Question - Purchased a fake item

s.rauda · #1 (**permalink**) 07-12-2011, 08:10 PM

Hey, So I purchased a item under impulse on ebay and when I received it I found out it was fake. I spoke with the seller and he has agreed to reimburse me the money minus shipping. My question is do I have to pay for shipping or is it up to the seller because they sold a counterfeit item?

Thanks in advance

***idalis*** · #2 (**permalink**) 07-12-2011, 08:17 PM

Why would you accept a refund minus shipping? You should insist on a full refund including return shipping or otherwise you will file a dispute with ebay, where you get the full payment back, plus most often get a return shipping label too. You should not be out any money because the seller chose to sell an illegal item.

s.rauda · #3 (**permalink**) 07-12-2011, 08:57 PM

Quote:

Originally Posted by idalis

Why would you accept a refund minus shipping? You should insist on a full refund including return shipping or otherwise you will file a dispute with ebay, where you get the full payment back, plus most often get a return shipping label too. You should not be out any money because the seller chose to sell an illegal item.

Thanks Pam, I just told the seller that I want a full refund including full shipping and if he doesn't say yes I will inform him I will be opening a dispute.

This is his previous message to me

Quote:

Hi,
I am sorry to hear about your situation. My supplier has assured me that the hats are 100% authentic so I have been misled as well then if the information you provided me is correct.
I can offer you a refund, however you will definitely have to ship the hat back to me. We would have to do it through paypal. So you would ship the hat back with tracking ($15), when paypal sees that it has been successfully delivered, they issue the refund, however you are not refunded the shipping price. So it is very inefficient in terms of cost and time. Are you uninterested in wearing the hat or keeping it for whatever other purpose?
Thanks

**fancy**pants** · #4 (**permalink**) 07-12-2011, 10:10 PM

The Seller is an idiot. He is basically saying that he WANTS you to open a claim (he said it was to be done through paypal). I don't think he realizes just how much that harms his ebay account.

***idalis*** · #5 (**permalink**) 07-12-2011, 10:30 PM

lol. this dude has no idea how ebay or paypal or the disputes process works. or he thinks you are an idiot.

s.rauda · #6 (**permalink**) 07-12-2011, 11:54 PM

Quote:

Originally Posted by idalis

lol. this dude has no idea how ebay or paypal or the disputes process works. or he thinks you are an idiot.

Well he is a new seller he has maybe 14 feedback and like 3 negs from a while back for selling busted headphones.

ETA: I have never made a SNAD dispute how do I go about it, Is there a thread already made about it?

this is his most recent response

Quote:

I don't have to cover the shipping cost because you want the refund. There are two possibilities right now, I refund you $15 and you keep the hat, or, we do a full refund through paypal. You have to pay for the item to be shipped back with tracking and you are not refunded your shipping price.
You received the exact hat in the picture so there is really nothing else I can do for you unfortunately. I stated that in the description that there are no refunds and you are receiving the exact hat so honestly, I can't do all that much for you other than what I offered.
I am in no way denying you a refund, just the policy has to be followed. I have also generously offered a partial refund to save us both time and you money.
Let me know what you decide.
Thanks

KarnoDal · #7 (**permalink**) 07-13-2011, 12:25 AM

Having a "no refund" policy doesn't protect you when you're selling an item that's fake or otherwise not as described. I have to hand it to him; he's working hard to muddy the issue in order to try and confuse you.

I'd file the dispute and be done with it. You're wasting your time trying to reason with him.

Hit this link to start the process: http://resolutioncenter.ebay.com/

s.rauda · #8 (**permalink**) 07-13-2011, 12:36 AM

Quote:

Originally Posted by KarnoDal

Having a "no refund" policy doesn't protect you when you're selling an item that's fake or otherwise not as described. I have to hand it to him; he's working hard to muddy the issue in order to try and confuse you.

I'd file the dispute and be done with it. You're wasting your time trying to reason with him.

Hit this link to start the process: Resolution Center - eBay

Thanks I just filed the dispute hopefully he stops being a idiot and just gets it over with

s.rauda · #9 (**permalink**) 07-13-2011, 02:37 PM

I forgot to say should I just leave it at a dispute or should I escalate to a claim and request a full refund?

lilcram · #10 (**permalink**) 07-13-2011, 07:33 PM

Yes, that.

***idalis*** · #11 (**permalink**) 07-13-2011, 07:50 PM

escalate immediately. you have already gone through it with the seller. should have reminded him it is a federal crime to sell counterfeits

s.rauda · #12 (**permalink**) 07-13-2011, 08:31 PM

Quote:

Originally Posted by idalis

escalate immediately. you have already gone through it with the seller. should have reminded him it is a federal crime to sell counterfeits

I escalated to a claim a bit ago and chose that I have tried to reason with the other party before opening the case and put that I explained to the seller how it was fake and he only offered me a partial refund and won't give me a full refund. I'm hoping that ebay/paypal tells me to destroy it. I will keep you guys updated

ETA: the dispute has now moved from Awaiting other parties response to being reviewed by paypal, but there is nothing new in the comments or case history :s i'm guessing he denied?

**fancy**pants** · #13 (**permalink**) 07-13-2011, 08:49 PM

Yup. It will probably only take a day or two at this point for them to decide. They will *most likely* tell you that you need to send it back and once it shows delivered they will automatically refund you everything you paid. Sometimes you get lucky and they will give you a return shipping label but not always.

s.rauda · #14 (**permalink**) 07-17-2011, 11:32 PM

So Paypal just told me I need to

"Obtain a document from an unbiased third-party, such as a dealer,
appraiser, or an organization that is qualified in the area of the item in
question (other than you)"

I'm not too sure if the brand will be very helpful and I'm not sure how to go about this.

I should probably mention that the brand is TISA. They collect vintage hats (recently they have also used newer hats too) and they put there logo/branding on it. I have done my research on it and I know this hat is fake. I ordered the actual hat from the company on friday and will have it on wed so It will be great to show them side by side comparison as proof.

s.rauda · #15 (**permalink**) 07-20-2011, 02:26 PM

So I got a auth check on the hat over at Solecollector.com and they said it is fake so what do I do know?

***idalis*** · #16 (**permalink**) 07-20-2011, 02:48 PM

A check is nothing. You need exactly what paypal asked you for.... a written document, on letterhead, dated, signed, and stating that the item is fake. I quit doing the letters because it is too much annoyance and paypal started refusing them for random reasons. Additionally I know nothing about this brand and would not be comfortable doing so anyway.

s.rauda · #17 (**permalink**) 07-20-2011, 02:54 PM

Quote:

Originally Posted by idalis

A check is nothing. You need exactly what paypal asked you for.... a written document, on letterhead, dated, signed, and stating that the item is fake. I quit doing the letters because it is too much annoyance and paypal started refusing them for random reasons. Additionally I know nothing about this brand and would not be comfortable doing so anyway.

So am I basically stuck with having to get one from the company?