Supposed Counterfeit Item

mimi1234

The return address has been updated. Many thanks for that.

And BXBOARDS, I fully agree with you. I spoke to a lady I work with and she told me she bought a Benefit eye make up product. The item sent was clearly a fake, the label said BENFIT as opposed to BENEFIT. So she put in a claim via eBay. eBay asked for photos and told her seller it was fake and that she had to be refunded and told my friend to dispose of the item.

I guess I've been done over, but that's my own fault.

I am still going to have words with eBay. They can't tell me to update my return address, and then a bit later tell me to do nothing and that they are waiting on the buyer to prove to them it's fake and then say your 2 / 3 days are up, we have refunded the buyer.

George_Michael

bxboards wrote: »

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.

This comes up time and time again but it is incorrect.
The only counterfeit items that it is illegal to post within the UK are fake stamps and counterfeit currency. There is no law or Royal mail restriction preventing other counterfeit goods being posted.

It's different when you are talking about posting overseas as many countries ban the importation of fake goods but as far as the UK goes, there is no reason to stop you mailing counterfeits internally.

mimi1234

Can I just ask. Say for instance, I updated my return address in time and the buyer sent the item back tracked.

What if:

a) they sent an empty box with nothing inside?
b) they sent the item back but it was opened and / or used?

I get the impression that eBay would automatically refund the buyer once they proved they had sent the item back or if the tracking showed that it had been received by me.

I fully understand the returns policy say for instance I had sold a fake item, or I had misled the buyer, such as showing a photo of one item but sending another. But I do think it's a bit unfair if the buyer has changed their mind or has brought the wrong item by mistake.

theonlywayisup

mimi1234 wrote: »

Can I just ask. Say for instance, I updated my return address in time and the buyer sent the item back tracked.

What if:

a) they sent an empty box with nothing inside?
b) they sent the item back but it was opened and / or used?

I get the impression that eBay would automatically refund the buyer once they proved they had sent the item back or if the tracking showed that it had been received by me.

I fully understand the returns policy say for instance I had sold a fake item, or I had misled the buyer, such as showing a photo of one item but sending another. But I do think it's a bit unfair if the buyer has changed their mind or has brought the wrong item by mistake.

If the buyer sent a different item or empty box, eBay refund them. You can appeal and if you have a good case they might overturn the decision but more likely refund you, therefore the buyer never loses out.

mimi1234

Right, so eBay have taken the money out of my account and refunded her. I will see what she has sent back. I wonder if I will be able to argue with them if say she has opened the item or not? Wish me luck.

shaun_from_Africa

mimi1234 wrote: »

Right, so eBay have taken the money out of my account and refunded her. I will see what she has sent back. I wonder if I will be able to argue with them if say she has opened the item or not? Wish me luck.

But earlier you stated that ebay told you that your buyer was no longer required to return the item because of your incorrect address details.

mimi1234 wrote: »

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".

mimi1234

Hi. Sorry.

The original case I lost because I didn't update my address and they refunded her. That's where I was accused of selling a fake. I am going to appeal that but I have to do it over a phone.

Another case was opened where the buyer changed her mind saying there was no expiry date on the box. I confirmed with the beauty brand who said products do not have expiry dates. I online chatted with ebay who told me not to let her return as she had no genuine reason to return in. She then opened a case and ebay ruled in her favour. Why I still do not know. I contacted ebay and they said I had to update my address and follow the case through. She changed her mind and then said the item was not as described which it bloody well was. All the photos were accurate and I even said the box had no expiry date in the description. I was forced to update my address which I did and ebay ruled in her favour and refunded her yesterday.

I think it's a bit pants that folk can just change their mind and claim the item was not as described just like that. Is this normal?

fuzzgun19

So, the buyer is not sending the item back?

If they were and you suspect they may send back their own fake, you could say you would check your security pen marking on the product when it arrives which might put the scammer off.

mimi1234

fuzzgun19 wrote: »

So, the buyer is not sending the item back?

If they were and you suspect they may send back their own fake, you could say you would check your security pen marking on the product when it arrives which might put the scammer off.

No, the one who said I sent her a fake is NOT sending the item back because I did NOT update my return address within 3 days. So eBay told me off and said we are giving her a refund and tough !!!! to you. So in essence, she has a genuine item worth over £25, she got refunded the full amount and well, job's a good one. My fault for not having put the correct return address or updating it, but I was sticking to my guns as I had done no wrong. If she had tried doing that in store, they would have smacked her right down.

The second one who changed her mind because the box did not have an expiry date has supposedly sent the item back and it has been tracked and eBay have seen this, so they have automatically refunded her. I await to see what has been sent back. I do hope it's the unopened item I sent her otherwise I will have been done over big style!

George_Michael

mimi1234 wrote: »

The second one who changed her mind because the box did not have an expiry date has supposedly sent the item back and it has been tracked and eBay have seen this, so they have automatically refunded her. I await to see what has been sent back. I do hope it's the unopened item I sent her otherwise I will have been done over big style!

I always thought that when ebay required a buyer to return something as part of a dispute, a refund was only issued once delivery or attempted delivery had taken place.
Are you 100% that the second buyer has posted the goods back to you? If not, ebay may also have told them to keep them.