Paypal and counterfeit items

Estelle77

Hi, I don't know where to post this, but I would like to share my little story and find an answer on my question.
Purchased a hands free online (not ebay, not amazon, not aliexpress), paid with Paypal. The item arrived in poor condition, in a bubble wrap and plastic envelope (not in a box), found to be most likely counterfeit. Asked for a refund as item not as described. The website is not there anymore (I cannot find it), Paypal acted like deaf and idiots at once, asking me to post the item to the seller - to Canada (item came from Hong-Kong). I followed the steps, copy-paste the address to online postage purchase and posted it with international tracked service as instructed. Waited for a couple of weeks - to find out the address was incorrect as per tracking service. Another waiting and correspondence with Paypal - they refunded me the value of the item, but not the expensive postage to Canada. Going in circles for the incompetent customer services team which did not answer my questions and their deadline for faxing evidence for posting was written: (agent to insert date)... Never mind. Made a complaint and got an answer within about an hour with very useful instructions on how to upload the documents online. Waiting for their confirmation and remaining refund. It is not tolerable for the customer to be out of pocket for a bogus seller and incompetent Paypal team. And I find it alarming that instead of examining the counterfeit they asked me to send it to the seller instead. What do you think? Is there any legal duty to report such cases to the customs or something? The item appeared as the branded one on the first sight (minus the package), but it did not register with software like a genuine one and the workmanship was not as precise as the first original we had and which we thought we bought this time again. And it appeared used, actually, or dusty, at least.

Is it acceptable to post a suspected counterfeit item to the seller instead of confiscating it?

theonlywayisup

You were lucky Paypal refunded you the item cost. Their T&C state you must return the item tracked for a refund. They do offer a "returns on us" scheme which would have contributed towards the returns postage, had you found it and registered.

You can report it to Action Fraud although the best bet is the brand owner.

Ultimately you made the decision to buy from the company, why should Paypal be to blame?

Estelle77

theonlywayisup wrote: »

You were lucky Paypal refunded you the item cost. Their T&C state you must return the item tracked for a refund. They do offer a "returns on us" scheme which would have contributed towards the returns postage, had you found it and registered.

You can report it to Action Fraud although the best bet is the brand owner.

Ultimately you made the decision to buy from the company, why should Paypal be to blame?

I have found the 'return on us' just today so I registered.
As per whom to blame: nothing suggested the item was going to be counterfeit. I bought it via a website and paid price you would expect for the end of the line product which is not produced anymore. New models cost just some 25% more nowadays.

I blame Paypal for not doing the right thing and in exceptional cases, when the counterfeit is suspected, it should be not sent back to the seller so they can send it to somebody else, but it should be taken out of circulation. And I think I remember reading something like this in their T&Cs or something. I did have a read a few months ago when I was at the beginning of this journey. Or do you think it is right for the Paypal to ignore laws and set their own rules? At least there should be some consensus that if the item turns to be fake, as per distant selling regulations, I am entitled for even the returning postage - whomever account it comes from.
What sort of buyer's protection principles it is when the buyer is still left out of pocket for sending the item back and having no means of being compensated for the error of somebody else?

societys_child

I would like to share my little story and find an answer on my question.

Stop buying from dodgy websites . .