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Ebay item is fake and seller is not responding!

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  • 06-01-2010 3:04am
    #1
    Bougeoir
    Registered Users Posts: 170 ✭✭


    Hey there,

    I'm sure you've heard of this scenario. Basically I bought a top on Ebay, and the seller had 100% positive feedback and everything. He was selling a couple of tops and when I received the top on Monday morning, it looked substantially different from the picture and description which said it was "authentic" and "genuine". So I sent him a message that morning stating I wasn't satisfied at all and that the item he sold me that was supposed to be authentic was a cheap knock-off and that I want a full refund. So no response all day so I requested a refund that evening reiterating what I said and saying that the item didn't match the description provided. Today and still no response. I think he's avoiding a response on purpose because I've caught him out. I wouldn't mind when I sent him a message about shipping, he replied immediately! By the way, I bought the item as a 'Buy It Now' listing and as far as I'm aware, I'm entitled to a refund up until seven days after receiving the item under the Distances Selling Regulations.

    I need good advice on what to do. Ought I file a dispute if I don't hear back tomorrow?

    Regards ;)

    Dan


«13

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    #2
    Wats_in_a_name
    Registered Users Posts: 838 ✭✭✭Wats_in_a_name


    Not sure on the timeline here. From what I gather you emailed him first regarding the item being a fake yesterday?

    If so I would wait until tomorrow night & if still nothing is heard back start a paypal dispute.


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    #3
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    If you don't hear from him by tomorrow I'd advising opening an SNAD dispute with Paypal.
    Info here.


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    #4
    sold
    Closed Accounts Posts: 285 ✭✭sold


    Bougeoir wrote: »
    Hey there,

    I'm sure you've heard of this scenario. Basically I bought a top on Ebay, and the seller had 100% positive feedback and everything. He was selling a couple of tops and when I received the top on Monday morning, it looked substantially different from the picture and description which said it was "authentic" and "genuine". So I sent him a message that morning stating I wasn't satisfied at all and that the item he sold me that was supposed to be authentic was a cheap knock-off and that I want a full refund. So no response all day so I requested a refund that evening reiterating what I said and saying that the item didn't match the description provided. Today and still no response. I think he's avoiding a response on purpose because I've caught him out. I wouldn't mind when I sent him a message about shipping, he replied immediately! By the way, I bought the item as a 'Buy It Now' listing and as far as I'm aware, I'm entitled to a refund up until seven days after receiving the item under the Distances Selling Regulations.

    I need good advice on what to do. Ought I file a dispute if I don't hear back tomorrow?

    Regards ;)

    Dan

    Hi, I did exactly the same, purchased a fake Diesel top, Paypal said I could get a refund if I returned it, but that postage was not covered, Ebay is awash with fraud and stollen fake items (thats a fact its hard for them to police every auction). There are ways of getting your money back but its by no means easy. Certain areas on ebay are ok, (Books, stamps, ) but take the iphone, i was bidding on 10 iphones at 1 stage, surprisingly 5 of the auctions were canceled (so that the seller could sell it privatly and not pay the fees), there is no way I would buy a high value item from abroad on ebay, its ok for Ireland where you can maybe go and view the item and pay for it.

    Also if you are selling the fees and charges (both on Ebay and Paypal) don't really make it a great medium.


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    #5
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    I suggest waiting another day and see does he reply. I sell stuff on ebay myself and sometiimes can be away from my laptop for a day or two. If he does not reply, get in contact with paypal. If it is different than what is advertised then you will get your money back. Leave whatever appropriate feedback you feel is necessary on this guys ebay site.


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    #6
    RasTa
    Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    You will have to proove it is a fake, probably the hardest to do with stores for some reason. Phones are easy.


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    #7
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    You will have to proove it is a fake, probably the hardest to do with stores for some reason. Phones are easy.


    Cant he just open a SNAD dispute, return the item (using registered post) and paypal will refund him?


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    #8
    RasTa
    Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    RoadKillTs wrote: »
    Cant he just open a SNAD dispute, return the item (using registered post) and paypal will refund him?

    Nope it's illegal for us to ask someone to send back counterfeit goods as the seller will just sell them to someone else.

    What does happen though is the seller chooses that option before we get near the case and that's why the buyer gets the generic email telling him to ship back the goods.


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    #9
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    Nope it's illegal for us to ask someone to send back counterfeit goods as the seller will just sell them to someone else.

    Do you have a link to back this up? I never heard of this.

    I was always under the impression that if a buyer received a fake item they first contact the buyer for a refund / replacement and if that doesn't work out they then open an SNAD dispute with Papal, return the item, send the tracking details to Paypal and they will issue a refund.
    The buyer can and should also report the item through eBay.

    Edit: If I'm wrong what is the correct way for the OP to resolve this?


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    #10
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    Hey all,

    Thanks for the responses. Just to clarify, I sent my first message to the seller on Monday morning right after I got the item and realised it was a fake. It's now Wednesday evening and I still haven't got a response from him. It seems he's avoiding my messages on purpose. I mean the guy is selling these items in bulks of 10 and different sizes for each different auction. It's evident he got counterfeit goods from China or Turkey, posted a picture of the authentic top and sends buyers a fake one. I do realise some fakes look like the real thing but this one by no means does. You'd know it were fake, you know?

    Anyway, if I don't get a response by tomorrow morning, I'm filing a dispute. Should I do a normal one or the "Significantly Not As Described (SNAD)" one? I fear that by sending the top back, he'll just resell it to some other victim of fake goods? If I do have to send it back, I will as long as I get refunded. I will leave back feedback and break his 100% which is obviously from buyers who haven't realised that their goods are fake.


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    #11
    Aoibheann
    Registered Users Posts: 6,383 ✭✭✭Aoibheann


    Do the SNAD dispute, you'll get asked to tick a reason as to why it's not as described, and one of the options is fake/counterfeit goods or something similar to that.

    Paypal almost certainly will ask for you to get proof that the item is fake, something from a member of staff at an authentic store confirming the item is counterfeit or similar. Do not send the item back, paypal will advise against sending it back.


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    #12
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    Aoibheann wrote: »
    Do the SNAD dispute, you'll get asked to tick a reason as to why it's not as described, and one of the options is fake/counterfeit goods or something similar to that.

    Paypal almost certainly will ask for you to get proof that the item is fake, something from a member of staff at an authentic store confirming the item is counterfeit or similar. Do not send the item back, paypal will advise against sending it back.
    Oh the only problem is that the item is one of those Abercrombie hoodies, I was buying it for my brother for his birthday. He's all into that. Anyway there are none of those stores in Ireland hence why I was buying it online. But there are online guides for determining authentic from fake. I already did one and it ticked every fake box.


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    #13
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    Oh the only problem is that the item is one of those Abercrombie hoodies, I was buying it for my brother for his birthday. He's all into that. Anyway there are none of those stores in Ireland hence why I was buying it online. But there are online guides for determining authentic from fake. I already did one and it ticked every fake box.

    Open a SNAD and keep us posted OP.


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    #14
    ttm
    Closed Accounts Posts: 2,045 ✭✭✭ttm


    Bougeoir wrote: »
    Oh the only problem is that the item is one of those Abercrombie hoodies, I was buying it for my brother for his birthday. He's all into that. Anyway there are none of those stores in Ireland hence why I was buying it online. But there are online guides for determining authentic from fake. I already did one and it ticked every fake box.

    If the seller is who I think they are then they have been selling that fake stuff for years, the guy runs several eBay ID's at any one time and as one attracts bad feedback he'll start using another one. If you search eBay for the items he is selling you might notice at least 2 sellers with exactly the same selling format and exactly the same pictures of Abercrombie and Fitch gear. I followed the seller I'm talking about when he sold a load of fake USB keys and not one buyer left negative feedback even though a quick google of the item would have proved no such real brand name item existed.


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    #15
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    ttm wrote: »
    If the seller is who I think they are then they have been selling that fake stuff for years, the guy runs several eBay ID's at any one time and as one attracts bad feedback he'll start using another one. If you search eBay for the items he is selling you might notice at least 2 sellers with exactly the same selling format and exactly the same pictures of Abercrombie and Fitch gear. I followed the seller I'm talking about when he sold a load of fake USB keys and not one buyer left negative feedback even though a quick google of the item would have proved no such real brand name item existed.
    Hey there,

    Well his ebay name is kinger032007 and he has top-rated seller with 100% feedback so me being the fool, bought from him and received a very poor quality hoodie which looked like a total counterfeit! His actual name is Morgan Worvine and I've just filed a SNAD dispute on Paypal with him. When I was asking him a question about shipping, he replied straight away but when I sent him a message basically demanding a refund for the fake item, he didn't reply back and I also sent a return request and he ignored that too. It's now nearly Friday and no response. I'm determined to get my money back and I'm going to break his 100% feedback with a nasty negative one!!! :mad:

    Here's his page http://myworld.ebay.ie/kinger032007?ssPageName=ADME:X:RTQ:IE:1181and he has his own ebay shop called 'Kingz of Clothes'.


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    #16
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    RoadKillTs wrote: »
    Open a SNAD and keep us posted OP.
    Heya, I've just filed a SNAD dispute. hopefully it'll force him to respond! I'm so angry about this! :mad:


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    #17
    ttm
    Closed Accounts Posts: 2,045 ✭✭✭ttm


    Not the same guy, the one I was watching was in Ireland.

    Take it easy on the negative feedback, just be factual, and don't go over the top. "Fake item received, no responce from seller, opened dispute", would cover it but if you go mad and say stuff like "All his stuff is fake, he's a lying cnut" then he can get eBay to remove the feedback and you obviously don't want that.

    You'd be supprised how many people still leave positive feedback because they think they will get negative feedback left by the seller, that isn't allowed anymore and sellers can only leave positive feedback or none at all. But then it never ceases to amaze me how many people leave positive feedback for stuff which is obviously fake.

    Did you spot positive feedback left by yamyam1970 back in April last year for kinger032007 "poor product seams unfinished, either second or fake arrived quickly."?

    btw posting the sellers ID here is almost as good a negative feedback as anyone googling his name will probably pick up a link to this thread.


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    #18
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    Not the same guy, the one I was watching was in Ireland.

    I think I know the guy your on about. Selling for a few years. I actually bought a top of him. Must have been fake but the quality was really good. :o
    Take it easy on the negative feedback, just be factual, and don't go over the top.

    +1 also I'd wait until you got your refund before leaving feedback and say something like "item was fake, no communication from seller got refund"
    eBay will remove unfair feedback so don't go nuts :)


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    #19
    The Lovely Muffin
    Closed Accounts Posts: 6,595 ✭✭✭The Lovely Muffin


    I had the same/similar problem on eBay before.

    I bought a watch for £30 GBP (including postage), apparently the watch was coming from the UK.

    After waiting for three weeks after I'd paid, I heard nothing from the seller, so I opened a PayPal dispute and PP refunded my money.

    It was after I'd paid for the watch (and had been waiting three weeks for it to be delivered) I discovered the seller had a history of selling fakes (listings said items are genuine/authentic), items coming from HK rather than UK. The seller had 100% positive feedback (god only knows how/why). It was through Google I found out about this sellers past, as it wasn't mentioned in his/her feedback. The seller never once responded to the dispute.

    After the PP dispute ended and my money was refunded, I left negative feedback for the seller.


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    #20
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    -Orlaith- wrote: »
    I had the same/similar problem on eBay before.

    I bought a watch for £30 GBP (including postage), apparently the watch was coming from the UK.

    After waiting for three weeks after I'd paid, I heard nothing from the seller, so I opened a PayPal dispute and PP refunded my money.

    It was after I'd paid for the watch (and had been waiting three weeks for it to be delivered) I discovered the seller had a history of selling fakes (listings said items are genuine/authentic), items coming from HK rather than UK. The seller had 100% positive feedback (god only knows how/why). It was through Google I found out about this sellers past, as it wasn't mentioned in his/her feedback. The seller never once responded to the dispute.

    After the PP dispute ended and my money was refunded, I left negative feedback for the seller.
    Oh that's awful. Luckily, I've received a response today from him. He said: "You may have recieved a factory second! As will all my customers, if they are unhappy with item I will happily offer a full refund upon recieveing the item back in the same condition it was when it departed me!"

    Well it's obvious he's selling counterfeit goods. It'd love to ask him how I managed to get a factory second when he had advertised "genuine and authentic"! So I'm going to post it back to him Monday morning. But I'm still going to give him bad feedback since I had to go through the whole trouble of opening up a dispute before I get a mere response, and an unsatisfactory one at that. I'm not closing the case though until he gets the item and I get fully refunded. One must be careful buying things online! ;)


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    #21
    RasTa
    Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    RoadKillTs wrote: »
    Do you have a link to back this up? I never heard of this.

    No full quote in the user agreement just this which is in relation to sellers.

    13.9
    If you lose a Significantly Not as Described Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back (it may be destroyed).


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    #22
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    Hey I posted the item back today and it cost me €7, should I be entitled to be paid that back as well as the item and the P&P of the seller? ;)


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    #23
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    should I be entitled to be paid that back as well as the item and the P&P of the seller?

    Well the seller should refund the return P&P but Paypal can't make him afaik.


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    #24
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    Hey there,

    I'm back. Okay so the seller said that he'd give me a refund if I send the item back to him. I sent it back on the 11th of this month. I wasn't sure what delivery to use and he said whatever so I just used the normal, standard one by An Post. I asked him last Thursday if he's received the item yet and he said he hasn't and he then says I should have used tracking post after I asked him what post to use and all! The claim expires on 28th (this thursday) and then Paypal take action. I'm in a total muddle cos I have no clue whether he's received the item yet and is lying to me so that he can resell it and not refund me since he's totally sly! Would there be any way I could check if the item got lost in the post? I need advice! I was also told Paypal won't do anything if the tracking post wasn't used but since he told me that's it's ok to use standard, it's hardly my fault since I didn't know! Eek!

    Also, the item was a total fake so I heard from some sources that I shouldn't have returned it to him…


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    #25
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    Did you not read my posts in the thread
    If you don't hear from him by tomorrow I'd advising opening an SNAD dispute with Paypal.
    Info here.
    Cant he just open a SNAD dispute, return the item (using registered post) and paypal will refund him?


    He has conned ya twice :(
    Paypal won't touch this as you dont have a tracking number or the item he sold you.
    All you can do now is leave negative which I strongly recommend you do.


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    #26
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    RoadKillTs wrote: »
    Did you not read my posts in the thread






    He has conned ya twice :(
    Paypal won't touch this as you dont have a tracking number or the item he sold you.
    All you can do now is leave negative which I strongly recommend you do.
    I know! I wasn't thinking cos I don't really know much about returning items and stuff. Although maybe he actually hasn't yet received the item. Cos I was in fairness waiting about two weeks for the item to be delivered. Well I am gonna leave negative feedback but that won't give me my €50 back… :( What can you do if the post service loses an item though? Also, I know the item was sent by standard post but wouldn't the post company still have a record of what they received and where it was delivered. It was a bulky package so it's not like it would've fitted through his letterbox. This is truly horrific! :(:(


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    #27
    The Lovely Muffin
    Closed Accounts Posts: 6,595 ✭✭✭The Lovely Muffin


    ALWAYS use tracking/registered post in cases lke this.

    The seller told you to use standard post, so they probably wouldn't have to refund you (either by choice, or through a PP dispute), and you fell for it.

    When I send anything via a post, I use registered post. Yes, it costs more, but it's worth it (imo, anyway).

    Sending fake items through the post is illegal, however, plenty of counterfeit items are sent via An Post every day (both into and out-of Ireland, though that doesn't make it "ok") and customs most likely don't check every item, so you can hope they don't check your item. Either way, if they do, and they contact you, print off everything to do with this transaction and show it to them, they may let you off with a warning/caution, or decide to take action.

    Either way, take this whole situation (or whatever you want to call it, lol) and put it down to experience. And next time you decide to buy a designer/branded item from eBay, make sure to do your research on the seller before you bid/buy anhything.

    Good luck, and hopefully the PP dispute will go in your favour.


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    #28
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    -Orlaith- wrote: »
    ALWAYS use tracking/registered post in cases lke this.

    The seller told you to use standard post, so they probably wouldn't have to refund you (either by choice, or through a PP dispute), and you fell for it.

    When I send anything via a post, I use registered post. Yes, it costs more, but it's worth it (imo, anyway).

    Sending fake items through the post is illegal, however, plenty of counterfeit items are sent via An Post every day (both into and out-of Ireland, though that doesn't make it "ok") and customs most likely don't check every item, so you can hope they don't check your item. Either way, if they do, and they contact you, print off everything to do with this transaction and show it to them, they may let you off with a warning/caution, or decide to take action.

    Either way, take this whole situation (or whatever you want to call it, lol) and put it down to experience. And next time you decide to buy a designer/branded item from eBay, make sure to do your research on the seller before you bid/buy anhything.

    Good luck, and hopefully the PP dispute will go in your favour.
    Heya,

    Yeah the seller actually was a "Top-rated" seller with 100% feedback so you can understand how it is easy to get deceived. I know, I know. I was stupid, I'm regretting now not using registered post! Grr! Well I asked him in the dispute page what type of post will I use and he said whatever. Well, I'm gonna try to make a case for myself with Paypal. I just hope they will go in my favour. I'll definitely know in future anyway. I may contact the post offices to enquire about the package just in case it didn't get delivered or sth. He lives outside Fordingbridge in England. I'm not sure if you know much about postage but where do items from Ireland go to in England, as in centre, etc.?


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    #29
    Judgement Day
    Closed Accounts Posts: 13,549 ✭✭✭✭Judgement Day


    Bougeoir wrote: »
    Heya,

    Yeah the seller actually was a "Top-rated" seller with 100% feedback so you can understand how it is easy to get deceived. I know, I know. I was stupid, I'm regretting now not using registered post! Grr! Well I asked him in the dispute page what type of post will I use and he said whatever. Well, I'm gonna try to make a case for myself with Paypal. I just hope they will go in my favour. I'll definitely know in future anyway. I may contact the post offices to enquire about the package just in case it didn't get delivered or sth. He lives outside Fordingbridge in England. I'm not sure if you know much about postage but where do items from Ireland go to in England, as in centre, etc.?

    You haven't the slightest hope of tracing an unregistered parcel - that's what 'track and trace' is all about - it's why you pay extra. In fairness you seem to have gone about this whole thing in a disorganised way and I wouldn't rush to compound things by leaving negative feedback. Give the seller (who as you say has 100% positive feedback) a chance to come back to you. And I wouldn't worry about sending 'fake' goods back - I've never heard that it's illegal and as for the customs checking LOL. :)


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    #30
    Bougeoir
    Registered Users Posts: 170 ✭✭Bougeoir


    Judgement Day wrote: »
    You haven't the slightest hope of tracing an unregistered parcel - that's what 'track and trace' is all about - it's why you pay extra. In fairness you seem to have gone about this whole thing in a disorganised way and I wouldn't rush to compound things by leaving negative feedback. Give the seller (who as you say has 100% positive feedback) a chance to come back to you. And I wouldn't worry about sending 'fake' goods back - I've never heard that it's illegal and as for the customs checking LOL. :)
    Yeah you're right. It's really my own fault for rushing and not thinking about what the best thing to do. If the package doesn't arrive and I don't get a refund, it's really own fault and I'll know in future how to go about buying things off the web, especially eBay! Well I don't know what I should do since the Paypal dispute ends on Thursday and then they are in the seat to make a decision. The reason I did a Paypal dispute was because the seller wasn't replying to any of my messages. I'd definitely pay the extra for a tracking service in future!!!


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    #31
    RasTa
    Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    An Post can rarely track a parcel to the UK btw. It does state delivered to the UK but not specific and they don't write the postal address on the reciept.


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