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Fake item

Hi

Bought something off ebay (id 200681658162)

It arrived, opened envelope up and thought.... It's fake.

Did a bit of looking round on internet and it was 100% a fake. To give the seller the benefit (no pun intended) of the doubt I went to the Benefit counter at Boots, they confirmed it was a fake and said that really I should contact trading standards/police as it's counterfeit.

Emailed seller and advised them it's fake, they emailed me back and said they'd refund immediately IF I didn't leave negative feedback.

TBH all I want is my money back.

No refund arrived so filed a SNAD and seller has agreed to refund if I return (that's fine not got problem with that) but they wont pay the return postage so I'll be nearly £3 out of pocket (I know it's not much) all because they sell fake items.

Am I right in saying they have to pay postage back?

Should I just cut my losses and leave them a negative?

It infuriates me as they've got feedback on there today saying the item is great! It's not it's fake! Feel like messaging them all to advise!
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Comments

  • kurgon
    kurgon Posts: 877 Forumite
    If Boots will give you written confirmation, on letterheaded paper then take it further.
  • Strapped
    Strapped Posts: 8,158 Forumite
    Open a dispute in eBay. Open it in eBay, not in PayPal because if you open it in PayPal then the emphasis will be on you to prove it's fake, but in eBay it is on the seller to prove that it is genuine.

    You need to open a "not as described" dispute but make sure you pick the radio button that says "because the item is fake" (I think it's on the 2nd or 3rd screen after you open the case and have to give details). You may still have to return the item (which as you sayis fine, I doubt you'd want to put fake cosmetics on your face) but eBay may well provide you with a pre-paid postage label so you are not out of pocket.

    HTH.
    They deem him their worst enemy who tells them the truth. -- Plato
  • kurgon
    kurgon Posts: 877 Forumite
    Strapped wrote: »
    Open a dispute in eBay. Open it in eBay, not in PayPal because if you open it in PayPal then the emphasis will be on you to prove it's fake, but in eBay it is on the seller to prove that it is genuine.

    You need to open a "not as described" dispute but make sure you pick the radio button that says "because the item is fake" (I think it's on the 2nd or 3rd screen after you open the case and have to give details). You may still have to return the item (which as you sayis fine, I doubt you'd want to put fake cosmetics on your face) but eBay may well provide you with a pre-paid postage label so you are not out of pocket.

    HTH.
    A SNAD has already been filed
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    And don't let this seller bully you into not leaving negative feedback. If eBay find in your favour, which they will, then the seller HAS to refund, regardless of what feedback you leave.

    The reason you have been duped is because nobody else has left negative feedback stating the item is fake
    It may sometimes seem like I can't spell, I can, I just can't type
  • texranger
    texranger Posts: 1,845 Forumite
    Strapped wrote: »
    Open a dispute in eBay. Open it in eBay, not in PayPal because if you open it in PayPal then the emphasis will be on you to prove it's fake, but in eBay it is on the seller to prove that it is genuine.

    You need to open a "not as described" dispute but make sure you pick the radio button that says "because the item is fake" (I think it's on the 2nd or 3rd screen after you open the case and have to give details). You may still have to return the item (which as you sayis fine, I doubt you'd want to put fake cosmetics on your face) but eBay may well provide you with a pre-paid postage label so you are not out of pocket.

    HTH.

    no if its fake then it is up to the seller to prove its genuine and if they cant then ebay will refund you and you wont need to return the item, just dispose of it.

    but this seller will satill continue, so if you can get a letterheaded response from the boots counter to say it is 100% fake then report this seller to the police and TS
  • I had this problem with a Benefit powder that I bought off eBay. It arrived and it was so obviously a fake I was shocked. The colour of the powder was off, the smell was different, different graphics on the label etc etc (and it goes on)

    I kicked up a right stink with both PayPal, eBay and the seller. I didn't have to return it, I got a full refund and the seller got bad feedback from me. A few days later they were no longer a registered user!

    As a buyer, if you are sold a fake, shout and shout loud, they listen when you do.

    I was disgusted as it clearly said 'GENUINE' product in the body of the listing. Goodness knows what cancer causing ingredients were in the fake product I was sent, I know this - no one should put fakes on their face or anywhere else on their body, no idea what it can do. They have no scruples some of these sellers, its rife on eBay, and Benefit as one of the biggest with issues about fakes on eBay sadly.

    Taught me a lesson though, never buy quality make-up from eBay cheaply to try to save a few pounds, you get sent a fake.
  • Strapped
    Strapped Posts: 8,158 Forumite
    texranger wrote: »
    no if its fake then it is up to the seller to prove its genuine and if they cant then ebay will refund you and you wont need to return the item, just dispose of it.

    but this seller will satill continue, so if you can get a letterheaded response from the boots counter to say it is 100% fake then report this seller to the police and TS

    Nope, afraid not - this advice is often given on this forum, but there have been a number of cases recently - including mine - where eBay have still insisted that the fake item is returned to the seller. In my case, the seller is still selling even though I also reported their items separately as well.
    They deem him their worst enemy who tells them the truth. -- Plato
  • joess
    joess Posts: 349 Forumite
    Thanks for the replies everyone.

    Went back to Boots today with it and the lady wrote on Boots paper it's fake, she said legally she's meant to take it off me and send to Benefit along with my sellers name & address but she let me keep it (don't think she could be bothered with the hassle!)

    Do you think it's worth emailing the other buyers to notify them the item they've bought is fake?
  • joess wrote: »
    Thanks for the replies everyone.

    Went back to Boots today with it and the lady wrote on Boots paper it's fake, she said legally she's meant to take it off me and send to Benefit along with my sellers name & address but she let me keep it (don't think she could be bothered with the hassle!)

    Do you think it's worth emailing the other buyers to notify them the item they've bought is fake?

    How would you find out the other buyers email addresses? eBay hide them from everyone. If you could, I would do it but I don't think you can.

    Armed with that letter, you can do damage to the seller, go for it! they deserve it, they ripped you off.
  • freddysmith
    freddysmith Posts: 2,002 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 4 December 2011 at 2:41PM
    joess wrote: »
    Do you think it's worth emailing the other buyers to notify them the item they've bought is fake?

    You would have to wait until they leave feedback and see their full Ebay user name and then contact them.
    You could View Item on the feedback or use the 2 visable letters and the feedback count and correlate them to the correct auction
    Could try the most recent person leaving feedback dated 04-Dec-11 12:42
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