Fake item

texranger

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?

take a couple of copies of the letter, sent one to ebay and state that the fake item has been returned to Benefit for their investigation and then you send a copy of the letter along with the fake item to Benefit yourself using registered mail or a courier soi that you can track this with the sellers details, so they can take action against the seller

texranger

Strapped wrote: »

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.

you are wrong

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

shaun_from_Africa

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

Buyers may be asked. Not buyers will be asked.
As Strapped stated, there have been a few posters on here who have stated that they have opened and won ebay disputes for counterfeit goods and still been asked to return the items before a refund was issued.

Strapped

Yes, I am wrong in telling the OP what has actually happened, as opposed to quoting the official policies from the eBay Help pages which eBay themselves don't always follow. O-kay. Right you are.

I'm sure we're all aware what SHOULD happen but meanwhile in the real world, the OP wants their money back, not to spend even more money sending the fake to Benefit and more time arguing the toss with eBay (which is noble and principled etc etc etc...here's the applause for tex he's after :T)

No_Eye_Deer

shaun_from_Africa wrote: »

Buyers may be asked. Not buyers will be asked.
As Strapped stated, there have been a few posters on here who have stated that they have opened and won ebay disputes for counterfeit goods and still been asked to return the items before a refund was issued.

Agreed, but from what I have seen and read. The fake item/post it back scam, seems mainly to be goods sent from China.

joess

Strapped wrote: »

in the real world, the OP wants their money back, not to spend even more money sending the fake to Benefit and more time arguing the toss with eBay (which is noble and principled etc etc etc...

Exactly how I feel! Thank you.