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Old Jul 6th, 2008, 09:43 PM   #1
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Exclamation Urgent help!Bought fake what to do?

Hi, I need some help for my friend here. Since she doesn't have a FP account, so I am posting this for her!

She bought this LV on eBay and received it but found out to be a fake one.

She contacted the seller wanting a refund. But the seller is saying he doesn't do refund and he didn't say it AUTHENTIC in any of the words.

But my friend assumed it should be authentic since eBay has been fined so much, so things should all be authentic now.

I told her about even my Authentic LV bags were pulled off...

She paid through paypal, it has passed like a week now.

And she was not the winning bidder of the bag on eBay, the bag ended and she asked the seller if he sold it or not. And the seller said the winning bidder didn't make contact so he still have the bag.

That's how it all happened. Would paypal do anything if the seller didn't list it as authentic?

He said it's a gift from friend. And since he didn't buy it himself, he can't guarantee its authenticity and my friend didn't really ask before buying.

What should my friend do now?
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Old Jul 6th, 2008, 10:52 PM   #2
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if she's not the winning bidder, you mean she just bought it directly from the seller, not through eBay? if so, then i don't think there is much she can do, other than contact her credit card company for a chargeback.

hope she gets her money back.

allison
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Old Jul 6th, 2008, 11:05 PM   #3
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But she paid by paypal?

Can she open a dispute with the seller? And win the case?

Thank you
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Old Jul 6th, 2008, 11:14 PM   #4
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Even if she didn't do it through eBay and just through paypal, I think she can file a SNAD and perhaps get her money back.

Do you have the original listing of the bag?

Good luck!
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Old Jul 6th, 2008, 11:20 PM   #5
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yes, i am pretty sure she can file with paypal. i would recommend she do that right away.

allison
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Old Jul 6th, 2008, 11:29 PM   #6
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Ok, any chance of knowing how likely she is going to win the case if the seller is not going to refund her?

Since the seller didn't say anything about authenticity and it's a gift from his/her friend?
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Old Jul 7th, 2008, 12:46 AM   #7
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Selling counterfeit items is illegal, so all items on eBay have to be authentic. Not that they ARE, but they "have" to be.
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Old Jul 7th, 2008, 11:01 AM   #8
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But the seller claims it's a gift from friend...
It's a fake but seller doesn't aware of that?
my friend opened a dispute, the seller stands by it...
What will the likely outcome be?
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Old Jul 7th, 2008, 11:08 AM   #9
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We cannot tell you how "likely" it will be. We are stating if your friend can PROVE the item is fake, whether it was purchased on or off eBay she can still file a claim with PayPal.

Hopefully she paid with a CC on Paypal and then she can do chargeback rights.

She needs to get CarolDiva to authenticate the item but FILE WITH PAYPAL ASAP. Then if s he paid with CC she can follow-up with that if Paypal is denied.

Unfortunately if the item is purchased OFF eBay but paid for with PAYPAL then they only cover someone for delivery (the seller could send an empty box and still be covered if the item is confirmed as delivered to the address given in Paypal) and NOT SNAD.

***Whether or not he said "authentic" DOES NOT MATTER. In fact, make sure she saves all those emails to send them to Paypal with pics and an authentification letter from CarolDIva.
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Last edited by coachfreak; Jul 7th, 2008 at 11:10 AM. Reason: ***
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Old Jul 7th, 2008, 12:20 PM   #10
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Quote:
Originally Posted by ellelee2010 View Post
But the seller claims it's a gift from friend...
It's a fake but seller doesn't aware of that?

It doesn't matter whether he's aware, or not (or claiming to be aware, or not), selling fakes is illegal and ignorance is no defence in the eyes of the law.

As long as your friend gets a letter from the brand, or from someone like Carol Diva, stating the bag is fake, Paypal should find in her favour.
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Old Jul 7th, 2008, 02:44 PM   #11
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I need the sellers name of this bag or the item number, do you have either?
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Old Jul 7th, 2008, 03:24 PM   #12
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If bought via eBay, she might have a chance. If she bought outside of ebay, she has little to no chance, being that the only thing PP covers via this kind of transaction is whether or not an item was delivered.
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Old Jul 7th, 2008, 03:35 PM   #13
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good luck to her-hope she does get a refund if she opens a dispute. eBay pretty much screwed me over when i bought a fake and they didn't help me at all. bastards!
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Old Jul 7th, 2008, 03:53 PM   #14
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^ Oh dear, sorry to hear about that.

What exactly happened, Delish?
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Old Jul 7th, 2008, 04:58 PM   #15
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Yea...I guess if you want full protection, you need to bid on eBay...and use paypal and use credit card...

My friend used paypal but not eBay...

I used eBay...but not paypal...god....

WHy this has to be so complicated???!!!

But thanks everyone!
My friend told me she already filed on paypal and the seller doesn't do refund and actually encourage my friend to escalate to a claim and let paypal decide!

And if it turns out really be a fake (I guess she really believed in her friend who gave this as a gift) she wouldn't want it either and do a refund.

Is going to the police any good? Will the police do anything since it's illegal to sell fake items?
Or they will leave it to paypal?

Oh, and thx for everyone's help!!!!!!! Really appreciate you all!!!

loveeeeeeeee
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