Seller has sold me a fake

Cute_'n'_Quirky

From the royalmail.com website

Prohibited Items

If they are found in the post, we can return them to the sender or dispose of them. And in some cases, the sender may face prosecution.

• Aerosols
  Except inhalers with a volume of 50ml or less.
• Alcoholic liquids
  With alcohol content higher than 70%vol.
• Batteries
  Batteries which are classed as dangerous goods by the latest edition of the International Civil Aviation Organisation's (ICAO) Technical Instructions.
• Butane lighters filled or refills
• Clinical and medical waste
  For example used dressings, bandages, needles, cotton wool.
• Corrosive substances
  These are substances which can cause severe damage to living tissue, other freight, or transport by its chemical action. All corrosive substances are prohibited such as; Aluminium Chloride; Caustic Soda; Corrosive Cleaning Fluid; Corrosive Rust Remover/Preventative; Corrosive Paint Remover; Electric Storage Batteries; Hydrochloric Acid; Nitric Acid; Sulphuric Acid, etc.
• Counterfeit currency, bank notes and postage stamps
  Except copies of old denominations, which are now obsolete and worthless except for collectable value and cannot be passed as tender.
• Drugs
  Except emergency drugs for medical or scientific purposes. For prescription and over-the-counter medicines please refer to the list of Restricted Goods.
• Dry Ice
  Dry Ice is solid carbon dioxide.
• Environmental Waste
  For example used engine oil or used batteries.
• Explosives
  Explosives are any chemical compound, mixture or device capable of producing an explosive-pyrotechnic effect, with substantial instantaneous release of heat and gas. For example; Ammunition, Blasting Caps, Fireworks, Flares, Fuses, Igniters and Nitroglycerine.

• Filth
  For example dirt,waste or refuse.
• Flammable liquids
  Flammable liquids are mixtures of liquids or liquids containing solids in solution or suspension which give off a flammable vapour. Any liquid with a closed cup flash point below 60.5° C is prohibited.
  For example; Acetone; Benzene; Cleaning Compounds; Gasoline; Lighter Fuel; Paint Thinners and Removers; Petroleum; Solvents etc.
• Flammable solids
  These are solid materials which are liable to cause fire by friction, absorption of water, spontaneous chemical changes or retained heat from manufacturing or processing, or which can be readily ignited and burn vigorously. For example: Adhesives; Calcium Carbide; Cellulose Nitrate Products; Matches; Metallic Magnesium; Nitro-Cellulose Based Film; Phosphorous; Potassium; Sodium; Sodium Hydride; Zinc Powder; Zirconium Hydride etc.
• Gases
  These are gasses that are compressed, liquefied or dissolved under pressure. Permanent gases which cannot be liquefied at ambient temperatures; liquefied gases which become liquid under pressure at ambient temperatures; dissolved gases which are dissolved under pressure in a solvent.
  1. All flammable compressed gases are prohibited
  For example: Blowlamps; Butane; Cigarette Lighters; Ethane; Gas Cylinders for camping stoves; Hydrogen; Methane and Propane.
  2. All toxic compressed gases are prohibited
  For example: Chlorine; Fluorine etc.
  3. All non-flammable compressed gases are prohibited
  For example: Air Bags; Carbon Dioxide; Fire Extinguishers containing such gases; Neon and Nitrogen.
• Indecent, obscene or offensive material
  For example pornographic material.
• Living creatures
  Except certain insects - see Restricted Goods
• Lottery tickets
  Except UK lottery tickets.
• Magnetised material
  Magnetised material with a magnetic field strength of 0.159A/m or more at a distance of 2.1m from the outside of the package.

• Matches of any kind
  See the ‘Flammable solids list’ above for more examples.
• Oxidising substances and organic peroxide
  These are substances such as disinfectants and may cause or contribute to combustion of other substances. They may also be liable to explosive decomposition, react dangerously with other substances, and injure health. For example: Bromides; Chlorates; Components of Fibre-Glass Repair Kits; Disinfectants; Nitrates; Per Chlorates; Permanganates and Peroxides.
• Pathogens
  Pathogens are things that can cause disease, such as a virus. Pathogens in the Risk Group 4 and selected Risk Group 3 listed in Schedule 9, Part 5 of the latest edition of the Control of Substances Hazardous to Health Regulations are prohibited. For example: Clinical; Environmental and Medical Waste; Ebola, Anthrax and Foot and Mouth Disease.
• Perfumes and Aftershaves
  Perfumes and Aftershaves that are classed as flammable are prohibited. Non-flammable items may be accepted but there are restrictions based on alcoholic content.
• Poisonous (toxic) and infectious substances
  These are substances that are liable to cause death or injury if swallowed or inhaled, or by skin contact. All toxic substances are prohibited. For example: Arsenic; Beryllium; Cyanide; Fluorine; Hydrogen Selenide; Infectious Substances containing Micro-Organisms or their Toxins which are known to cause (or are suspected of causing) disease: Mercury; Mercury Salts; Mustard Gas; Nitrobenzene; Nitrogen Dioxide; Pesticides; Rat Poison; Serum and Vaccines.
• Pesticides
  Any kind of chemical that is used to kill pests and insects.
• Radioactive materials
  Radioactive materials and samples that are classified as radioactive using Table 2-12 of the latest edition of the International Civil Aviation Organisations' (ICAO) Technical Instructions. For example: Fissile Material; (Uranium 235, etc); Radioactive Waste Material; Thorium or Uranium Ores, etc.
• Sharp Instruments
  Sharp instruments such as knives, gardening and household tools, unless they are properly protected.
• Solvent-Based Paints and Inks
  These are varnishes (including nail varnish), enamels and similar substances.
• UN2814 or UN2900 Infectious Substances
  These are classified at Division 6.2 of the 2005-2006 Edition Technical Instructions for the Safe Transport of Dangerous Goods by Air published by International Civil Aviation Organisation, (ICAO).
• Water-Based Paints and Inks
  Water-based Paints and Inks, such as household paint and inks over the volume of 150ml.

d123

7db wrote: »

In case you're interested, the law on this is TradeMarks Act 1994. S92 makes it an offence (punishable by upto 10 years) if you do almost anything with any goods with fake trademarks in the course of a business.

Section 92 has nothing to do with the OP, the seller will have committed an offence with regards this, but it is irrelevant to the OP. Even if the OP had bought the item in the course of his/her business it would not in itself be an offence unless it they offered it up for sale.

92 Unauthorised use of trade mark, &c. in relation to goods

(1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—
(a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trade mark, or
(b) sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign, or
(c) has in his possession, custody or control in the course of a business any such goods with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b).
(2) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—
(a) applies a sign identical to, or likely to be mistaken for, a registered trade mark to material intended to be used—
(i) for labelling or packaging goods,
(ii) as a business paper in relation to goods, or
(iii) for advertising goods, or
(b) uses in the course of a business material bearing such a sign for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, or
(c) has in his possession, custody or control in the course of a business any such material with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b).

Thanks to Cute 'n' Quirky for posting the list of items prohibited by Royal Mail.

abbas5001

An update: Sent him a few e-mails and he said to send him the jacket first, eventually got the message through that i wasn't going to send it back before a refund as issued so he said he would put one through on Saturday. No refund came through and i emailed Monday and Tuesday again with no replies. I sent him another one saying if he didn't give the refund by today i would report him. He replied 10 minutes later saying sure he would refund but have i sent the jacket yet.

I quite clearly conveyed to him i would take the refund then post it back yet he has said this, do you think he is trying it on or its a genuine misunderstanding and what should i say now?

frivolous_fay

In the normal sceme of things, you'd be expected to send the item back before you get your refund, but as it is a FAKE, you do not have to send it back at all.

I wouldn't mention this before the refund though. read this thread.
http://forums.moneysavingexpert.com/showthread.html?t=541564&highlight=sold+a+fake

Edit: I see I have already advised you on this. I hope it eventually sinks in

redwinerosemont

I recently bought a fake handbag on ebay and its been a nightmare !!! The people i bought it off ,refused a refund and said they were closing their ebay and pay Pals Accs, they wrote a very bad feedback against me when after reporting my problem to Pay Pal with a crime reference number, refunded my money. The sellers have started a campaign of emails in different names and tried bidding on items i am selling to be able to say never received, and make more comments on the feedback, you can do up to three per item.The police, (although the people addmitted in an email to conning me,) gave them a warning only. Even though the fraud squad wanted it taken further, and i am stuck with these people still harrasing me and my 100% feedback trashed> Ebay do not want to know and say "we only bring buyers and sellers together"

brettcta

i hate ebay when they get a problem.

they'll provide the platform, take your money but when it comes to encountering a problem, they don't want to know.

i sympathise with you redwine. can you not set up the blocks on your auctions to stop people with no feedback bidding, this may help you stop the problem

redwinerosemont

You can only set a preference, so they are bidding on something i am selling now, and have opened 2 new accounts in the last couple of days to try to win this item and give me more bad feed back..If i wasnt selling a few bits for extra xmas money i would keep off for a few weeks..and see if they leave me alone, which i doubt.

drc

redwinerosemont wrote: »

You can only set a preference, so they are bidding on something i am selling now, and have opened 2 new accounts in the last couple of days to try to win this item and give me more bad feed back..If i wasnt selling a few bits for extra xmas money i would keep off for a few weeks..and see if they leave me alone, which i doubt.

Is there no way you could use a friends/partners ebay account to sell the few items you want to sell until these people get bored of harrassing you and realise that you don't appear to be selling things anymore? Also, don't forget that you can cancel their bids and you can block them so each time they open a new account (just to harrass you) it is a waste of their time as they are blocked straight away?

redwinerosemont

Its getting hard to tell who they are, ie who is real !! I am going to try and use a friends account, as they are starting too get to me!! All because i reported a fake handbag, because they refused to refund me, i have learnt a lot about ebay in the last month..ie they dont care as long as they make the money !!

abbas5001

Hi all thanks for the advice.

I've decided to send the item back and wait for the refund as i can't be bothered with all the hassle. However, do you think i should open up a complain in paypal resolution centre as I'm worried that I'll send the bag and then he'll deny all knowledge of the return and I'll end up with nothing

Thanks