Refunded via resolution center but..

ButtonF1Fan

Hello,

Ive been in despute with a seller for a few weeks now. Over xmas ebay emailed to say "you may now esculate" if not resolved with seller directly.
Which I did, yesterday. By this morning when I woke up there was a "case closed, refund issued" message from ebay.

The seller sold me a counterfiet DSlite. I had no idea there even were fakes until this item arrived, the listed stated UK seller, item location of London. I do not buy electronics that are not from UK and intended for UK use. I was shocked to find out came from Hong Kong, and highly suspicious from when it arrived.
Upon opening the item I knew something wasn't right and contacted seller. He will not deny its fake, which is pretty telling. *IF* its real nintendo inside the casing it is badly put together.

I wasn't so cheap as to ring alarm bells, I bought my older son a Boxed second hand DSlite with Games 3 years ago for £50 inc delivery.
This was "brand new, in box" with no games for £52 inc delivery.

Seller eventaully offered me a "goodwill" gesture of a fake/illegal 100 in 1 games cartridge. No thanks. I suggested full refund of purchase price (£35) as the only honest thing was that he posted it via courier I said I'd pay postage. He then replied with no, £20 only. I relucantly agreed as I wanted it finished and concluded losing some of my money was better than all... then he got more sneaky. "you must promise a 5star and positive feedback" I answered with a non-commiting responce and then they said "we can't offer you a refund until you cancel all hostile action and disputes and PROMISE great feedback"
I kept quiet from then, waiting for ebay to interfere. I explained on the esculation form the attempted feedback blackmail. Also that I wasn't willing to post this back to him, as he'd just resell it, plus he'd dragged it out until after christmas knowing my child would have been given this "DS" by then.

Ebay's email stating a full refund £35 item cost, plus postage making it £52 total refund, ebay said case closed, refund offered as goodwill to buyer.
But it doesn't state if I OWN the item? I would have expected it to say either way on the ebay reply what I am expected to do? Is the item now MINE or the SELLERS? Do I keep or return this?
I know if its mine i can't sell on in any way as i know it to be fake, although not proven (I don't intend to sell anyway as son is happy with it, but if he ever upgrades to 3DS i know i would feel criminal part-exchanging it). Nintendo say they are happy to have a look and say one way or the other, but no longer need to if ebays refunded right?

As I type my youngest son is playing Mario on the fake, blissfully unaware somethings not quite kosher with it. My eldest son was almost fooled, but now agrees with me its fake.

lindseykim13

Really what does it matter? You have your money back and your son is playing on a ds (fake or not i wouldn't be bothered) you've paid nothing for it so just throw it out when your son's done with it. You own it now.

Meadows

Case closed, so end of sale! Yours to do with as you wish, if eBay wanted you to return the case would still be open.

If it is a fake the seller will not have wanted the hassle of a return so I am guessing they refunded as soon as the case was escalated before eBay took control to avoid any liability, but if you suspect this seller to be selling false goods how many other people will get stitched up with false products?
Up to you and how you view this as to whether you would want to report to trading standards.

pinkshoes

I'm quite sure my DS is fake (it was a present), but it still works 6 years later!

The fake 100 in 1 games cartridge it came with (the clue it's fake!) Isn't so great!

mcjordi

the refund was a goodwill one from ebay.. you still own the ds and the seller still keeps your cash. but ebay have refunded you outta their pockets from the sounds of it

the 100 in 1 game thing is an r4 card.... basically a modified game cartridge..

mjan

Just a quick note to say that, if it is fake / counterfeit, you should make sure it is safe for your children to handle it as the people that make and sell these don't really care about electrical safety.

http://www.thisisdorset.net/news/tidnews/10098263.Fake_goods_could_be____dangerous___/

http://www.esc.org.uk/fileadmin/user_upload/documents/public/leaflets/Buying-Electrical-Goods-Online-web_ready-_July_2012.pdf

Dave_the_Ginger_Cat

Under the refund process, it's not a goodwill payment from eBay, it's a refund through Paypal which charges it back to the seller. I would give the seller notice to collect at his cost, and if he does not want to do this then keep playing and bear in mind the safety comments from other users.

chancesare_2

Dave_the_Ginger_Cat wrote: »

Under the refund process, it's not a goodwill payment from eBay, it's a refund through Paypal which charges it back to the seller. .

If it is as the OP says then it is NOT a refund by the seller.

Ebay give 'no fault' refunds in some circumstances.

angelcake

I agree with Mjan there was a lot of news a while ago about fake ones catching fire etc.. I wouldn't chance it and take the money you have been refunding to 'game' you can get a decent one in there for that money including games, 2nd hand it maybe but at least it would be genuine and safe to use.

Alias_Omega

You've won the case, you have your refund.

To put your mind at rest, email the seller offering to return the item to them, if they pay your the postage costs up front.

I'd have a good idea that they will tell you to leave positive feedback & keep the item.

We've probably purchased from the same seller, they will start to ring you about the dispute/feedback from what seems an internet phone with a dodgy english accent.