Really annoyed with Ebay...

hermum

With a fake item, ebay generally expect the seller to prove authenticity & if they can't the buyer should get a refund without returning the counterfeit goods, it maybe worth appealing.

johnnyboyrebel

RFW wrote: »

In a case like this I can't see Amazon doing anything different to Ebay.

Piracy is one of the worst things for Amazon. Just to keep good customer relations they may just refund it if you kick up enough fuss. It's not unheard of. They don;t want or need the hassle.

Brenny

theonlywayisup wrote: »

You have answered your own question. So this is hardly their fault!

This is a bit unfair. I returned it to the seller before I opened up a case so wasn't following anyone's rules - I thought proof of posting would be enough. And I still don't understand why they insist that someone sends back fake goods at their own expense.

Anyway, thanks for all of your advice. I did appeal but have heard nothing back from them.

Just hope that someone learns from this and never returns anything without having it tracked.

theonlywayisup

Brenny wrote: »

This is a bit unfair. I returned it to the seller before I opened up a case so wasn't following anyone's rules - I thought proof of posting would be enough. And I still don't understand why they insist that someone sends back fake goods at their own expense.

Anyway, thanks for all of your advice. I did appeal but have heard nothing back from them.

Just hope that someone learns from this and never returns anything without having it tracked.

You cannot blame eBay because you didn't know or read the rules.

Actually the eBay policy on fakes is clear and does NOT include sending the item back. In fact unlike paypal, eBay leave the onus on the seller to prove authenticity. If they cannot the buyer wins and is told to dispose of the item.

How is that ebays fault?

Brenny

I don't understand what you are saying - if ebay's policy on fakes is clear then why did they turn my claim down? At no time did they challenge the seller to prove authenticity even though I bought the case because it was a fake. Are you saying that I shouldn't have returned it? But they told me (prior to knowing that I had already returned it) that I had to return it! Sorry, but they didn't follow their own policy then.

hermum

Try going on live help.
I can't find the bit where is says that the seller has to prove authenticity but have a look at the link below.
You may be able to find more on the help pages of ebay to help your case.
http://pages.ebay.co.uk/help/policies/replica-counterfeit.html

soolin

Brenny wrote: »

I don't understand what you are saying - if ebay's policy on fakes is clear then why did they turn my claim down? At no time did they challenge the seller to prove authenticity even though I bought the case because it was a fake. Are you saying that I shouldn't have returned it? But they told me (prior to knowing that I had already returned it) that I had to return it! Sorry, but they didn't follow their own policy then.

That isn't what you said in your original post at all.

In your oP you said that seller had agreed to a return so you sent it back to them and only when seller failed to receive it back did you then contact ebay . At that point it appears that ebay turned your case down- rightly- because you had already sent it back and it was lost.

So you didn't go through ebay first complaining about a fake- you only got onto that once item had already been lost on its return to seller.

Brenny

When I opened the case with ebay I opened it as "Item significantly not as described" and told them it was a fake. Their advice at this stage was to return item. I told them I had already. They asked me for the tracking number and I told them that I didn't have one. They closed the case as "I hadn't followed their rules".

So my advice to anyone else in this situation, should you receive a fake item, is NOT to try and sort it out directly with the seller first, but to hang on to the item until ebay advises you exactly what to do. (And, if you do return something, have it tracked (bearing in mind that you don't get the return postage back even if you win the case)).

Thanks for the positive help to those who offered it and hopefully my experience may help someone else avoid losing money. (It's interesting to see that similar dvds are once again for sale in Israel although with someone else who has a lot of good feedback.....)

theonlywayisup

Brenny wrote: »

So my advice to anyone else in this situation, should you receive a fake item, is NOT to try and sort it out directly with the seller first, but to hang on to the item until ebay advises you exactly what to do. !(And, if you do return something, have it tracked (bearing in mind that you don't get the return postage back even if you win the case)).

This is the advise EBay give and you did not follow.

Brenny wrote: »

Thanks for the positive help to those who offered it

Everyone on this thread has given help. It is tough luck if you don't like the facts. More than once by your own admission you got it wrong. Now you give the exact advise eBay states is correct.

http://pages.ebay.co.uk/help/policies/buyer-protection.html#policy

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.
Eligible cases that meet the conditions and are not excluded under this Policy may count as criteria, infringement or a violation by the seller of our prohibited and infringing items policy. As a result, we may impose sanctions on the seller, up to and including suspension of the seller’s account.

Taryntula

you have proof of posting though so you can actually claim from Royal mail, pick up a claim form from the PO and fill in as requested, they will ask for proof of value and ebay details so just print off the pages from ebay.