Hi,

I don't think this has been asked before I had a quick look.

I bought an item off ebay and have just received it, its a piece of jewellery and having received it, its a blatant fake. The auction stated '100% auth' in the title, and then later stated: 'I guarantee that you will get exactly the same as the one in the picture.', but the picture is one that has been copied off the real jewellers' site (and the item received obviously isn't exactly the same!). It also stated that it would come in an original box etc. (The box is the most obviously faked item of the lot, its terrible!).

SO, I'm in a bit of a dilemma. Should I e-mail the seller and tell him, or just initiate a claim through paypal? I know its not good practice to go behind the back of the seller, but I don't really see the point in e-mailing them because they will obviously be aware that they were selling counterfeit goods.

Any ideas? Ta!

I would e-mail the seller first and give them chance to respond. Rather than expressing the fact you think it's a fake (yet), just tell them you are not happy with the item that you have received and you would like a refund.

Failing the response you want - then go straight to Paypal (if you paid with paypal) and they should get you a refund. However, don't give the seller too long to respond - a couple of days or so. Also - send your correspondence through Ebay and keep copies, at least then it can be traced.

Let us know how you get on!

Don't think ebay/paypal will take up your complaint until you've at least tried to resolve direct with the seller. It sounds like it will be fruitless, but a necessary step of the dispute procedure.

Just a word of advice (having been there myself), Paypal do not recognise complaints that are 'goods not as described' (as a rule).

They take action against the seller if the goods haven't been recieved. So before you contact Paypal, think about this.

Did you have to sign for the goods? If not, then I'd go down the none reciept route for you to stand a better chance of getting your money back.

All the best.

It was sent special delivery so they know I have received it. Paypal states that they accept claims:

'If you paid for an item and never received it or received an item that was significantly not as described'

So is this not correct, it doesn't actually apply to those significantly not as described?

The auction did state that it had paypal buyer protection.

If paypal state this then go for it straight away with Paypal.
If you contact the seller they could empty their account before you make the claim and then you'll find it even harder to get your money back.

This way they should put a hold on the funds until the dispute has been resolved.

if you have a dispute with a seller ebay's policy means you have to wait before you can usually take any action thru them. they will recommend you make contact directly,thay should also give you the address & telephone number of the seller if they are genuine.
it may also be beneficial to release some tension & check the sellers other items,if they are selling the same thing again with the same piccie report them as fraudulent or copied goods to ebay , they usually shut the sale & suspend the account if justified.
complain to ebay first they offer all the "insurances" not paypal,paypal don't care as they are just a cash routing network.

I think your best first contacting the seller and asking for a refund. Don't be nasty about it, just tell them that you are not happy with the quaility as it's not as described and you would like to return it. They may well be quite happy to do that. Was it much much cheaper than an original would have been? If so then it may be the case that most people who buy them are aware they are not going to be real and the advert is designed so Ebay don't pull it. If they sell 10 and only get one complaint then it's in their interest to refund rather than get bad feedback.

Thanks for all the advice everyone :)

It was a lot cheaper than an original but it wasn't cheap compared to the price something similar but unbranded would be. To be honest I had a feeling it might be fake but wasn't certain because it wasn't dirt cheap, and the seller had 100% feedback with no-one else reporting counterfeit goods. The item itself is passable its the packaging that is absolutely terrible, which I suppose doesn't matter so much.

I'm considering just leaving it now rather than risk starting any kind of dispute that may result in me getting any negative feedback.

edit: P.S. Is it now dishonest of me to not mention it in their feedback, I don't like to think I'd be misleading other people into thinking its original stuff he's selling

it is against ebay rules to sell fake stuff.leave feedback but report him/her to ebay they won't know it was you honest.

Originally posted by DaBouncer
Just a word of advice (having been there myself), Paypal do not recognise complaints that are 'goods not as described' (as a rule).

It all depends. I sold a fully working laptop with DOS and Win 3.11 on it. The buyer messed about and corrupted Windows because he didn't know what he was doing.

I offered to reinstall it for him on the condition he paid for returning it back to me, but he refused because he thinks I should pay, and contacted Paypal, claiming 'goods not as described'.

Paypal have taken back the payment until the matter is resolved.

contact paypal straight away, otherwise he may have emptied the account and you'll be left out of pocket.

it's also possible that the ebay account has been hijacked, is this the normal sort of item that the account has been selling?

Originally posted by Cyclone
contact paypal straight away, otherwise he may have emptied the account and you'll be left out of pocket.

it's also possible that the ebay account has been hijacked, is this the normal sort of item that the account has been selling?

From his previous feedback, he is a specialist in jewellery so I don't think his account has been hijacked.

As I said earlier, I think I'm going to keep it as it is, leave him normal feedback, but report him to Ebay as selling counterfeit goods. I don't want to risk getting any negative feedback from him by starting a Paypal dispute.

I'm just a bit miffed that he used the words '100% Authentic' when the item is blatantly not.

The advice is all much appreciated :thumbsup:

Ask for your money back! If he gives it you can leave good feedback saying you did not like the item and he refunded it. If he does not refund you then you can leave negative feedback saying it's fake and poor quailty and he won't refund and you have reported him to Ebay. People like the chance to buy fake goods on the cheap and if most people are happy then I think it's a shame to shut him down with out giving him the chance to resolve the situation.

What's the sellers name - just out of curiosity - would be interested to see other stuff that he is selling

Originally posted by Knoxville
What's the sellers name - just out of curiosity - would be interested to see other stuff that he is selling

I've PM'd you - don't want to be seen to be promoting counterfeit goods!

I bought some canvas art work off ebay last year (not cheap either).

When the painting arrived it had a paint splash across it not at all in with the design. It was obvious to me the art work had been accidently marked in the studio and sold on ebay as a second rate painting.

The sellers offered a refund less postage/ebay fees which I refused as I would still be out of pocket and opened a dispute with paypal.

Despite sending them pictures of the offending splashes which were not visable on the listing they closed the dispute in the sellers favour and I got nothing - the seller then posted me neg feedback even though I paid on the same day just because I'd neg'd him!!

Now I only spend what I am prepared to lose ie., I'd never buy anything over £50 on there ever!!

The marks cannot be seen from a distance but in view of the 'bad memories' have never wanted to display it in the house so is packed away.

Does anyone know anywhere that buys art in Sheffield as might get something for it...even if it's just a few quid???

I am sure someone would be able to sell it on.

whats it a picture of? It might look good in the bathroom
:)

it is quite large about 30in by 24 in - don't think it would suit a bathroom - ideal for hall, living room or bedroom but as it is quite a large painting would suggest a large room or wall would be best!

I have no luck with ebay. I had completely forgotten until I checked on there today who I had to leave feedback for, that three weeks ago I returned a defective laser pen to a seller as she agreed to replace it, but I haven't been sent another one. Tsk.