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replica item bought, paypal claim..

this hasnt happend to me but someone at work but i' said i'd post on here because they aren't a member of the forums. my collegue bought his wife a watch from abroad, seller is a powerseller of mainly watches and has a good feedback record. the watch arrived and he took it down to his local jewellers for a vaulation certificate for the contents insurance on their house. jeweller said its a replica watch.

He opened a dispute with paypal on my advice and stated the facts ie, item not as described, but i think i've told him wrong, someone else said that he now has to send the item back to the seller to check, which is understandable for paypal to find in his favour but that by sending a fake goods in the postal system is breaking the law, even if you are returning it back to original person. He has a letter fromt he jewellers stating the facts, whats the best course of action. seller has denied all knowledge that its a replica and said it is a genuine watch. collegue said he isnt happy about paying to send it back abroad, obviously by trackable means which will cost a bit for somethign that is not worth it and he also wont be reimbursed for the returning of the item. is it worth goign straight to the cc or see what paypal say about it all?
Listen to what people say, but watch what people what people do!!
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Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    See what paypal say.

    If they try to insist on posting it back, that's the time to get on the phone to them and explain the above, ie. that you should not knowingly post fake items.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • stolt
    stolt Posts: 2,865 Forumite
    hes trying to get hold of paypal now by the phone, I wasnt even aware that you are breaking the law sending fake stuff back. I suggested it might be better to pop into town lunchtime and get a second opinion from another jeweller and have that as back up aswell, might make paypal sit up and take notice.
    Listen to what people say, but watch what people what people do!!
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I'd be thinking about going through any less-than-positive feedback to check for any indication that the goods are fake.

    Usually high-volume bootleggers have some indication in feedback that all is not kosher.

    Was it a too-good-to-be-true price?
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • stolt
    stolt Posts: 2,865 Forumite
    ive been through the feedback myself seeing if there are any mutual withdrawals but i cant see any. hes a high seller and has 30 negs but still very high %. no mention of any fakes or replicas, more to do with time taken to receieve the items and lack of boxes with the watches, but his reply was to that was ''shipped without box to keep shipping costs down, read auction noob''!! teh price was about 50% off but then with the current situation of the pound against the dollar he just thought he was winning because of that, but got hit with duty upon signing for it. So hes paid duty fees on replica watch! not sure if fedex will refund him for those either.
    Listen to what people say, but watch what people what people do!!
  • paisley_lass
    paisley_lass Posts: 160 Forumite
    if he has a letter from the jeweller he could fax it to paypal as proof that the item is infact a replica and also state the implications of returning the watch due to breaking the law by returning through posting it....or even a visit to his local trading standards who will keep the watch and fax documentation to paypal stating it is fake and they will destroy the item.
    :)
  • stolt
    stolt Posts: 2,865 Forumite
    if he has a letter from the jeweller he could fax it to paypal as proof that the item is infact a replica and also state the implications of returning the watch due to breaking the law by returning through posting it....or even a visit to his local trading standards who will keep the watch and fax documentation to paypal stating it is fake and they will destroy the item.


    thats a good idea about trading standards and well worth doing, paypal have asked us to send the letter from the jewellers but the operator said that they were not aware that you couldnt return fake goods to the seller. which is not a good start! paypal said they will reply via email to him so i guess he'll have to wait until they look into to it. knowing what paypal have been like on some of my previous disputes it could take a while.
    Listen to what people say, but watch what people what people do!!
  • ukmike
    ukmike Posts: 752 Forumite
    Part of the Furniture 500 Posts
    But what's to stop someone getting a genuine watch,taking a fake down to a jewellers,then claiming from the seller it was a fake?Too easy to do.How can the buyer proove the watch he took for a valuation was the same one received?
  • richto
    richto Posts: 821 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    A: He doesnt have to. Paypal will almost always assume the buyer is right.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    What make of watch and which seller but I have found the Singapore guys great.

    How much did he pay?

    Trading standards can do nothing if it was bought overseas.
  • stolt
    stolt Posts: 2,865 Forumite
    ukmike wrote: »
    But what's to stop someone getting a genuine watch,taking a fake down to a jewellers,then claiming from the seller it was a fake?Too easy to do.How can the buyer proove the watch he took for a valuation was the same one received?


    thats a good point, i suppose there is always going to be the element of people trying to rip others off, but in this case its genuine. to be honest i would have spotted it was fake even before he took it down to the jewellers from the box, its not as good as boxes I have seen for other original watches, its good but the quality on the corners of the box are not upto scratch. I guess its my collegues word against his.

    its a gucci watch that was bought, seller i don't know whether i should mention his name on here but he is based in the US.
    Listen to what people say, but watch what people what people do!!
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