in CAPS for extra effect!) and is claiming that she got the perfume verified at a perfumerie. Obviously perfumeries aren't going to waste time confirming whether or not bottles of high street perfume are real or not and have suggested that she give me the perfumerie's verificiation in writing - not heard anything since then.

    I'm wondering whether we're dealing with the same buyer here? Considering not bothering with eBay again after this hassle.
    Perfume is a minefield on eBay! I recently heard that it's helpful to change the category to 'vintage' which by it's nature attracts less Not As Described' cases.
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    botanical wrote: »
    Did your buyer take out a 'not as described' case on eBay? If so-

    Using the word 'fake' is another way of saying 'Item Not Described', very common in perfume disputes on eBay.
    The only option you have is to do what you've done now your buyer has opened a case, receive the item back and refund the original price and p&p. By agreeing you may have saved yourself from a neg.

    Unfortunately for you in this instance, whether the perfume has degraded over time or not cannot be determined objectively through receipts, code numbers, eBay, the seller or the buyer. In such circumstances, as the buyer has claimed that it is 'not as described' they will always win the case and get their refund, so long as they return it tracked and in the same state as when sent. ( If you receive it back with most of the perfume gone then you are entitled to appeal with pictures etc)
    Best to think about most about your account rather than the perfume, I'm afraid.

    Claiming something is fake is completely different to SNAD, selling fake goods is illegal.
    If the buyer goes down that path the item will not have to be returned but destroyed & the buyer will receive a full refund, unless the seller can prove that it is not a fake.
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