Not As Described?

each_uisge

I recently bought something from ebay which when I received it I knew immediately was counterfeit. I contacted the seller of the item who informed me that it "was" genuine.

I replied back asking them how they wish to resolve this issue to which I got a vitriolic reply back accusing me of all sorts! (I can't go into too much detail just in case the seller is on here).

I again politely replied back (even though I felt like verbally tearing them to shreds after what they accused me of!) to them asking them how they wished to resolve the issue as they had not detailed this in their previous communication. Up until now I have not had a reply.

Is it too soon to open a case with ebay? In all the years I've used the site I've never had a problem up until now so not quite sure how to proceed.

theonlywayisup

You have allowed the seller a chance to resolve. Now you need to open a case in eBay. eBay requires the seller to prove the item is genuine, there is no onus on the buyer, unlike with PayPal.

Ensure you state the item is counterfeit and open the case is for such.

each_uisge

Thanks for that Theonlyway is up.

Was a bit dubious about opening a case in ebay in case the seller cut and run (ie deleted their ebay and paypal account). But I'll get one started just now as they still haven't replied to another email I sent enquiring how they wished to resolve it - that makes it two emails they haven't replied to.
Does it matter that they are a "private" seller and as such do not have to offer a refund?
And does it help that I've used Paypal to pay the seller?
Still haven't left feedback for the seller yet - should I do so as long as it's objective??

theonlywayisup

If they do a bunk, you will still get your money back.

It matters not if they are business or private, within eBay and paypal the rules for counterfeits are clear and you are covered.

Don't open the case in Paypal as they give you 10 days to supply a written letter stating the item is a fake, the letter must be from an authorised reseller. That is not at all easy to get most resellers to do.

In eBay, they ask the seller to show evidence the item is authentic. So open the case as counterfeit, and stick the word counterfeit in every single sentence, just so eBay don't miss it!

Do not leave feedback until the refund has been given.

each_uisge

Thanks again for your reply.

I finally got a response from the seller - they are now offering to pick it up in person as they will be "visiting" my neck of the woods next weekend. I don't know but I find this difficult to believe.........

Considering some of the replies I have had off of this person (slightly threatening) I am dubious about this!

theonlywayisup

If they collect, you will have no redress with a dispute. So collect equals cash refund. You are right to be dubious. They can leave you with no item and no refund. Do not agree.

each_uisge

Well, I've messaged the seller for a return address twice now through the "disputes" area of ebay and haven't had a reply to either of them. They have until 11th November to respond to the dispute.
Wonder if they will turn up on Saturday as they said they would?! Mouth and trousers comes to mind lol.

wileycat

Be careful of them collecting the returned item as said above. From what you say, make sure its full refund of cash, but if you do feel threatened in any way so far refuse the collection idea and tell him to resolve through eBay.

theonlywayisup

If they are a business, their address will be on the listing.....

[Deleted User]

When I ordered a counterfeit item I refused to return the item (it was very definitely counterfeit) as I was very certain the seller would re-sell it (he always denied the item was counterfeit even though I provided clear evidence it was).

I did get a refund.., but didn't return the item.

each_uisge

ok - now this is getting stupid!:(

I have finally had a very nice(!) response from the seller, basically accusing me of allsorts (yet again) and mentioning things about the neighbourhood where I live that they would only know about if they had done "research" into my address.

Problem is, after reading ebays "policies" on abusive or threatening emails, the sellers messages don't quite fit into any of the categories that ebay will take action over. In the emails profanity hasn't been used and the threats are veiled. But they're bad enough to be libellous - accusing me of fraudulent conduct, not only with my ebay purchases but also other things as well!

I tried getting the sellers address details through the online services offered by ebay and all I got was their moblie phone number - no address where to return the item to, or to put me on an even keel with them, They have my address, why the heck can't I have theirs?! Or is this because they are a private seller.

I really am not happy about their conduct towards me through email - though I know anyone can be a hard man hiding behind a computer keyboard. And I'm getting annoyed at the fact that they are accusing me of fraudulent conduct and writing derogatory comments!

I used to enjoy using ebay and have done so without any problems whatsoever until this