What are my time limits in terms of filing a claim (for eBay and paypal)
There should be scads of info on this in the designated "eBay Forum" (on the main PF page)...
How do they make fakes with the EXACT same hardware???
Those bag counterfitters are crafty SOBs...they fake the hardware, zippers, just about everything (except, of course, true MJ quality)...
file right away.
authenticity on the bag was never mentioned or guaranteed in an auction?
It's for a Marc Jacobs bag - and it states the brand name everywhere in description?
Can you post the auction here?
I believe if the name "Marc Jacobs" is mentioned in the auction and the bag is sold under the pretense that it is a Marc Jacobs bag, then the bag violates the counterfeit rules on eBay and the seller would be liable for selling a counterfeit bag.
I would agree with the above post unless it said "like Marc Jacobs" or something similar.
If the brand name was used then you have a right to expect an authentic bag. If you think the bag is a fake then report it to ebay & most certainly ask for a refund. If you paid via Paypal file a claim with them for goods not as described that is if you request a refund from seller & they deny this.
lovekooba -- Did you already have the bag proven inauthentic in the MJ forum? There's a good link there to mypoupette.com where you can have them prove your bag is a fake and ebay will accept that as valid proof.
I wouldn't think the word "authentic" would have to be used. The designer's name alone should suffice. If it's not a Marc Jacobs bag, then the item varied substantially from the listing description (I've forgotten the exact eBay term for this).
Significantly Not As Described
And yes, I believe that if the auction says "Marc Jacobs" (not M*rc Jac*bs, but the actual name) and you get a fake bag, then the item is SNAD because it's NOT Marc Jacobs, it's a counterfeit.
if you paid with PayPal then you have 45 days from the date that you paid to file a dispute. After you file a dispute it must be esclated to a claim within 20 days in order for it not to close.
If you bought it on eBay and paid with PayPal it is automatically covered under PayPal's protection and you cannot file with eBay.
I can definitely confirm 100% that if the bag is fake and the brand was anywhere in the auction then you are entitled to a refund and can file a claim through PayPal if you paid with them..
It's illegal to sell fake bags, not just frowned upon by designers... it's also against paypal and ebays policy to sell fake merchandise (of course ... because they cant break any laws!)
ITA with everyone. If it says 'Marc Jacobs bag', it must, legally, be by Marc Jacobs.
Because everyone uses the word 'authentic' in auctions for genuine bags (or fake bags that are deliberately being sold as authentic), I suppose some sellers may think it is enough to warn people of a replica/fake by simply leaving out the word?
But they are definitely wrong.