bought fake bag, seller says "I never in my ad mentioned it was real"

dani1213

Member
Jan 17, 2011
20
0
Hi all - I unfortunately bought a fake Burberry bag on ebay - I actually posted this in the authenticate forum here. She claimed that the bag was new w/o tags and stored in a dust bag, so "no damage". I got the bag and it was in not that great quality (scuffed corners, NO BURBERRY on the zipper, and A BLACK SQUARE for the label inside, with no BURBERRY on the square, etc). Definitely a fake.

I confronted the seller about this and asked for a full refund, stating that the item was damaged, and it was a fake. She says:

"It says no refunds on the bottom. Like I said before this was a gift and had no tags. It was in a dust bag the whole time except to take the picture and mail it. I told everyone that asked the same thing as I am telling you. It was a gift and I wasn't 100% sure it was real. That is why I never said Authentic. I never in my ad mentioned real. As for the damage, I am wondering how it would get damage when I had it in a dust bag in another bag. There was no damage in the pic or anything. Can you send me a picture of this damage you say there is. I just looked at my pictures I have of it and there is nothing."

I just read an ebay policy that says "Sellers are not allowed to list items if they are unsure they are authentic" from the link here. http://pages.ebay.com/help/policies/authenticity-disclaimers.html

So... at this point, am I obligated to send her pictures showing the damage? Or can I skip the hassle of taking pictures and just escalate the claim to eBay right away, since what I'm really complaining about is the COUNTERFEIT-NESS of the bag, and how she CLEARLY violated ebay policy.

Thanks!
 

notananexpert

Member
May 8, 2011
23
0
You can file a Significantly not as described dispute, selling a fake bag is illegal and it's the seller's responsibility to know what they sold. You will end up sending it back and eating that cost, but it's better than having a fake bag.
 

dani1213

Member
Jan 17, 2011
20
0
I've already opened a SNAD - this was the correspondence that she had sent me in reply. I was wondering if I should just escalate the case now, without bothering to send her pictures of the damage (it's such a hassle to take good pictures and upload, and send!!) - Should I even bother continuing to reason with her?
 

notananexpert

Member
May 8, 2011
23
0
You can if you think they are unwilling to work with you. It's not worth getting into a email fight. You just get your money back and they can complain that eBay hates them and is mean. It's obvious she thinks it's buyer beware and her description doesn't matter.
 

thepoppet

wind sylph
Jul 25, 2010
3,217
6
Just escalate the case. She's clearly not really willing to work with you (and really, what's to work out? It's fake.) and the fact that she even admits to not knowing the authenticity in the reply message in the case guarantees you'll win.
 

dani1213

Member
Jan 17, 2011
20
0
Thanks for all of your responses - it's always nice to get a second opinion :smile:

Good news - eBay actually just removed the listing "because the copyright or trademark owner of this product reported that the item may be counterfeit." (EXACTLY!) and actually told me to get my money back by going through the Resolution Center, so I just escalated the case. I pretty much have this in the bag right now (no pun intended!)
 
Mar 3, 2010
4,098
605
I agree with everyone
escalate!
when it comes down to it, their paypal funds are frozen for the amount you paid as soon as you open the case
ebay is going to make them take the bag back, but you are going to have to pay to ship it back (down fall of ebay's buyer protection)
don't ship it without tracking and insurance, because if you can't prove it was delivered to them then they won't refund you
if the tracking number shows delivered and the seller doesn't refund you, call ebay and they will manually do the refund
and hopefully the seller will be blocked from selling any designer items
 

nc.girl

Girly Gear Head
Dec 10, 2010
7,969
3
Thanks for all of your responses - it's always nice to get a second opinion :smile:

Good news - eBay actually just removed the listing "because the copyright or trademark owner of this product reported that the item may be counterfeit." (EXACTLY!) and actually told me to get my money back by going through the Resolution Center, so I just escalated the case. I pretty much have this in the bag right now (no pun intended!)

Great news! I'm glad you'll be able to get your money back. I can't believe she had the nerve to say she never said it was authentic because she wasn't sure if it was herself. If she was unsure, she should have never listed it to begin with...I mean, does anyone really WANT a fake bag?! I think not.
 
Apr 15, 2007
64,196
12,068
Just escalate the case. She's clearly not really willing to work with you (and really, what's to work out? It's fake.) and the fact that she even admits to not knowing the authenticity in the reply message in the case guarantees you'll win.


agree here... just escalate the case.. you have an unpleasant

and unwilling seller... just do what needs to be done...there is

no reason not to.. why would you want a fake bag??? no reason

that I can think of...
 
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