need some ebay advice

abbyroad

consider it revealed
O.G.
Jan 26, 2006
1,286
2
Hey everyone -- I just bought a MJ black leather quilted bowler on ebay and it arrived today and is most certainly fake. I need some advice as to how to proceed. The straps are too long and the buckles are too thick. I should've seen the buckle issue from the photo on ebay and the additional photos the seller sent me, but all the photos had the handles folded back so I wouldn't have known that at all. The auction did not state 'authentic' so I asked the seller. She said she believed it was authentic but had never seen another one and had purchased this one new on ebay several months ago. The auction also definitely said 'final sale'. But now the bag is here and it's not authentic. Do I have any recourse? I did pay with PayPal, but did she cover her a** by saying that she wasn't certain it was authentic? Should I contact her first to see if she'll avoid a PayPal dispute? TIA for any advice...

--abby
 
Hey everyone -- I just bought a MJ black leather quilted bowler on ebay and it arrived today and is most certainly fake. I need some advice as to how to proceed. The straps are too long and the buckles are too thick. I should've seen the buckle issue from the photo on ebay and the additional photos the seller sent me, but all the photos had the handles folded back so I wouldn't have known that at all. The auction did not state 'authentic' so I asked the seller. She said she believed it was authentic but had never seen another one and had purchased this one new on ebay several months ago. The auction also definitely said 'final sale'. But now the bag is here and it's not authentic. Do I have any recourse? I did pay with PayPal, but did she cover her a** by saying that she wasn't certain it was authentic? Should I contact her first to see if she'll avoid a PayPal dispute? TIA for any advice...

--abby

If you paid by credit card through Paypal you should be able to resolve this without a problem. Here's what I did: first notify the seller you are returning the item (registered mail with return receipt requested to prove the seller got the item back) since it is not genuine and ask for a refund. If the seller refuses, then call your credit card company which will revolve the dispute with Paypal without your having to get involved. I did this with American Express which took care of the entire matter....all I had to do was pay for the return postage. AMEX told me I was not liable for payment and shipment of counterfeit goods. Hope this helps.
Do take photos
 
Thanks Merrydish. That was my plan -- I just have never gone through this before so I thought PF would be a good place for advice. I'm going to offer the seller good feedback if she will refund my money so that I can avoid a PayPal dispute. Luckily I used American Express, too. I've never had an ebay issue, but I've had to dispute a couple of charges over the years and they're great at it.
 
If you paid by credit card through Paypal you should be able to resolve this without a problem. Here's what I did: first notify the seller you are returning the item (registered mail with return receipt requested to prove the seller got the item back) since it is not genuine and ask for a refund. If the seller refuses, then call your credit card company which will revolve the dispute with Paypal without your having to get involved. I did this with American Express which took care of the entire matter....all I had to do was pay for the return postage. AMEX told me I was not liable for payment and shipment of counterfeit goods. Hope this helps.
Do take photos

I can only use my Visa, as American Express is not allowed on paypal for payments from Europe. Does anybody know if Visa has the same policy?

Abby, sorrrrrry for hijacking your thread, but I thought it was the same topic...
 
Thanks Merrydish. That was my plan -- I just have never gone through this before so I thought PF would be a good place for advice. I'm going to offer the seller good feedback if she will refund my money so that I can avoid a PayPal dispute. Luckily I used American Express, too. I've never had an ebay issue, but I've had to dispute a couple of charges over the years and they're great at it.
Few more tips I should have included:
1. Even it the seller agrees to a return before sending back the merchandise be sure to take photos in case you need AMEX's help eventually and they request some proof.
2. Don't get into an email battle with the seller. Some have tried to goad me to no avail. Once I had to provide copies of email exchanges to AMEX, so you want to maintain the high road, so to speak.
3. AMEX won't charge your account but will put the matter in dispute until they get it resolved. It can take a month or two but you won't be out any money....except for return postage.
 
Yes, ask the seller nicely to refund your money. If she doesn't want to do that, then file a complaint with paypal as "item not as described." Even if she can't guarantee authenticity, her listing is in violation of eBay policy and you'll win no matter what.
 
I can only use my Visa, as American Express is not allowed on paypal for payments from Europe. Does anybody know if Visa has the same policy?

Abby, sorrrrrry for hijacking your thread, but I thought it was the same topic...
American Express is the most diligent in protecting its customers and that's why I always use it. Visa has some protection, but call and ask them before buying what protection they will offer you in the event you buy merchandise from a disreputable seller .......re counterfeit merchandise or merchandise that is "not as described" in the auction. By that I mean stained, smelly, broken, etc. Last year a well-known seller sent me a genuine Hermes scarf that absolutely stank....smelled as if it has been around something that died, literally! The seller's site stated "no refunds" and she gave me a hard time on the return.....but when I described the situation to AMEX they protected me all the way. And, by the way, after all was resolved the seller emailed me and said she admired me for what I did! So, do check to see what protection your credit card company will offer you against shady sellers. Better safe than sorry....and out mucho $$$.
 
Yes, ask the seller nicely to refund your money. If she doesn't want to do that, then file a complaint with paypal as "item not as described." Even if she can't guarantee authenticity, her listing is in violation of eBay policy and you'll win no matter what.
I totally agree with this! But I have read paypal is difficult to deal with so I prefer to let my credit card company do battle. No matter which route you choose, you should be fine. Do let us know how it all turns out.....and I think it will be in your favor.
 
Oh no, now look what the seller wrote back to me when I asked for a refund:

I'm sorry. I really thought it was authentic, but I told you I wasn't one hundred percent sure before you bought the bag. I rather not bring it up with ebay or paypal. I will refund the money but I want to make sure I receive the bag first.

I can't send her the bag and then have her refund my money, can I? That's just not safe...
 
She said she believed it was authentic but had never seen another one and had purchased this one new on ebay several months ago. The auction also definitely said 'final sale'

The expert eBayologists on here have said that eBay always gives the advantage to the buyer when a conflict arises.

However, I wonder if the seller may have covered her derriere by essentially disclaiming authenticity prior to the sale, so I would go first to the credit card company, to make sure you get your money, and work on that before even getting into email exchanges with the seller, or asking eBay to arbitrate - or sending the bag back.
 
Oh no, now look what the seller wrote back to me when I asked for a refund:

I'm sorry. I really thought it was authentic, but I told you I wasn't one hundred percent sure before you bought the bag. I rather not bring it up with ebay or paypal. I will refund the money but I want to make sure I receive the bag first.

I can't send her the bag and then have her refund my money, can I? That's just not safe...
First of all, don't fret....have a cup of tea, 1 glass of wine, whatever will calm you down. Then proceed calmly....and I will tell you what I did in the exact same situation. Yes, it's scary the first time you have to return stuff back without the refund in hand....but AMEX is on your side, girlfriend.

1. I emailed the seller thanking her for her nice email and confirming I was returning the goods...plus telling her I was notifying AMEX that this would be returned;
2. Take photos from a good number of angles so you have proof....that substantiates your claim;
3. Call AMEX and tell them the story - you are returning the merchandise because it is counterfeit/faux and they will put it "in dispute". That means you will NOT be charged until AMEX rectifies the matter with Paypal, which may take over a month. If you at first get an uncooperative person at AMEX (highly unlikely), just nicely ask to "escalate"....meaning you will be transfered to a supervisor who will be savvy. They have heard it all before and are sympathetic.
4. AMEX won't tell you outright to return the merchandise, but they will suggest it's a good idea.
5. Ship back the merchandise.....but be sure you send it back "regtistered, return receipt requested & INSURED". That way the seller cannot claim the stuff was never received and both parties are protected in case the package is damaged or lost. Very important!!! Make a copy of that receipt in case AMEX requests documentation later in the "disputes" department.
6. Once you have shipped back the merchandise, nicely email the seller to adivse her.....and also call AMEX so they can update your record.
7. After all that hard work congratulate yourself! For these reasons: you are not out a ton of $$ except for return postage (be sure to be firm with AMEX you want a FULL refund as you also do not pay to ship counterfeits); you no longer have to look at that ugly faux; you have been "above board" on all transactions"; you have dealt nicely with the seller who seem to be nice at the moment; by dealing through AMEX neither one of you will have problems with paypal or ebay; yadda, yadda, yadda.
8. Time once again to de-stress: Have a cup of tea, 1 glass of wine, whatever calms you down.

I hyperventalated (sp?) badly the first time I was forced to do this and apologized to the AMEX person on the phone, but she reassured me they are fully aware of all the scams/problems on Ebay. Rest assured, my dear, we've all made mistakes and we learn from them. So far, your seller seems reasonable re the return as she does not want a problem...nor do you. I've never paid for counterfeit or damaged good, and refused to do so. Hang tough, but nicely. If you need some hand holding along the way, let me know and I will answer you privately as I do not want to tie up this great board. Just remember.....as it looks right now, you and the seller should end up being just fine.
 
you've received some excellent advice. As a seller on ebay myself, I would never refund any $ until I received the item back. Then I processed the refund so that is not unusual at all. Just take a ton of pictures, make copies of everything and you'll be fine. Good luck..
 
Just another point to add, this is totally up to you, but I agree that you wouldn't be asked to send the bag back if you paid via Amex. If you send it back she can just relist ...

The same thing happened to me. I unknowingly purchased a fake bag and in my case, the seller refused to refund me. I got my credit with Amex without sending the fake bag back to her. It is now in the hands of my 3-year-old niece. Of course, the seller never corresponded with me after she refused to refund me.