eBay

musiclover70s · ‎03-09-2015

I have sold a dress (new without tags) which the buyer claims is fake because (1) it doesn't "feel" like other items from this brand that she has previously owned , (2) it isn't lined and (3) she says the tag has been "sewn in". She is claiming that I am using "false advertising".

Firstly my listing clearly stated that the dress was unlined. Secondly, the dress is 100% genuine, it was my sister's and she never wore it.

I currently have another 9 items (from this brand) all new with tags and purchased from David Jones. Three of these items are unlined. I always take photos of the tags and include these in my listings and did this with the dress the buyer purchased. I have emailed her back to tell her that the dress is genuine and included photos again of the tags from her dress and ones from other items I currently have for sale. The labels are the same and stitched the same way. I told her I would email eBay and get back to her.

I received a reply from eBay which basically said I could ring the buyer and try to work things out.

Has anyone else had a similar experience and how was it handled?

Thanks in advance for any replies.

everard6920 · ‎03-09-2015

@musiclover70s wrote:
I have sold a dress (new without tags) which the buyer claims is fake because (1) it doesn't "feel" like other items from this brand that she has previously owned , (2) it isn't lined and (3) she says the tag has been "sewn in". She is claiming that I am using "false advertising".

Firstly my listing clearly stated that the dress was unlined. Secondly, the dress is 100% genuine, it was my sister's and she never wore it.

I currently have another 9 items (from this brand) all new with tags and purchased from David Jones. Three of these items are unlined. I always take photos of the tags and include these in my listings and did this with the dress the buyer purchased. I have emailed her back to tell her that the dress is genuine and included photos again of the tags from her dress and ones from other items I currently have for sale. The labels are the same and stitched the same way. I told her I would email eBay and get back to her.

I received a reply from eBay which basically said I could ring the buyer and try to work things out.

Has anyone else had a similar experience and how was it handled?

Thanks in advance for any replies.

It really depends on whether or not you want to accept the return.

You could message her and request that she return it, but tell her that she will have to pay return postage as the item is as described and genuine.

If you don't want to accept the return, then be prepared that she may open an "item not as described" case with eBay (which you may win, given that you have photos of the tags, etc . . . but I've heard that eBay rarely finds in the seller's favour in these cases).

digupatin · ‎03-09-2015

Unfortunately you won't win unless you have recognised paperwork stating that the dress is genuine.

Buyer puts in an item not as described claim and you'll end up not only refunding their money but having to pay return postage, and also getting a strike.

Just offer buyer a refund, they may return item but are not obliged to, but you may not get a strike recorded against your name.

lyndal1838 · ‎03-09-2015

@digupatin wrote:
Just offer buyer a refund, they may return item but are not obliged to, but you may not get a strike recorded against your name.

The buyer does have to return the item if requested to by the seller. It is only ebay's stupid idea that the buyer gets the money and the item.

phorum_junkie* · ‎03-09-2015

Unfortunately you cannot prove it is not a fake, having other items from the same range will not cut it. If you don't have a receipt from the original purchase or a letter of authenticity from a recognised source ebay are quite likely to find against you. In the past for Paypal the buyer had to prove the item was not genuine, ebay are more concerned with a 'happy buyer' concept.

You have several options. You can call ebay and state the item is 100% genuine and you are prepared to send a stat dec to that effect.

You can email the buyer and reiterate that the item is genuine and if they insist it is not you will take them to the small claims court to recover your funds should ebay find against you (an empty threat but it may work)

You can just tell them to return it and you will refund them, if they refuse and want you to pay the return postage then you will just have to tell them to open a dispute, if you are lucky they will ope a Paypal dispute which at least means they will have to pay for the return, if they use the ebay process then you are back to either allowing ebay to rule and/or calling them and fighting your case.

____________________________________________________
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musiclover70s · ‎03-09-2015

Thank you to those who have replied to my question

I have taken all replies on board and have decided to ring eBay and talk to a representative rather than sending emails back and forth.

The way it's looking, no matter what I decide to do, the buyer is probably going to leave negative feedback. If I agree to refund the payment, the buyer will probably see that as an admission that the dress is fake and give negative feedback to that affect .If I refuse a refund she will give me negative feedback. This person only has 3 feedback and is selling a few items herself yet she seems to know quite a bit about how eBay works. Maybe she has more that one account and does this on a regular basis. Who knows?

To be accused of selling a fake item when you know that it's not is very hard to swallow. I have worked hard to build my reputation as an honest and reliable seller and consistently obtaining 100% positive feedback doesn't happen by accident or good luck.

I will try and contact someone at eBay now.

Thanks once again for taking the time to reply 🙂

designers*n*more · ‎04-09-2015

You could ask the buyer to return the item via Paypal's dispute process, but ask them to activate the Paypal postage refund offer which comes up when you open the Paypal website, this way the you don't have to refund return postage. As long as the buyer selects this before they lodge a dispute (I think that's how it works), all they need to do then, is fill out the details page, take a screen shot of the receipt AND a photo of the parcel with the return address as shown in the PayPal dispute and they will get the postage cost refunded.

https://www.paypal.com/au/webapps/mpp/home