Bought a counterfeit item on eBay .... Help :(

Frankie_doodle

Hello everyone long time lurker first time poster so please be gentle :rotfl:

As the title says I have purchased an item on eBay, the item was a life proof case for my phone. Unfortunately I didn't know anything about the life proof brand before I purchased the case as it was a colleague of mine who recommended I got the case as they are apparently the best ones he's had and said eBay was the best place to purchase one in the UK.

When I received it the case has serial numbers and you use these to register the case with the manufacturer for warranty purposes. I duly did this however this morning I received an email from life-proof to say the case was a counterfeit and that they advise I return it to the seller for a refund.

I went onto eBay and attempted to email the seller as I prefer to work things out with them if I can, rather than go straight to a dispute, however, I was in the screen to send a message and rather than send a message it's actually opened a dispute, the screens went through the normal process for sending a message but when I clicked send it showed the dispute page, and I received an email with the dispute details in.

I also realised last night that the seller is actually from America, when I'm buying from eBay I always click UK only and this item appeared on the UK only listings and said on the listing that it is located in Essex.

What I'm worried about now is when I am told to return it even though the item showed in a UK only search and stated it was in the UK will I have to post the item tracked to America?

Also I have heard horror stories about the buyer being made to prove the item is fake, will I need to do this in an eBay dispute, and will the email I received from the manufacturer suffice for this?

Any help is gratefully received

shaun_from_Africa

Also I have heard horror stories about the buyer being made to prove the item is fake, will I need to do this in an eBay dispute,

With an ebay dispute for counterfeit goods, the onus is on the seller to prove that the item is genuine. It is when a paypal dispute is opened that the buyer has to prove their claim of fake goods so you should be okay over this.

What I'm worried about now is when I am told to return it even though the item showed in a UK only search and stated it was in the UK will I have to post the item tracked to America?

When you next add any details to the dispute, make sure that you inform ebay that it is illegal to import known counterfeit goods into the US, and to back this up, you could quote the actual law to them. (USC § 1526)

Except as provided in subsection (d) of this section, it shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise, or the label, sign, print, package, wrapper, or receptacle, bears a trademark owned by a citizen of, or by a corporation or association created or organized within, the United States, and registered in the Patent and Trademark Office by a person domiciled in the United States,

http://www.law.cornell.edu/uscode/text/19/1526

Frankie_doodle

Hi Shaun From Africa

Thanks for the response it was a great help, the seller has now responded to the case with a UK address for me to send the item back to them for a full refund.

I don't want the item but I am loathe to send it back to him as I have an email from the manufacturer to state the item is counterfeit, should I just send it back where he has more on sale and would be free to sell this one to another buyer or should I be contacting eBay and pressing the fact that it is counterfeit?

pinkshoes

I would be tempted to write 'counterfeit' across it witha markerpen, enclose a copy of the email stating it's counterfeit, and send it tracked.

Or you could put in the dispute that you want the seller to pay return postage.

Frankie_doodle

That would be quite funny to do pinkshoes

I made a quick call to eBay last night to enquire about attaching the email from life proof into the dispute.... That was very helpful.... Not!! I landed up on hold for 10 minutes whilst the advisor went away to find out what the policy regarding Counterfeits are. She says my email from life proof may not be valid in the dispute. But agreed that I shouldn't return the item, she said I should await the escalation date and then escalate the case and call the resolutions team to get them to focus on the fact it is counterfeit and the seller has broken policy and that a return of the item to the seller is also against their policy.

I messaged the seller back to say that it was against eBay policy and the law for counterfeits to be sold, also that it was against the law and policy to post the item back and that I am awaiting a decision from eBay and trading standards regarding action to be taken with the case. I also sent a follow up message with the text from the email in.

The response I received this morning is as follows.....

'We can refund the payment to you without returning the case, but there isn't a option for me to refund the payment directly, so I have to respond to this case and require a return for refund and then issue a refund. Or please close this case and we will issue a refund through paypal directly. Thanks.'

Not a bat in hells chance am I closing this case!!!!:rotfl:

nikkit72

Lol tell them to refund you them the case will automatically get closed, lol do they think we all stupid close case before refund, don't think so!!!

Just write in the case you will accept a full refund please go ahead and refund my PayPal account I will then close the case,

Frankie_doodle

Not much of an update but here goes.

This is going round and around and around kinda like the sellers location which has changed from UK to America to China in a short space of time.:rotfl: their store also has a UK VAT number.

Roll on when I can escalate it. The seller keeps saying the only way they can refund is:

A) If I return the case... with it being counterfeit and the seller hasn't done anything to prove its legitimate, when I spoke to the customer services earlier in the week they said not to send it back but to hold out until I can escalate the case for a refund, and eBay telling me to destroy the item.

If I close the case then apparently this will allow them to have the option to refund me through Paypal.

They sent me a screen shot of their page for the dispute and TBH it looks exactly like mine when I go on and reply to them. They say they cant refund me as it doesn't show the option to refund me, their only option is to reply to the dispute messages.

I've replied to say that there is no way I am closing the dispute as I then leave myself wide open to not getting a refund and once the dispute is closed I am then unable to reopen the case. I will accept a full refund and I have quoted what the lady in the call centre told me about escalating for a refund and not sending the item back but destroying the item.

They have now had one neg left for fake product for the same item which is still on sale, I'm awaiting the outcome of this before leaving a neg.

I have never sold on eBay, I've just bought things but shouldn't they refund the payment though Paypal as that's how I paid? They just keep replying to messages telling me that as I wont close the case against them in order to allow them to refund my money through Paypal the only option left is for me to escalate it on escalation day and then eBay will refund me on their behalf.

Surely if this goes to eBay for resolution they would get a strike or something so it would be better to sort it out rather than press for me to escalate it?

Mistral001

They appear to be offering the option of continuing with the dispute in which case you may never get a refund but lots of emails and conversations with ebay, but be good good citizen and learn a lot about ebay's dispute procedure and the law on counterfeit goods (option A). Or get a refund no questions asked (option .

Frankie_doodle

Mistral001 wrote: »

They appear to be offering the option of continuing with the dispute in which case you may never get a refund but lots of emails and conversations with ebay, but be good good citizen and learn a lot about ebay's dispute procedure and the law on counterfeit goods (option A). Or get a refund no questions asked (option .

Not sure by what you mean with the reference to being a good citizen but I am not the one in the wrong!

If I carry on the dispute I am covered by eBay buyer protection which guarantees me a refund, my earlier question was questioning the fact that surely it is better for the seller to reach a solution rather than me escalating the case where eBay have to force a refund and the seller possibly receive a strike.

If it boils down to it I will post the Item back but customer services told me the policy is for the buyer to obtain a refund through eBay and destroy the item. If they say post it back I will do and ensure its fully tracked and signed for. If the seller refuses the return as long as it shows as an attempted delivery I will win the dispute and get my £35 back.

With regards to closing the case this is where I am likely to not receive a refund I have no guarantee that the refund will be made and if I close the case I loose my buyer protection, and cannot then open another case, leaving me with a worthless counterfeit item!

theonlywayisup

Frankie_doodle wrote: »

Not sure by what you mean with the reference to being a good citizen but I am not the one in the wrong!

If I carry on the dispute I am covered by eBay buyer protection which guarantees me a refund, my earlier question was questioning the fact that surely it is better for the seller to reach a solution rather than me escalating the case where eBay have to force a refund and the seller possibly receive a strike.

If it boils down to it I will post the Item back but customer services told me the policy is for the buyer to obtain a refund through eBay and destroy the item. If they say post it back I will do and ensure its fully tracked and signed for. If the seller refuses the return as long as it shows as an attempted delivery I will win the dispute and get my £35 back.

With regards to closing the case this is where I am likely to not receive a refund I have no guarantee that the refund will be made and if I close the case I loose my buyer protection, and cannot then open another case, leaving me with a worthless counterfeit item!

Tell your buyer that he needs to go to the resolution centre and to the case.

He needs to click the 'send another response'.

When he clicks that he gets 4 options.

'Request buyer return for a full refund'
'Make a full refund'
'Make a partial refund'
'Send a message'

If he presses 'make a refund' he wont even need to log into Paypal as it refunds direct.

tunnel

Surely if the seller goes into paypal to the original transaction they can find the OP's email address and make a direct payment to them. Even if they can't get to the original transaction because of the dispute,just give them your paypal email address and they can send the payment if they really are willing to refund. Job done,close dispute..simples. Oh and then probably a neg for counterfeit goods.