Please Help With Opinions for $20K+ Bags...thank you!

J

Jacob111

Member
Feb 18, 2011
51
0
#1
I recently sold 200+ items because I'll be closing my store for vacation and to take care of ailing mother. A buyer who owns a consignment store from a different state purchased it. The terms of sale says no returns or exchanges and for pick up only, also the terms says they will pick up and sign that everything is "as is" sale. The buyer's agents went and examined each item and packed and loaded them in their vehicle, and I guess they shipped it to the owner...then last night the buyer opened a case saying they're all fake.

I know ebay will probably side with the buyer when they said it's "fake," but i had each item listed one by one and anyone can review it on my ended list and see that they are all authentic. This pains me because she is obviously lying and I'm worried I'll lost both the money and the bags. What if ebay orders her to destroy them. Or even if ebay orders a returns, it's 200+ items and I feel that I can't trust this buyer that she'll return all of the items.

I'm for sure taking legal action if I lost both the money and the bags.

Please help with your opinions and suggestions, thank you so much in advance.
 
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#2
Jacob111 said:
I recently sold 200+ items because I'll be closing my store for vacation and to take care of ailing mother. A buyer who owns a consignment store from a different state purchased it. The terms of sale says no returns or exchanges and for pick up only, also the terms says they will pick up and sign that everything is "as is" sale. The buyer's agents went and examined each item and packed and loaded them in their vehicles, and I guess they shipped it to the owner...then last night buyer opened a case saying they're all fake.

I know ebay will probably side with the buyer when they said it's "fake," but i had each item listed one by one and anyone can review it on my ended list and see that they are all authentic. This pains me because she is obviously lying and I'm worried I'll lost both the money and the bags. What if ebay orders her to destroy them. Or even if ebay orders a returns, it's 200+ items and I feel that I can't trust this buyer that she'll return all of the items.

I'm for sure taking legal action if I lost both the money and the bags.

Please help with your opinions and suggestions, thank you so much in advance.
Click to expand...

Firstly, how did they pay?
 
#7
Hi, she filed through Ebay's. I'm so sick to my stomach and very upset. Please, if anyone had the same experience I would appreciate your help.

What should I do, do I authenticate each piece for the 200+ items?

I spoke to ebay representative and he said that if the issue is "authenticity" generally they'll say to "return it." This really upsets me because someone can just claim fake and automatically ebay will mandate a return when the bags I sold her are all authentic.

She had her representative examined each item before we packed it and she signed that everything is as described.
 
#8
If it is an eBay case then she will need to return all the items to you before she is refunded

So the worst case scenario is she sends everything back and you refund her. You will then have to sell them again.
 
#11
Jacob111 said:
And it's weird that she says she wants all her money refunded instead of saying she wants to return for a refund.
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I would be on the phone with eBay about this, and I hate to sound negative, but I want to prepare you for the possibility that eBay will rule in her favor and not make her return anything due to the fact that you voided your seller protection when you let her pick the items up:

"Items Not Covered
Items that don't match your description, intangible items like services or digital goods, items that violate our or eBay's policies, and items you sell or deliver in person. All are not covered."

You should be prepared to file a civil suit to get your money back.
 
#12
The buyer can also claim under Paypal that she never received the items unfortunately and paypal could easily rule in her favor I believe. Doesn't matter if someone else picked it up and signed for it. Under paypal's rules you need confirmation that the buyer (not an agent, not a friend or third party) received the bags.

If someone else picked these up and signed for these - who was not the buyer, and she claims she never received it, you're going to be very hard-pressed to prove via paypal's rules that the buyer received all these bags.

So she can do an INR - you can't prove she received them at all - because you allowed a third party - someone else, not the buyer and not the person who paid via paypal, to take custody of the bags. While you "might" be successful in a civil suit (and that might be hard for the same reason - she could say she never agreed for them to be released to someone else - and that she never received them) - I don't think you'd be successful with Paypal. Paypal is VERY strict on this. If she denies receipt, (which would be utterly evil and horrible), you would have to prove to paypal that the buyer, not anyone else, received the item, with signature confirmation - and prove that she received it at her confirmed address. In person sales - especially to a third party, where you have no signature from the actual buyer or someone at her paypal confirmed address - can be really sticky.

I'm pretty sure you literally have to prove that the buyer received the items (and I don't think ebay allows for pick up in person) - to prove delivery. So it may not even matter if she says they are fake - she can claim INR and she could possibly win if she did. Thank goodness she is admitting receipt. I think you could have lost the bags and your money if she had gone the route of an INR.

Lots of scammers have pulled this very same stunt (having someone pick up something in person, then the seller can't prove receipt).
 
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#14
charleston-mom said:
The buyer can also claim under Paypal that she never received the items unfortunately and paypal will rule in her favor I believe. Doesn't matter if someone else picked it up and signed for it. Under paypal's rules you need signature confirmation, viewable through the post office on-line site. Period. If someone else signed for this - who was not the buyer, and she claims she never received it, you're going to be very hard-pressed to prove via paypal's rules that the buyer received all these bags. So she can do an INR - you can't prove she received them at all - because you allowed a third party - someone else, not the buyer and not the person who paid via paypal, to take custody of the bags.

I'm pretty sure you literally have to prove that the buyer received the items (and I don't think ebay allows for pick up in person) - to prove delivery. So it may not even matter if she says they are fake - she can claim INR and she would win I think if she did.
Click to expand...

You can't change a SNAD to an INR, so seller is safe from this

You can change an INR to a SNAD though
 
#15
IrisCole said:
I would be on the phone with eBay about this, and I hate to sound negative, but I want to prepare you for the possibility that eBay will rule in her favor and not make her return anything due to the fact that you voided your seller protection when you let her pick the items up:

"Items Not Covered
Items that don't match your description, intangible items like services or digital goods, items that violate our or eBay's policies, and items you sell or deliver in person. All are not covered."

You should be prepared to file a civil suit to get your money back.
Click to expand...

I was thinking about it but other way round. I was sure if she picked up all items she isn't covered by buyer protection and how come she was able to open an case?

OP- are you able just pick all your items up from her?
 
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