EBay returns for counterfeit item UK seller

27
Found 22nd JanEdited by:"JEROME77"
Hi

I've been on a bit of a make up binge recently and purchased a fair bit. Used eBay, shpock and depop, I like a bargain!
Made sure I used good sellers with good feedback and avoided the obvious multiple listings from China. Bidded on item from seller who seems small, selling a couple of jumpers and what looked like Xmas gifts.
Now on the listing it did not state item was fake or "unbranded" so I purchased believing it to be genuine. The seller also had "strictly no refund", I assumed this was in the case of buyers remorse which most certainly is not the issue.
I received the item and almost immediately I noticed it was fake. Funnily enough I purchased another item, same brand different product which also arrived same day, that was fake too!
The seller initially argued I had changed my mind and I should sell it on. I explained that was not the case and item is counterfeit. After some heated discussion she agreed to refund as a goodwill gesture!!!! I further explained this was not goodwill but an obligation. She now wants me to return goods at my expense as she does not do returns and therefore has no label.
Do I have to pay? I'm also worried she will claim item was lost etc as she was very reluctant to take it back even offering a partial refund. Will return be tracked?
Thanks for any help in advance and excuse the poor grammar.

UPDATE

seller contacted me to ask one last time whether I am 100% the item is fake, if so just destroy it and I would be refunded. Just for her reassurance I clarified everything wrong with the item and pointed her to a few YouTube videos were she could see for herself. I was refunded via an echeque which is new to me.
My moral dilemma now is that she has requested that I not leave negative feedback. Although eventually the problem was sorted I'm not sure if I like the idea of someone buying a fake unknowingly. I shall wait for the cheque to clear before feedback is left.

Thanks to all of you of replying. Much more helpful than the eBay community forums!
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NuffinisFree12 m ago

adhkarzf, this will mean the seller looses outOP Please use paypal free …adhkarzf, this will mean the seller looses outOP Please use paypal free returns, if you are worried that they will claim they have not had the item back, please keep your proof of postage, if you send it via royal mail you can at least claim it back from them if it does get lost.


The seller deserves to lose out for selling counterfeit goods
27 Comments
use paypal return shipping refund thing. you can get shipping back to 15 quid

PS> did you raise an issue with ebay?
Raise issue with eBay (im assuming you used ebay to purchase this particular item) they will issue the refund and won't have you send back a counterfeit item (at least that was the case in the past)
mattsk12 m ago

use paypal return shipping refund thing. you can get shipping back to 15 …use paypal return shipping refund thing. you can get shipping back to 15 quidPS> did you raise an issue with ebay?


Thankyou for responding so quick! Was not expecting that.
I contacted eBay after the seller said I simply changed my mind and I should sell it on. I did respond with a lengthy email reminding her of the eBay money back guarantee. It was then she replied with " as a goodwill gesture I will accept a return seen as you are so unhappy"! I'm a genuine buyer, if I wanted counterfeit cosmetics I could easily have purchased them for less than a fiver! It is when I opened a return that she emailed saying she does not accept returns so does not have a label.
I really believe she will claim it is lost because of her sheer reluctance to take it back. No mention of reimbursing me for postage.
If I send it tracked will I be reimbursed?
paypal.com/uk/…rns


read the instructions, in essence you will be reimbursed up to15 quid
adhkarzf10 m ago

Raise issue with eBay (im assuming you used ebay to purchase this …Raise issue with eBay (im assuming you used ebay to purchase this particular item) they will issue the refund and won't have you send back a counterfeit item (at least that was the case in the past)



adhkarzf, this will mean the seller looses out

OP Please use paypal free returns, if you are worried that they will claim they have not had the item back, please keep your proof of postage, if you send it via royal mail you can at least claim it back from them if it does get lost.
Edited by: "NuffinisFree" 22nd Jan
1. Forget eScam and Payscam Ts&Cs. The item received is not as described. UK law, which is the basis of a UK retail contract (even at auction) says you only have to make the goods available for collection.

2. If you decide to send it back, only use the Paypal verified address and pay the £1 for a signature.

3. Keep evidence (photos) as to why it is a fake and print off the auction description.


Now lets do real life. WTF? You bought something on eScam and it's a FAKE? OMG. Sound the alarm!

OF COURSE IT'S FAKE. That's a large part of what eScam exists for.
NuffinisFree12 m ago

adhkarzf, this will mean the seller looses outOP Please use paypal free …adhkarzf, this will mean the seller looses outOP Please use paypal free returns, if you are worried that they will claim they have not had the item back, please keep your proof of postage, if you send it via royal mail you can at least claim it back from them if it does get lost.


The seller deserves to lose out for selling counterfeit goods
If she is a business seller she can say no refunds as much as she wants but if item is counterfeit or not as described eBay will make her pay for the return label they generate. Actually even private seller will have to refund if they lose a item not as described case.

You need to open a return request within eBay. No need to go and use PayPal or pay for a tracked service as the label eBay gives is already tracked.

Since the item is counterfeit, eBay won't make you post it back to her and you'll be refunded. Make sure you select this as the reason for the return when you open a request for a return.
Edited by: "hearts22" 22nd Jan
chocci21 m ago

The seller deserves to lose out for selling counterfeit goods


This is the reason why people don't sell on eBay anymore, it's this tendency to jump to buyers rights.
The OP states they purchased the item from a seller who looked to be selling personal items, now it could be a fake but then again it could be a sample item, a pre launch item or even a low quality item that's slipped through.

The OP is within their rights to send back the item, if they are not happy with it, I completely agree they should get a refund but why make the seller loose out when there are ways for both of them to be reasonably happy.

Send the item back to seller if you can claim postage from PayPal. This way neither one is out of pocket
NuffinisFree41 m ago

adhkarzf, this will mean the seller looses outOP Please use paypal free …adhkarzf, this will mean the seller looses outOP Please use paypal free returns, if you are worried that they will claim they have not had the item back, please keep your proof of postage, if you send it via royal mail you can at least claim it back from them if it does get lost.



you are kidding right, the seller will lose out, well don't sell knock offs then and you wouldn't loose out!
This was not a business seller. I avoided all the obvious listings and went for small sellers based in UK who had 100% feedback over 5 years and had goods other than make up for sale.
I'm sorry but I am really annoyed at the seller for suggesting I did not like the Item, I should sell it on, I should use it and get a partial refund and finally pay for returns. This suggests to me that she knew it was counterfeit and was hoping someone who didn't know the brand properly would buy it and be chuffed. She tried everything to stop me sending it back. I really don't care if she loses out, she has another item from the same brand ( different colour ) up for sale still. If these were gifts and I have made her aware they are fakes surely she should have removed that listing. She is trying to pull a fast one.
eslick43 m ago

you are kidding right, the seller will lose out, well don't sell knock …you are kidding right, the seller will lose out, well don't sell knock offs then and you wouldn't loose out!


Sorry do you know that the seller intentionally sold a fake item?
Are you 100 percent sure the seller is trying a fast one?
Can you say without reasonable doubt that the item is fake?

OP, sorry. I didn't mean to turn your question into a heated discussion. From your post I picked up that you want your money back and basically not be out of pocket if you had to return the item.
As others poster have pointed out PayPal offer free returns, you can get proof of postage from Royal mail in case things do get lost and you have to claim.
If you take this route it's a little more work but you should hopefully get your money back and the sellers has to deal with the item.

Or
Claim on eBay it's counterfeit, get your money back but this way the seller gets nothing except a bad rep. Fine if they did it deliberately but if it's a genuine seller then they loose out.

Do what you think is best OP. There's options which ever route you decide

Edit - just read your response op. Raise it up with eBay. If it's defo counterfeit items they will stop all listing
Edited by: "NuffinisFree" 22nd Jan
NuffinisFree3 m ago

Sorry do you know that the seller intentionally sold a fake item? Are you …Sorry do you know that the seller intentionally sold a fake item? Are you 100 percent sure the seller is trying a fast one?Can you say without reasonable doubt that the item is fake?OP, sorry. I didn't mean to turn your question into a heated discussion. From your post I picked up that you want your money back and basically not be out of pocket if you had to return the item.As others poster have pointed out PayPal offer free returns, you can get proof of postage from Royal mail in case things do get lost and you have to claim.If you take this route it's a little more work but you should hopefully get your money back and the sellers has to deal with the item.OrClaim on eBay it's counterfeit, get your money back but this way the seller gets nothing except a bad rep. Fine if they did it deliberately but if it's a genuine seller then they loose out.Do what you think is best OP. There's options which ever route you decide



if I was the seller and someone told me that they thought it was a fake I would be horrified, sellers here doesn't seem to care, and that's the reason buyers aren't buying from ebay as much as they used to.
NuffinisFree1 h, 26 m ago

adhkarzf, this will mean the seller looses outOP Please use paypal free …adhkarzf, this will mean the seller looses outOP Please use paypal free returns, if you are worried that they will claim they have not had the item back, please keep your proof of postage, if you send it via royal mail you can at least claim it back from them if it does get lost.


There is no need to use Paypal it is far easier for the buyer to use eBay. If eBay rule the item is fake the buyer won't have to return it. In any event, eBay ensure the seller pays for a return (if eBay need it returning) and the return is fully tracked.
NuffinisFree54 m ago

This is the reason why people don't sell on eBay anymore, it's this …This is the reason why people don't sell on eBay anymore, it's this tendency to jump to buyers rights.The OP states they purchased the item from a seller who looked to be selling personal items, now it could be a fake but then again it could be a sample item, a pre launch item or even a low quality item that's slipped through.The OP is within their rights to send back the item, if they are not happy with it, I completely agree they should get a refund but why make the seller loose out when there are ways for both of them to be reasonably happy.Send the item back to seller if you can claim postage from PayPal. This way neither one is out of pocket



I don't see why I should not go through eBay. In essence the only person who would benefit is seller. She gave no apologies and insisted that I simply did not want the item anymore. In fact she stated that as she was willing to accept a return I must not leave negative feedback, of course I Will!!! If you sell an item and are unsure of its authenticity then you should clearly state that, at least a buyer can make an informed choice. Both sellers who sold me fakes are suggesting I post at my own expense. I don't see why I should as the item is counterfeit.
If the seller was apologetic and I gauged they were genuine I may give them the benefit of the doubt, but she still has another fake up! I have purchased fakes before out of curiosity ( just to see whether it was decent) I ripped a chunk out of my lashes trying to remove it! Never ever again.
It's against Royal mails terms & conditions to post counterfeit goods, Probably the same for Couriers too so it's not possible to return fake goods. Ebay may suggest proving they're fake.
.MUFC.3 m ago

It's against Royal mails terms & conditions to post counterfeit goods, …It's against Royal mails terms & conditions to post counterfeit goods, Probably the same for Couriers too so it's not possible to return fake goods. Ebay may suggest proving they're fake.


I would have thought that. I've just spoken to eBay and they have said that seller must pay for return postage tracked and i would have to send item back.
JEROME772 m ago

I would have thought that. I've just spoken to eBay and they have said …I would have thought that. I've just spoken to eBay and they have said that seller must pay for return postage tracked and i would have to send item back.


You could tell them Royal mail won't allow you to return counterfeit goods, However might just be easier to get a return label ;).
.MUFC.7 m ago

You could tell them Royal mail won't allow you to return counterfeit …You could tell them Royal mail won't allow you to return counterfeit goods, However might just be easier to get a return label ;).


So far from my huge self indulgent make up spree I have received 3 fake items from eBay sellers. The very first tried to deny the item I received was from him! I told him I still had the envelope with postmark. Needless to say he sent a refund without another word. But this is where I am annoyed with eBay, he has multiple sets which he is still selling and my negative feedback was removed.
eslick1 h, 25 m ago

you are kidding right, the seller will lose out, well don't sell knock …you are kidding right, the seller will lose out, well don't sell knock offs then and you wouldn't loose out!



It most likely is not a knock off op can be one of the majority of ebay buyers who change there mind and think every ebayers has a deal with the post office for pennys per parcel
JEROME7754 m ago

This was not a business seller. I avoided all the obvious listings and …This was not a business seller. I avoided all the obvious listings and went for small sellers based in UK who had 100% feedback over 5 years and had goods other than make up for sale. I'm sorry but I am really annoyed at the seller for suggesting I did not like the Item, I should sell it on, I should use it and get a partial refund and finally pay for returns. This suggests to me that she knew it was counterfeit and was hoping someone who didn't know the brand properly would buy it and be chuffed. She tried everything to stop me sending it back. I really don't care if she loses out, she has another item from the same brand ( different colour ) up for sale still. If these were gifts and I have made her aware they are fakes surely she should have removed that listing. She is trying to pull a fast one.



Question,Did they say they were based in the UK but are trying to get you to send it back to China
Creatishh22nd Jan

It most likely is not a knock off op can be one of the majority of ebay …It most likely is not a knock off op can be one of the majority of ebay buyers who change there mind and think every ebayers has a deal with the post office for pennys per parcel


It most certainly is a knock off. I have purchased nearly everything on that make up line. I know what I want and if I wanted a fake item I would have purchased from the many listings available for considerably less. I appreciate that some people change their minds, I'm not one of them. The fact that I was told to sell it on or keep it and get a partial refund suggests buyer was aware it was counterfeit. No shock horror at it being a piece of tat from Malaysia, just anger that I had identified what it was.
Dannyrobbo50 m ago

Question,Did they say they were based in the UK but are trying to get you …Question,Did they say they were based in the UK but are trying to get you to send it back to China


No, I avoid those sellers! This was your average Joe selling a few unwanted items.
JEROME771 h, 7 m ago

No, I avoid those sellers! This was your average Joe selling a few …No, I avoid those sellers! This was your average Joe selling a few unwanted items.



Ah okay, I know you just get your money back automatically in these instances. Counterfeit things are probably the same Ebay take a hard stance on this
JEROME772 h, 51 m ago

It most certainly is a knock off. I have purchased nearly everything on …It most certainly is a knock off. I have purchased nearly everything on that make up line. I know what I want and if I wanted a fake item I would have purchased from the many listings available for considerably less. I appreciate that some people change their minds, I'm not one of them. The fact that I was told to sell it on or keep it and get a partial refund suggests buyer was aware it was counterfeit. No shock horror at it being a piece of tat from Malaysia, just anger that I had identified what it was.


I was not saying you way lying, your story seems legit I was just saying for many other sellers this can be the case it can be the boy who cried wolf sometimes, how can you believe anyone,

Something I like to do if something is damaged and a seller resend item I normally destroy the broken one and send a picture to the buyer just to let him know im not one of those snakes

amazon is a big part of there problem they can do great returns cause they do not pay tax and cut corners so everyone assumes a 45000 feedback Bayer is balling and has a deal with the postie
Creatishh22nd Jan

I was not saying you way lying, your story seems legit I was just saying …I was not saying you way lying, your story seems legit I was just saying for many other sellers this can be the case it can be the boy who cried wolf sometimes, how can you believe anyone, Something I like to do if something is damaged and a seller resend item I normally destroy the broken one and send a picture to the buyer just to let him know im not one of those snakesamazon is a big part of there problem they can do great returns cause they do not pay tax and cut corners so everyone assumes a 45000 feedback Bayer is balling and has a deal with the postie


I agree with you. There are people who abuse the eBay money back guarantee and there are really good sellers too.
I purchased a fair bit via shpock too and a couple of sellers seem reluctant to post ( been two weeks !) So I spoke to PayPal as I paid via goods and services. I asked them whether it would be a good idea to film opening the parcels to ensure that items are as described, I was told the onus is on the seller. Needless to say as a buyer that is relieving to hear but as a soon to be seller I'm mortified! I'd rather, to keep it fair film opening the parcels. That is exactly what I plan on doing with my next lot. No comebacks and no doubts.
there's no moral dilemma. if there's any concern, it should be for future potential customers who are going to get ripped off. leave negative feedback and help protect decent buyers against a scammer
that refund and letting you keep the item was merely a bribe to keep their little operation going. if one in 10 or one in 20 raise an issue, they're still making a killing. stop them!
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