again a fake - what is wrong with me? should I file

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lara0112

lara0112

MEMBER
O.G.
Dec 11, 2006
7,665
1,652
#1
a paypal dispute/claim? it is my fault for buying obviously, although the seller claimed it was a brand wallet - it went for $45 incl shipping, so I am just thinking that getting it authenticated etc will cost me more than the money I might get back.

the thing is that now when I asked her she said she wasn't sure of authenticity as she got it also from ebay, and that she thought it was authentic - thinking is not good enough IMO but since she is fairly new it might be a genuine mistake. also there is a spot on the wallet and that was not described - so I am just thinking now...

anyways, should I just chalk it up? would you leave a neg or give her the benefit of the doubt?

again, I can't say i am done with ebay but I should stop being so naive .... :rolleyes:
 
#2
Have you asked her for your money back? Say that you are not happy with the authenticity and the fact that there's a mark which wasn't mentioned
 
#3
i have said that but so far only stated that usually I would file with paypal/leave a negative. she hasn't gotten back to me on that. when I questioned her about authenticity, she actually said that she thought it was authentic but not really sure as she bought it herself off ebay....

like I said, she is fairly new, so I thought to give her the benefit of doubt but somehow it just bothers me... I will see what she says in her next email.
 
#5
I agree with RudeGal, email her and tell her that you would like to return it and get a refund. A Paypal dispute would probably be the best way to do this though as you don't want to return the bag before you get a refund and if she is new she may not want to give a refund before you have returned the bag. At least with Paypal, it is in their hands and as long as you provide them with tracking number you know you will get your refund.
 
#6
I'd begin a Payapal dispute IMMEDIATELY since you only have a limited time to do that. If you're going to file, don't send it back until Paypal tells you to.

A listing doesn't have to say "authentic" for a buyer to have a valid reason to return a fake. Ebay REQUIRES that all items be authentic and that the seller must verify authenticity before listing.

And why didn't you ask the people here to authenticate the item before you bid?
 
#7
I would start with asking for a refund, then do a dispute if she refuses. Whether she is new or not, or "thought" that it was authentic, it is her listing...her responsibility!
 
#8
thanks for your responses. I didn't get it authenticated bec when I found the listing it was about to finish - of course it looked similar enough to what i had seen in IRL, and only when you actually held it in your hand could you see the difference in material... anyway, as always the same story. in retrospective of course kicking myself...
 
#9
I think we've all jumped in at on time or another and put in one of those last-minute bids and then spent a week wondering if we'd won a piece of junk. :smile: Sometimes it's better just to pass on the auction - on Ebay, you know the same thing's going to show up again eventually.

But start the Paypal dispute process and be sure to follow the instructions exactly, and be careful that you stay within Paypal's time limits. Also, DON'T leave feedback until you have your refund even if the seller tries to force you to leave a Positive before she sends a refund, a lot of sellers will try that. That's another reason to get Paypal involved.

When you get your refund, mention that the item wasn't genuine so that other buyers will be warned, but if the seller refunded your money willingly, mention that. If she decided to be a you-know-what about it, mention that too. Never be afraid to give a seller a Negative if she really deserves it even if you get a Negative back.
 
#11
.. just wondering, was the item completely misrepresented on the auction? based on your comments, it seems the seller is genuinely clueless about the authenticity. did she advertise the item as tho it was in fact authentic?
 
#12
well, she said it was of the brand, so that means - it is authentic, kwim? it doesnt have to state authentic per se. like I said, I honestly give the seller the benefit of the doubt but the fact is that I am sitting here on a fake wallet, somewhat disappointed....

misrepresentation is when you state it to be a brand item and in fact aren't sure, or it isn't.
 
#13
ITA! :yes:

Given the fact that the selling of replicas is illegal a buyer acts in good faith when the seller calls his item Vuitton/Chanel/whatever without stating precisely that it is authentic.

There is no possibility to rule out authenticity by simply not stating that it is authentic, kwim. Using the brand name is enough.

PS: Sorry to hear about another fake incident btw :sad: I'd first email the seller asking for a refund, giving her 2 days to reply and work something out, but then would take it to PP. Good luck with the claim! What did you get, btw? :graucho:
 
#14
^ thanks. Celine wallet - got a thing for Celine but this was just a useless exercise (another one btw, seems I need to make mistakes twice to figure it out).

anyway, it wasn't real expensive so just annoying, cause I obviously don't have money to give away.

will see what she says about the refund....
 
#15
I'd file personally, as far as I am concerned (and the law is concerned for that matter) if you are reselling ANY item that has a label on it it is the sellers responsibility to verify that the item is authentic prior to offering it up for sale. Good luck, please let us know how you go :smile:
 
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