Supposed Counterfeit Item

pinkshoes

If the buyer wins the argument that they are fake, then you need to take the buyer to court for your money.

I would let the buyer know via ebay that you have evidence that they are genuine, upload a copy to the dispute, and make it clear that if they continue with their false claim, you will pursue them through the court for the money.

hollydays

If I could add, a few years ago I was accused of selling a fake item-it definitely wasn't. The buyer had to prove it was fake - he couldn't-cos it wasn't. He lost the case.

mimi1234

OK. So the buyer opened a case for eBay to step in which they did.

I got an email saying update your return address and then an email 2 hours later saying "we have contacted your customer to find out what is wrong with the item and we will get back to you by the 17th".

So this morning I got an email saying "you didn't update your address and the buyer no longer has to send the item back because we have refunded them out of your account".

Is this normal? They told me to update my return address, then hang fire and then they automatically refund the buyer?

Also, the buyer is just plain nasty. The item I sold them was exactly as described. She thought it was a different product (there is a much more expensive serum which costs about £20 more and that is the product she described, i.e. it had a different outer package) which it clearly wasn't had she looked at the photo and the title I put up.

Do I just have to take it lying down or can I battle with eBay? I understand they want to side with the buyer, but the story they have given does not even match. They bought the wrong item, and when they wanted a refund, they said the item was counterfeit which is just plain nasty.

soolin

Why did they want you to update your return address, was there any question of your ebay registered address being incorrect?

mimi1234

soolin wrote: »

Why did they want you to update your return address, was there any question of your ebay registered address being incorrect?

Yeah, I didn't have the full address on there. I never have done.

It just said something like North Yorkshire Street, North Yorkshire, NY1 SH1.

I saw someone's from Cumbria like that and I copied. It's probably the wrong thing to do, I know.

soolin

mimi1234 wrote: »

Yeah, I didn't have the full address on there. I never have done.

It just said something like North Yorkshire Street, North Yorkshire, NY1 SH1.

I saw someone's from Cumbria like that and I copied. It's probably the wrong thing to do, I know.

That might have cost you the return unfortunately, ebay require sellers to have up to date information available to them (not necessarily the buyer) including a phone number. The fact that you were in breach of ebay rules might mean that rather than warn you and allow you time to correct it, they just awarded to the buyer.

It still might be worth phoning ebay to appeal, but I wouldn't hold your breath if the buyer never had a proper address to return it to.

Looking at the time frame it might have been better to have uploaded a valid return address a couple of weeks ago, once the case was open the buyer has a chance to return the item- but with no address they couldn't do that, and that's why they still have the item as well as your money.

mimi1234

Thanks SOOLIN. I very much appreciate it.

So technically, someone can buy something. If they change their mind, they can automatically return it and say it's counterfeit? Is that correct then?

theonlywayisup

mimi1234 wrote: »

Thanks SOOLIN. I very much appreciate it.

So technically, someone can buy something. If they change their mind, they can automatically return it and say it's counterfeit? Is that correct then?

This isn't that scenario though, you didn't have a valid address for the buyer to return to. If you had, you wouldn't have had to refund until the item was back with you.

soolin

mimi1234 wrote: »

Thanks SOOLIN. I very much appreciate it.

So technically, someone can buy something. If they change their mind, they can automatically return it and say it's counterfeit? Is that correct then?

I know it has already been said, but there have been recent instances where an item was returned, seller appealed and their money was refunded as a good will gesture. You were on a loser the moment you failed to stick to ebay requirements to have valid contact details- you were lucky not to get a seller warning for that as well.

Ebay are very simplistic, they take the easy route- so a buyer says an item is fake, seller has no valid details so is in breach of ebay rules, so in a simple process seller has something to hide or is trying to prevent fake items being returned- seller automatically loses.

bxboards

There is a contradiction here though..even if the seller had a correct return address, if Ebay decided the item was fake, then legally they cannot insist it be sent back, as it is illegal to send fake items in the post.

If Ebay decided it wasn't a fake, they would not ask the buyer to send it back.

Either way, as far as I can see, no item should be returned.

So in this case, I think the Return address is a red herring, as as far as I can see, in no instance could the buyer be asked to send it back

1) Ebay decides item is fake - item cannot be posted, must be destroyed
2) Ebay decides Item not fake - in that case, buyer should lose, and not be asked to post it back