Money Back Guarantee Policy - Counterfeit Items - Just another flaw

[designers*n*more]

I found this interesting to note in regards to the MBG.

"Counterfeit items

If a buyer suspects that an item is counterfeit and there are strong indicators that this is true (for example: third-party authentication, or a statutory declaration by the buyer), we don't require the buyer to return the item to the seller. The buyer agrees to ensure the proper disposal of the item and may not sell it on eBay or elsewhere. We refund the buyer for the full cost of the item and original postage, and the seller reimburses us for the refund"

Not that I sell counterfeit items, but does this mean a buyer can simply get a Stat Dec written and signed to say they believe an item is counterfeit and "Voila" eBay will give them a full refund regardless if the item is actually genuine, the buyer only has to suspect it's not genuine. And it's not hard to get a Stat Dec signed, despite that the statement is suppose to be true!

[lyndal1838]

Whoever witnesses the Stat Dec is only signing to say that they witnessed the signature...not that the information is true and correct.  They actually don't have to see what is in the Stat Dec.

This opens a can of worms as far as fakes and counterfeits....the buyer only has to say they believe it is a fake rather than get it properly authenticated.  What happens if the seller produces their own Stat Dec to say that it is not fake?  It is back to square one with buyer or seller opinion not properly authenticated.

[phorum_junkie*]

If it is an expensive designer item then I would think a seller of a genuine item would inform the buyer that they were going to the police because what they are doing is committing fraud. It would take a brave person to ignore that threat especially as the crime would be more heinous because they swore a false stat dec.

Given the horendous number of fakes being listed and the number of times buyers have come here because they cannot get an item authenticated without spending a lot of money I am inclined to think it should be made easier for buyers however just a stat dec would appear to be a little too easy.

[nevillesdaughter]

I had an instance a while back wher a buyer opened a INAD case (with no prior contact with me) claiming an item was fake. She claimed to be very familiar with this brand and said she could spot a fake a mile off "by looking at the tags". All the tags were photographed in the listing so I'm not sure what she meant - I did ask, but she couldn't, or wouldn't, elaborate. The next day she sent me another email saying "and your measurements were out by 2 - 4cms" too. Might have been a case of buyer's remorse and she was just determined to get a refund any way she could.

I've never known this particular brand to be faked before, but immediately refunded her, apologised and sent her an addressed pre-paid sachel to return the item. She was more than happy and left positive feedback, although I am, of course, wearing the defect.

I trawled the Net to find clues on spotting fakes of this brand and found a statement on the company's website stating that neither they,  nor any of their employess or representatives would verify (or otherwise) garments appearing to carry their branding.

I phoned eBay, asked for a supervisor, and sought advice on how a seller is supposed to deal with this. They could give me no advice at all (and certainly were not prepared to remove the defect!) despite my providing the link to the site stating that they would not authenticate garments.

Needless to say, as a seller of used garments, this has left me rather gun-shy about this brand which is produced world-wide for in varying syles/sizing for different markets. Being unable to get clear/consistent guidelines or rulings from eBay puts us at the mercy of, at worst, scamming buyers, and at best, those who really don't know what they're talking about!

Rant over,

Marina.                   

[designers*n*more]

That's my point exactly Lyndal. A buyer only needs to say they think it's fake and I guess if the seller also gets a stat dec signed, you know eBay will find in favour of the seller unless of course the seller has kept the receipt which is unlikely if it is already second hand. 

Which also brings me to me to the point that items don't even have to be "top end" designer items like Gucci, Louis, but even the less expensive designer labels.