I bought an item of jewellery that was listed as genuine, turns out it is not genuine.

[girlfriday67]

I have contacted the seller today (when I received it) to advise that I will be returning the item to her for a refund.  Problem is she says she can't refund me as she doesn't have the money now.  Also, the listing was auction only, but I said I wanted to 'buy it now'.  The seller said she could not change the ad to include 'buy it now' so to just make the payment directly to her PP acc. via her mobile number, which i did.  We were still communicating through the eBay message service though.  Does this mean I won't be covered under the Buyer Protection?  And if I am, what happens if she doesn't have the money?

- Worried

[modestbods]

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@girlfriday67 wrote:

Happy to say this has now been resolved, thanks to PP: full refund received.  I didn't need a 3rd party valuation to verify my claim that the Tiffany bracelet was not genuine, I simply listed my reasons clearly in dot-point form on the PP claim form.  They found in my favour.  It has taken about 2 weeks in all, but so relieved to have my money back.  They have not ordered me to return the item to the seller, but I am going to post it back to her anyway, I don't feel right in keeping it.  

Thanks for all the help guys, and I hope this helps someone else who has been caught like me 😉

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OP, you might want to reconsider sending it back, given it's against Aus Posts terms & conditions to do so...

see here >> http://community.ebay.com.au/t5/Selling/Postage-of-fakes/m-p/1606539#M80945

[cq_tech]

I applaud your honesty for wanting to send it back but like everybody else I advise you not to, for the reasons already given. I you feel bad about keeping it, why not smash it up with a hammer then email a photo of the destroyed bracelet to both the seller and Paypal, and that way everybody will be happy (your dodgy seller excluded, of course). 😉

[modestbods]

Not to mention, if you do send it back what do you suppose the seller is going to do with it?

 Do you really want to provide them with the opportunity to dupe yet another unsuspecting victim with the exact same item?

People selling fakes are playing a game of dice (even those doing so inadvertently if they haven't bothered to ascertain an items authenticity), sometimes they come up **bleep**s, that's their cost of doing business.

[lyndal1838]

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@girlfriday67 wrote:
PP have resolved my claim and I didn't need a 3rd party valuation, I just listed my reasons in dot-point form on the claim form and they could see clearly my reasons for doubting it's genuiness. It was a Tiffany bracelet, so the markings are very obvious. I should have been MORE careful though! Cheers

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When you opened the dispute in paypal and listed your reasons for believing the bracelet was a fake, did you escalate to a claim immediately?

If the dispute was not escalated then it was the seller who refunded you, not paypal.