Facebook Marketplace: Customer Rights

davidcoggin

Hi, 
I was wondering if anyone could help me out. I bought some airpods on someone off of Facebook marketplace that were brand new and they listed them as an apple product.
The airpods started playing up about a month ago so I took them to the apple atore and they told me I had been sold fake airpods. After reading up on the selling policies it seems that it is illegal to sell something and list it as a genuine apple product. I have reached out to the seller with no response, also to facebook with no response. Does anyone know where I stand with this? Any help would be greatly appreciated. 

MattMattMattUK

davidcoggin said:

Does anyone know where I stand with this?

Likely with no leg to stand on.

Facebook Marketplace is not a shop, it is not even a facilitator the same as eBay because it does not process payments, it is just a place for people to show what they have, the transaction then takes place between two private individuals, off the platform. If you know the person's identity/address you could in theory report them to the police, who are likely to be very uninterested, or Trading Standards, for selling counterfeit goods, who will be similarly uninterested. You could issue a private claim through the courts, but it will be very difficult to prove your case (eg they could just say you bought the counterfeit goods elsewhere and are trying to screw them over), your ability to prove based on a balance of probabilities is very low. 

If you deal with some random person off of the internet you have little if any consumer rights, those generally come from dealing with legitimate trading entities, it may be an expensive (or less so) lesson learned. 

JJ_Egan

Do you have full contact details for the seller .

As said you have not bought from Facebook .

jon81uk

If you are old enough to remember the classified adverts in the back of local newspapers, Facebook Marketplace and Gumtree are the same. The newspaper wasn't liable for the goods being advertised, it is a private sale between two people.

Spank

Buying from FB is the same as buying from a bloke in a pub (well when we could go to the pub)

pinkshoes

davidcoggin said:

Hi, 
I was wondering if anyone could help me out. I bought some airpods on someone off of Facebook marketplace that were brand new and they listed them as an apple product.
The airpods started playing up about a month ago so I took them to the apple atore and they told me I had been sold fake airpods. After reading up on the selling policies it seems that it is illegal to sell something and list it as a genuine apple product. I have reached out to the seller with no response, also to facebook with no response. Does anyone know where I stand with this? Any help would be greatly appreciated. 

Did it come with a receipt showing that they were genuine? Did you ask the seller to prove their authenticity?

Buying from anything other than an authorised retailer, the onus is upon you to check their authenticity I'm afraid...

Was this a face to face sale? Did you go to their house?
Or was it a send in the post sale and did you by any chance pay by PayPal named goods? (not friends and family)

DCFC79

How much were they ?
Original 2nd Gen are selling for £157 on Amazon, let me guess you paid less than the £157.