Originally Posted by
BeenBurned 
I'd reported those three fakes from
manalof beginning on December 19. I was bummed when I saw that they'd been sold and crossed my fingers that the buyer hadn't paid yet.
What I would do is tell the seller that you want a full refund of every cent you paid and if she already shipped, as long as you get the
cleared refund, you'll agree to refuse the package and mark it return to sender. (DO NOT REFUSE if she doesn't refund first. You'll lose a case.)
If the seller doesn't give a refund, open a dispute if you're able. I'm not sure whether you can open a case yet or whether a case can be opened on removed items.
It also won't hurt to call
eBay on the phone and get it on record that the items were paid for, supposedly shipped and removed and confirmed as counterfeit.
Refer the seller,
manalof here if she denies that they're fake.
So the saga continues. The key chains came the other day and I opened them. The seller contacted me back denying that they're counterfeit claiming that she purchased 1 from Macy's, 1 from either Bloomingdale's or
Nordstrom and the 3rd was gifted to her. She has offered a full refund upon receipt of return. Unless I'm misinterpreting it, eBay doesn't require the return of counterfeit goods. I have no need or want of these items but I surely don't want to return them to the seller so that they can be sold again. I called eBay for clarification and couldn't get anyone to give me a solid answer. Instead, support went ahead and opened 3 not as described cases for me and instructed that I wait the 3 days then escalate the matter. A not as described case is all well and good if you bought a navy item and the seller sent a black item. I don't really think it should apply when you think you're purchasing authentic and end up getting counterfeit.
My questions are, if the seller refunds before I can escalate this case, will it still count against her? Am I obliged to return the items? Am I obliged to even communicate with the seller? I think this matter should be noted and seller should be held accountable for selling illegal goods.
I don't think it will count against the seller if she refunds before the case is escalated, but she already has had the listings removed by ebay, so they know she tried to list fakes. I believe that ebay will put selling limits on her for that. Once the case is escalated, you don't have to communicate with the seller. Before that, you are supposed to try to work with the seller before you escalate. I think you have already done that. Ebay isn't consistent on whether or not they make you return the items.
The fact that the seller
manalof continues to lie about the source of her fake keychains tells me she hasn't learned a gosh-darn thing from this experience. It's too bad you weren't able to leave her the 3 well-deserved negative feedbacks before the listings were removed.
The "good" thing is that with 83% feedback, her days of selling are limited if she doesn't straighten up and fly right.
As for the case counting against her if she refunds, it won't count as a "lost" dispute since it'll be resolved without ebay's intervention, however, she will still have the 3 VeRO takedowns for counterfeit items on her record (permanently!) as well as a dispute recorded for having sold those fakes, so since they're (sort-of) linked, it certainly won't help her account.
If she does agree to the refund before you escalate, if she agrees with the stipulation that you return them, you do have to return them. Generally, the refund would be for the full amount of the items plus initial shipping with return shipping at your expense, though many
good sellers will make the buyer whole (and reimburse return shipping). IMO, manalof isn't that type of seller since she's still denying that she sold fakes and where she bought them.
MANALOF, if you're reading here, the smarter thing for you to do is issue a full refund to your buyer and tell her to destroy the fakes. Why would either of you want to waste the money to return them to the seller when they can't be relisted or resold?
Zuggy, if the seller insists on a return, be sure to have tracking on the item to prove delivery.