I infringed on eBay but item had already sold, what to do

the-mango

[STRIKE]I had an item which had been up for a week and sold yesterday with the buyer paying last night.

Today I received this

Thank you for your recent listing on eBay. The rights owner or an agent authorized to act on behalf of the rights owner, Vans, Inc., notified eBay that this listing breaches intellectual property rights. When eBay receives a report of this type of breach, we remove the listing to comply with the law.
Questions about the specific violation should be addressed to Vans, Inc.
You can send an email to: infringements.vans@envisional.com

I realise now that this is because i'm not an authorised retailer, so my fault. (It is a real vans item)

I then receive a email from the buyer asking me to refund them and I replied instantly stating I would be happy to refund but explaining why that email came through about the infringement and would they like me to still refund or would they still like the item. About two minutes later I got this

We opened an eBay Buyer Protection case because xxxxx has an issue with an item purchased from you.
Details the buyer provided:
Problem: The buyer has not received the item
The buyer has tried contacting you
The buyer paid on 25 Dec, 2012
The buyer contacted you through email.
You have not responded to the buyer
You aren't working with the buyer to solve the problem

I have responded to the buyer and I am working to solve the problem.

Anyway, all I want to really get out of this is to get any fees back I would have paid for selling to this person and to offer it as a second chance offer. What would I have to do to get this? Continue with the case and refund them, would that get me a fees refund?[/STRIKE]

edit: They have now come back saying they still want the item. Do I just leave the case running now and if I do will it count against me in the future?

forgotmyname

They want their money back so refund them.

The case will go against you. BUT much worse is the issue Ebay pulled your listing. One black mark. Your account is at risk.

the-mango

They don't want their money back just want the item. I just wanted to know what to do about the case?

I didn't know I was infringing and that you couldn't sell certain brands. I have sold a fair few designer clothes which are much more likely to be fakes than vans and I've never had an email like this from eBay before. I also don't understand why they waited until the listing ended to say anything about it considering the listing was there for 7 days

techspec

the-mango wrote: »

They don't want their money back just want the item. I just wanted to know what to do about the case?

I didn't know I was infringing and that you couldn't sell certain brands. I have sold a fair few designer clothes which are much more likely to be fakes than vans and I've never had an email like this from eBay before. I also don't understand why they waited until the listing ended to say anything about it considering the listing was there for 7 days

They remove them as soon as they are reported. It just took 7 days for Vans to spot it.

I would send tracked, just in case. Buyer won't want to close claim until they have the item.

In myebay/account - click on policy compliance to see it you have been punished. They don't always take action. If if happens again in 3 months - the account can be restricted/closed.

the-mango

techspec wrote: »

They remove them as soon as they are reported. It just took 7 days for Vans to spot it.

I would send tracked, just in case. Buyer won't want to close claim until they have the item.

In myebay/account - click on policy compliance to see it you have been punished. They don't always take action. If if happens again in 3 months - the account can be restricted/closed.

Thanks will signed for be sufficient?

soolin

the-mango wrote: »

Thanks will signed for be sufficient?

AS long as you get a signature in case of dispute of course and recorded does not guarantee that is many areas.

the-mango

so it's not worth it and proof of posting will be enough?

soolin

the-mango wrote: »

so it's not worth it and proof of posting will be enough?

Yes but only to cover you against loss en route of course if buyer claims non receipt.

The sticky thread about postage explains it all

the-mango

soolin wrote: »

Yes but only to cover you against loss en route of course if buyer claims non receipt.

The sticky thread about postage explains it all

I understand about that but I just wondered if it was any different in this case?

soolin

the-mango wrote: »

I understand about that but I just wondered if it was any different in this case?

I'm not sure I follow?

techspec

Depends on value - but if its less that £46 use recorded. I would not risk POP under the cirsumstances.

If it fits through a letter box - pack it in a box. You are less likely to get a signature if the postman can push it though the letter box.