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Counterfeit Fragrance & Ebay Refunds

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  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    comeandgo wrote: »
    I do remember there is a problem returning perfume by mail but as its a fake bottle of perfume, the seller admits its fake can you pour the liquid down the drain and return the bottle?

    Well in theory, the seller will win an appeal. If ebay has asked for the return, then it must be returned 'as delivered'.

    I've won several on this type of point.

    But this is moot. ALL the buyer has to do is RING ebay and tell them it is counterfeit.

    But it's akin to banging a head against a wall and mine hurts.
  • Finally had the refund sent through from Ebay. Very long winded process but at least I have that money back to buy another gift. And, I've definitely learned my lesson when it comes to buying fragrance off the site!
  • I've also just managed to secure a genuine bottle from a high street retailer for just £28. Admittedly, it is the smaller sized bottle but at least it is within my price range. So happy!
  • But this is moot. ALL the buyer has to do is RING ebay and tell them it is counterfeit.

    But it's akin to banging a head against a wall and mine hurts.

    In theory, this is correct.
    However..

    I recently purchased an item from an ebay seller, and it was a poor quality counterfeit.
    I contacted the seller and asked for a refund, but they refused, so I opened an ebay dispute stating that the item was counterfeit.

    Despite me quoting the section of the ebay "guarantee" stating that counterfeit goods don't have to be returned, I was still asked to return it.
    I then went onto live chat (where I "spoke" to 3 different people in a 65 minute conversation), and they then told me that they couldn't do anything and I would have to phone up, which I did.

    I then had the "we are experiencing high call volumes at present. The average call waiting time today is 75 minutes!!"

    After eventually speaking to someone, they didn't know anything about the ebay guarantee and counterfeit goods, so I simply gave up and returned the item to the seller and received my refund (but not the return costs).

    I'm sure that the item will shortly be relisted for someone else to buy.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In theory, this is correct.
    However..

    I recently purchased an item from an ebay seller, and it was a poor quality counterfeit.
    I contacted the seller and asked for a refund, but they refused, so I opened an ebay dispute stating that the item was counterfeit.

    Despite me quoting the section of the ebay "guarantee" stating that counterfeit goods don't have to be returned, I was still asked to return it.
    I then went onto live chat (where I "spoke" to 3 different people in a 65 minute conversation), and they then told me that they couldn't do anything and I would have to phone up, which I did.

    I then had the "we are experiencing high call volumes at present. The average call waiting time today is 75 minutes!!"

    After eventually speaking to someone, they didn't know anything about the ebay guarantee and counterfeit goods, so I simply gave up and returned the item to the seller and received my refund (but not the return costs).

    I'm sure that the item will shortly be relisted for someone else to buy.

    Two points to help.

    1. Never use livechat.
    2. Always have the policy page open in front of you when you call.
  • Two points to help.

    1. Never use livechat.
    2. Always have the policy page open in front of you when you call.

    1/ Once was certainly enough. It was my first and last time.
    2/ I did have the ebay guarantee webpage open but the ebay agent still insisted that I had to return the item.

    It only cost me £2 to return the item by signed for mail so I'm not too worried about the cost of that.
  • soolin
    soolin Posts: 74,171 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Completely off topic but do other people generally have to wait 75 minutes to talk to ebay? I assumed they hated me for various reasons, but I rarely wait more than 2 -3 minutes maximum if I phone through with my pin number- and I always get Dublin.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • LouLou
    LouLou Posts: 2,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 November 2013 at 3:13PM
    Sigh. I am in the exact same situation. This perfume was listed Buy It Now, with no postage charge. Eight people snapped it up within hours.

    The seller INSISTS I return the item via ebay emails. Even when I stated the details here specifically: http://www.ebay.co.uk/gds/Dealing-with-Counterfeit-Sellers-/10000000033459149/g.html (thanks for this, by the way), UK and EU legislation prohibits the return of counterfeit goods to the supplier. [The relevant law in the UK is section 92 of the Trade Marks Act 1994.]
    Inform Trading Standards in the seller's area of the transaction and offer to send them the item for confirmation of its counterfeit status and its authorised destruction.


    The reply I got was "ebay states when item is returned you will be refunded and you I'd NOT recieve it by Royal Mail I will not respond to any more email from you as we will leave it in the hands of ebay" (??)

    I also raised a Case. I sent a detailed description of my reasons supporting my view that the perfume I got is counterfeit, I even wondered why I didn't get an apology or even a confirmation/denial!

    The Case is currently awaiting a Tracking Number in my response, so I don't know what else to do to avoid posting it back.

    Do I leave a neg now or does it make things worse? Am I duty-bound to return it (and I have no idea what the Royal Mail restrictions on perfume currently are). Help!

    Obviously I don't want some poor unsuspecting buyer (a few are leaving positives already, which is maddening) to be lumbered with this.
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