Buyer claiming genuine item fake - trading standards

humblepii

Please can you help with some advice?

My boyfriend sold a luxury fragrance on eBay. It is categorically genuine (though we no longer have proof of purchase) and was accurately pictured and described. Buyer paid, he sent. No problem.

Next thing, with no prior contact, buyer opens a case, claiming 'item is not as described' - claiming it's a fake. He immediately followed this us up with a message saying much the same thing. He said he took it to a department store and compared it to another and that the packaging, bottle and even smell were different. He is obviously comparing it to a completely different product...

Boyfriend sent in-depth response saying he was disappointed buyer didn't get in touch to sort, would happily refund if not happy but item is genuine, was explained in description item is around two years old and now rare, etc. Said if he sent back he'd happily refund.

Buyer responded immediately and aggressively, saying he'd left the item with the department store to pass on to trading standards.

My OH is a bit in shock about this and not sure how to proceed. Obviously he would rather not refund without item, but he would to protect his huge 100% positive feedback and get it over with. Worried that will be seen as admission of guilt though, when the item is absolutely not fake. Also, he doesn't want this man to have his name/address/email address as he is scary (also local) and possibly trying to scam us.

OH has five days to respond to the case. What should we do?

soolin

Assuming buyer has opened a straight SNAD and ebay are not asking you to confirm it is real, tell them it needs to be returned for a full refund. That's what ebay will expect.

Leave them to work out how to achieve that and only correspond saying the same thing through the dispute console- no personal emails or other contact.

It is unlikely to save your 100% feedback, but it will stop a scammer getting money from you

jetplane

I doubt the store would pass it on to trading standards, why would they become involved in this? It's up to the buyer to take any issues with trading standards.

humblepii

Many thanks for your sound advice, Soolin. I guess that's what we'll do. Just so frustrating. He's ticked all sorts of ridiculous statements, like 'the seller is not responding to me' - having not even bothered to contact him!

I've just noticed that he says in the dispute that he wants to return the item for a refund. But he said in a private message that's not possible. So we shall respond via the dispute console and see what he comes back with. We really don't want him to have our address...

Jetplane - our thoughts exactly. We smell a rat!

superfran_uk

humblepii wrote: »

Many thanks for your sound advice, Soolin. I guess that's what we'll do. Just so frustrating. He's ticked all sorts of ridiculous statements, like 'the seller is not responding to me' - having not even bothered to contact him!

I've just noticed that he says in the dispute that he wants to return the item for a refund. But he said in a private message that's not possible. So we shall respond via the dispute console and see what he comes back with. We really don't want him to have our address...

Jetplane - our thoughts exactly. We smell a rat!

As a buyer I'm sure he has access to your address already?

brettcta

in for updated - i have something similar pending at the minute

cootuk

If he's lodged a complaint as a fake, then either paypal or ebay want you to prove it's genuine or him to prove fake - can't remember which way round it is - so it depends if he opened Ebay or paypal complaint.
I doubt store would give him documents to state it's fake.

pulliptears

Don't get drawn into an argument. Simply add to the dispute "please return for full refund". That's all I would do tbh. I think you have a chance who fancied a free bottle of perfume for Valentines day.

humblepii

Thanks all again for your wise advice with this a few weeks ago. Was hoping to be able to update with a positive outcome but this is unfortunately not the case.

Picking up where we left off, in brief:
- We responded via dispute console, saying we'd issue full refund if item returned
- Buyer updated that he had returned the item but input fake tracking details (like 111111111)
- Buyer escalated the case (obviously, the item did not materialise)
- eBay put the case on hold pending more information - they asked the buyer to provide written evidence from the company/law enforcement that the item was fake

At this point we relaxed as we knew this would not be possible.

So imagine our our surprise when we received a 'case closed' message, saying they'd ruled in the buyer's favour. Under comments was noted, 'The buyer did not provide evidence that this was fake.' It says the ruling will go on my boyfriend's seller record.

How is this logical/possible?!

Additionally it notes that they have decided not refund the item, which seems to me like they are really ruling in our favour anyway...?

Any advice on how to handle the appeal? Should we even bother?

Thank you, again, in advance...

pinkshoes

Phone Ebay and point out buyer has neither returned the item, as requested, nor proved it was fake. Also point out they entered false tracking.

Just keep phoning and be persistant.

Ps - fragrances do have a shelf life, so will smell different over time.