Help getting a refund, seller only want to give me half my money back

kimmy393

OK as I said the other day I went to Ernest Jones and realised that the item I brought from a seller online was infact fake. However the seller had listed the item as chamillia , which now I realise its a counterfiet. wrong size, doesnt have the lock part to it that it should etc, ernest jones worker even verified mine was a fake. so I opened a Ebay case. However seller has said she will give me half my money back and I can keep the item !!
So I repsonded I want a full refund, and seller can pay for me to send item back to them trackableas I dont want it.
Seller has now repsonded with this reply:
"As far as I was concerned the item was genuine.it was given to me as a gift and I had no reason to suspect it being fake therefore I advertised it as I saw fit. I would never sell anything on ebay knowing that it was fake. The item was advertised as Chamilia, you saw the photos of them item when it was for sale. You also asked me if the item was genuine however I didn't get a chance to answer your question before the listing finished.....yet you still went ahead and purchased it. Also, you have given me excellent feedback. I cannot understand now, why, nearly 4weeks later you are asking for a refund? I have been reasonable and offered half a refund to you and for you to keep the item. If you cannot accept this offer then I will have to escalate the matter to ebay to get a decision made. Please let me know how you wish to proceed. "

Where do I go from here please.??

forgotmyname

Return the item tracked and get your money back. Return costs will probably be from your own pocket. I doubt they will pay that.

kimmy393

If its a counterfiet item shouldnt the seller have to cover the postage and should it just be destroyed its worthless.Wouldnt Ebay say that. It does not seem fair that I should have to pay postage, and be out of pocket. The item with postage cost me £30 ish .
If I posted back special delv it would cost me £6 ish
Plus the seller has not asked for item back. I have offered to send it bac if they paid postage. They asked me to keep it and they would refund half. I refused that offer.

kimmy393

Also If it gets esculated, will ebay side with me and gove me my money back??

Thanks for your help.

alykatz

Escalate the case when you are able and ebay will tell you to return tracked at your expense.
Once tracking shows delivery or attempted delivery you will get a full refund of what you originally paid.

kimmy393

I just read on other threads that someone people get an already paid postage label from Ebay?? And others Ebay had told them to destroy item, while others have to pay to send item back. How does that work?? Shouldnt every one who got sold a fake item have the same outcome??!!

alykatz

kimmy393 wrote: »

I just read on other threads that someone people get an already paid postage label from Ebay?? And others Ebay had told them to destroy item, while others have to pay to send item back. How does that work?? Shouldnt every one who got sold a fake item have the same outcome??!!

It seems to be pot luck tbh.
You could try stating in the dispute that you see no reason why you should pay return postage considering you were sold a fake item, but the outcome most probably will be you have to return at your own expense for a full refund.

kimmy393

Ok thanks I will do. Lastly I just wanted know does it matter who escalates the claim to Ebay. As the seller said they would do it but I would obviously prefer to but I don't see how I can do it right now as there is no button to do so . Does the seller have an option right now to do so then..?. And will it go in their favour if they do it first. Thanks

alykatz

kimmy393 wrote: »

Ok thanks I will do. Lastly I just wanted know does it matter who escalates the claim to Ebay. As the seller said they would do it but I would obviously prefer to but I don't see how I can do it right now as there is no button to do so . Does the seller have an option right now to do so then..?. And will it go in their favour if they do it first. Thanks

No it doesnt matter who escalates the case the outcome will be the same.
You can only escalate the case after ,i think its 8 or 10 days from when you first started.
No it wont matter who goes first at all.

kimmy393

Ok I have written back to the seller once agin stating I will only accept a full refund. I once again pointed out how i knew it was fake and included a link to the ernest jones be sites pointing out the lock clips on the genuine charm that the fake one she sent me does not have. I also pointed out to ebay that I did not not want to pay to return her fake item, as she could sell it again etc etc.. I'll see what happens . Hopefully I'll get my refund all ok

shaun_from_Africa

If/when you return it, make sure that you put a return address on the package.
It's not unheard of for sellers to refuse to accept goods when delivery is attempted thinking that this will prevent them from having to refund as you won't be able to show that they have received the item.

If this was to happen, the package will get returned to you (eventually), and providing that the online tracking shows that delivery to the seller was attempted then you should still get your refund.