Counterfeit jumper

sparky76_2

I Purchased a Lyle & Scott Jumper off ebay. Jumper arrived yesterday and it's a counterfeit, albeit a good one.
Now i know My First port of call should be to contact the seller. However i have no intention of doing so.
To be honest I'm sick of unscrupulous Sellers. I know there is always a risk And there are thousands of items like this being sold on Ebay.
Seller has 100% feedback.
Now do i open a dispute through Paypal or Ebay. I know Paypal and Ebay deal with these kind of things differently.
In other words i don't want to have to send the jumper away to proof It's a copy. I think the seller should do this. I also have no intention of sending the jumper back to him either.
If Ebay request me to send the jumper to them then that's fine, but i can't see them actually requesting this.
I don't wish to return a counterfeit jumper back so this person can just sell it on to someone else.
Would appreciate any advice please. Am I wrong and should I just contact seller, Return jumper and ask for refund?

theonlywayisup

You should always contact the seller first. If you let them know you doubt it's authenticity and ask if try can put your mind at rest, you never know, they may be able to do this.

If they cannot, then come back on here for further help. There is no rush as you have a 45 day window to sort out a purchase whereby you need to use buyer protection policies.

sparky76_2

Thank you for responding. I sent an email to the seller only 30mins ago and he has already responded. He states that the jumper is 100% genuine as his partner bought it him for Christmas.
I have been back on to his feedback and it's the 4th Lyle and Scott cardigan he has sold. His partner or friends must like to buy him these Cardigans on a regular basis lol.
However the Cardigan is 100% fake. I usually buy only from Lyle & Scotts own website, unfortunately money is tight at the moment so i was just looking for a bargain.
All Lyle and Scott clothing have there name embossed on all buttons, these are blank on the cardigan. The stitching on the label starts at the top and basically goes all over the place. It's also has misspelled wording on the Tag.
The Cardigan cost me £45 not including postage so not much of a bargain.

Hammyman

sparky76 wrote: »

In other words i don't want to have to send the jumper away to proof It's a copy. I think the seller should do this. I also have no intention of sending the jumper back to him either.
If Ebay request me to send the jumper to them then that's fine, but i can't see them actually requesting this.
I don't wish to return a counterfeit jumper back so this person can just sell it on to someone else.
Would appreciate any advice please. Am I wrong and should I just contact seller, Return jumper and ask for refund?

So in other words, you want to keep the jumper and get your money back and all that "I don't wish to return a counterfeit jumper back so this person can just sell it on to someone else." is just some attempt to try and justify your behaviour.

Sorry, doesn't work like that. You either return the jumper or send it to Ebay if they ask and get a refund or keep it and don't.

Oliver14

Hammyman wrote: »

Sorry, doesn't work like that. You either return the jumper or send it to Ebay if they ask and get a refund or keep it and don't.

It is illegal to send an item that is known to be counterfeit through the RM. Ebay will not ask you to sent it to them so not sure where you get that strange idea from.

OP open an ebay dispute(not a paypal one) then the seller has to prove it's not fake. If they can't you will get refunded and told to destroy the item.

sparky76_2

Hammyman, I have no intention of keeping a cheap counterfeit jumper. If ebay request me to send the item somewhere either back to the seller or themselves then that's not a problem.
However if someone knowingly is selling counterfeit goods i don't see why they should be aloud to keep getting away with it.
I 'm also fully aware that ebay can't work miracles and stop this kind of thing from happening all the time. If i purchase something and there is a genuine problem from an honest seller, then there is no problem sending item or items back at my expense. This seller has sold 4 Lyle & scott Cardigans, but still states it was an unwanted Christmas gift.
I'm not after a freebee. As i stated in my origanal post if ebay wish me to send them the cardigan then that's fine. I will be more than happy for them to inspect it.

spugzbunny

I may be wrong but I think you need to raise a dispute in ebay as it is then up to the seller to prove that the item was genuine. If you raise it in paypal you must prove it is fake (letter from the store).

bris

You need to get proof the item is fake for both ebay and paypal now before you can get the refund and not send it back. Too many buyers were claiming fake, getting a refund and keeping the item so now it doesnt work like that. Ebay will get you a refund but both will insist you send it back first. To skip the sending back you need proof from the real company and then send it to ebay or paypal, the item must then be destroyed.

theonlywayisup

bris wrote: »

You need to get proof the item is fake for both ebay and paypal now before you can get the refund and not send it back. Too many buyers were claiming fake, getting a refund and keeping the item so now it doesnt work like that. Ebay will get you a refund but both will insist you send it back first. To skip the sending back you need proof from the real company and then send it to ebay or paypal, the item must then be destroyed.

Ebay have the onus left with the seller to prove it is authentic.

What happens if a buyer believes an item is counterfeit?




eBay Buyer Protection applies to items that are suspected of being counterfeit, subject to the above and these additional terms:

• Sellers and buyers must work together in good faith during the resolution process to satisfy buyer concerns that an item may not be authentic. For example, sellers should provide the buyer with appropriate documentation or other assurances that the item is authentic, if such information is available.
  
  Buyers agree to cooperate with eBay to ensure the proper disposal of the item as described below. Due to the unresolved dispute regarding the authenticity of the item, sellers must not later list, advertise or offer for sale the item on any eBay site or service around the world (including our subsidiaries, joint ventures and other members of the eBay corporate family).
  
  We reserve the right to accept this written confirmation directly from other reliable third parties.Buyers agree to cooperate with us to ensure the proper disposal of the counterfeit items. For example, buyers may be asked to destroy (and certify that the item has been destroyed) or send the item to the manufacturer or other appropriate third party for disposal. Any costs associated with this destruction or disposal may be paid by eBay, in our sole discretion.

Paypal ask the buyer to prove it is fake (within 10 days).

If you are unsure, you should check your information. Ebay is best for buyers and fakes, they will not have anything to prove and no need to return.

sparky76_2

I have now raised a dispute with Ebay.
In the mean time I'm going to write an email To Lyle and Scott to see if there is somewhere local I can send the cardigan to. They should be able to confirm what I already suspect. Just hope ebay allow me enough time to get proof.
Thank you to all of you for responding.

LittleMissInDebt

I have just recieved my first ever fake item off Ebay too - it's supposed to be a charm bracelet of a particular make but is obviously not (quality is terrible) and upon further investigation I've realised the seller bought it off Ebay a couple of weeks ago and then relisted in a way that did not outright state the item was genuine but more than implied it.

Anyway have emailed the seller to see what they say but am wondering if they do say to return to them for refund, what way is best to post it - I don't want to end up out of pocket but at the same time don't want them to claim it did not arrive!

Any help appreciated,
LMID