topic Re: Fake Counterfeit Item in Buying

Fake Counterfeit Item

2223-au — Fri, 14 Dec 2018 08:47:42 GMT

I bought an item from China

Item came and it was a copy counterfeit cheaply made (adidas Tracksuit)..not to mention it was totally wrong size that i had ordered...This was confirmed by a shop that i went to have it inspected even though it was obvious.

I message the seller, They said that they are sorry and i can post it back..or they will give me some compensation for the mistake they made...This to me is an admission of guilt.

I cannot post this item as was Fake Fraudulent copy and doing so was against the LAW.

Had Ebay intervene in this transaction and after a few days ebay informed me the outcome was against me ..i can keep it or post it back

Told ebay it was against the Law to post back and they said basically too bad

Ebay are supporting fradulent sellers and also forcing customers to break the Law

Re: Fake Counterfeit Item

kopenhagen5 — Fri, 14 Dec 2018 09:12:30 GMT

Open a case in PayPal.

You can open two cases, one in eBay and one in PayPal providing you try eBay first.

Once a case is closed in PayPal you cannot open in eBay.

So if you can get written confirmation from the sports store, open one in PayPal and they don't allow counterfeit items to be sent but you will need to fax the proof it is fake.

Re: Fake Counterfeit Item

jellybirddesigns — Fri, 14 Dec 2018 09:12:40 GMT

Don't.

Buy.

Junk.

From.

China.

Did you seriously think you were going to get a genuine item?

Rather, support our shops here in Australia who sell the genuine product and who could do with our patronage, even if it costs a bit more.

Re: Fake Counterfeit Item

countessalmirena — Fri, 14 Dec 2018 09:31:56 GMT

Did you provide eBay with the evidence that they requested in the Resolution Centre?

You need to follow the exact procedure outlined by eBay, because their complaints process is bot-driven. You should have clearly stated that it was a counterfeit item, and provided the evidence to that effect.

I also suspect you muddied the waters by bringing in the wrong size issue. The fact that you say this was a counterfeit tracksuit is the main issue. Don't sidetrack; when opening a dispute or claim for a counterfeit item, it doesn't matter what size it was or colour it was or whether it glittered or danced or sang. What matters is... it's fake. It must be on that basis that you request a full refund without being required to return the item.

eBay state in their Money Back Guarantee policy: ❝If asked to step in, we review the item listing, photos of the item, if provided by the buyer or seller, and any other information about the item that the buyer and seller provide. If we can't determine that the item matches the listing, the seller has already offered a return, or the seller's stated return window and policy applies, we require the buyer to return the item to the seller, if they didn't do so already.❞

You'd only have received that result if you didn't provide evidence that the Adidas tracksuit was fake. eBay state:

❝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.❞

Did you provide the third-party authentication? That would be on the company letterhead. You can't simply mention "a shop that I went to" in your claim. You need to have the authentication by Adidas. Did you get that? And did you upload it in the Resolution Centre?

Alternatively, did you provide a Statutory Declaration that you went to a retail shop (I am presuming it was an Adidas shop?), and that you were informed that the tracksuit was a fake? In some cases a Stat Dec is all that is needed, but I must say that it would present a dodgy appearance if you failed to provide a statement from Adidas confirming that the tracksuit was fake, given that there are Adidas stores throughout Australia - Melbourne, Perth, Jindalee, Sydney, Cheltenham, Gold Coast, Mulgrave, Queensland, Adelaide, Brisbane.

What you can try doing is go back to the Adidas shop, ask them to provide the letter on letterhead, give them the details of the eBay account from whom you purchased (for all the good that that will do), take the letter, get in touch with eBay using the Have Us Call You option, (eBay say: We'll call you at the phone number registered to your account, or you can enter a different number. We’re available from 8am to 10pm AET, 7 days a week), and politely let the CS rep know that you have the third-party authentication letter and can either fax it or email a scanned copy, and that you respectfully ask that your case be re-examined in the light of that.

If you have no luck with eBay, call PayPal, and have that letter handy to provide as evidence.

I cannot imagine that with that evidence to hand, you'd not be given a full refund. (But if you're still not refunded, you have further options. Come back and post further in this thread if you still have no resolution.)

IN FUTURE... please don't try to buy genuine brand name clothing or other items from a Chinese eBay seller at a price that is quite a bit cheaper than you'd be paying if you bought directly from Adidas. Adidas charge a certain amount; you might be able to shop around and get something of a discount, but you're dreaming if you think you're going to get a genuine item at a ha-ha price. And Chinese sellers on eBay are notorious for selling counterfeit items. It boggles the mind to think that you could truly expect to get a genuine Adidas tracksuit in these circumstances... so be a little bit wiser in your online buying if you want to avoid similar situations.

Good luck!

Re: Fake Counterfeit Item

2223-au — Fri, 14 Dec 2018 09:35:07 GMT

LOL...its not about the item i received.

Its more about eBay supporting these fraudulent peasant sellers!

Also eBay telling me to post back even though they know its a fake!

Re: Fake Counterfeit Item

countessalmirena — Fri, 14 Dec 2018 09:38:40 GMT

@countessalmirena wrote:

Did you provide eBay with the evidence that they requested in the Resolution Centre?

[...]

❝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.❞

Just repeating the above... I've put the really important bit in red.

Re: Fake Counterfeit Item

kopenhagen5 — Fri, 14 Dec 2018 09:52:53 GMT

Its more about eBay supporting these fraudulent peasant sellers!

eBay cannot act on heresay, your word.

They require written proof from an authority just like the police would if they were to pursue something.

And keep in mind, eBay is an advertising media not an entity providing a guarantee.

You buy from other people and businesses advertising on the eBay site.

If you bought an item out of a classified newspaper and it turns out to be fake, you don't expect the newspaper to know if it's fake or not.

Re: Fake Counterfeit Item

2223-au — Fri, 14 Dec 2018 11:58:07 GMT

LOL...the seller admitted to the fake in the correspondence...ebay saw this...seller even apologised

Re: Fake Counterfeit Item

imastawka — Fri, 14 Dec 2018 12:08:14 GMT

@2223-au wrote:
LOL...the seller admitted to the fake in the correspondence...ebay saw this...seller even apologised

I message the seller, They said that they are sorry and i can post it back..or they will give me some compensation for the mistake they made...This to me is an admission of guilt

Nope.

Maybe they just apologised for sending the wrong size, not admitting it was counterfeit

Re: Fake Counterfeit Item

lyndal1838 — Fri, 14 Dec 2018 12:20:58 GMT

You don't seem interested in taking advise on how to get your money back so why did you come here?

Re: Fake Counterfeit Item

2223-au — Fri, 14 Dec 2018 13:47:25 GMT

The money back doesnt really bother me..its the way ebay dismissed me and went to sellers side....in detail the seller did admit to it being a copy(sorry for not adding it) thus apologising

Re: Fake Counterfeit Item

k1ooo-slr-sales — Fri, 14 Dec 2018 14:07:40 GMT

@jellybirddesigns wrote:
Don't.
Buy.
Junk.
From.
China.

Did you seriously think you were going to get a genuine item?

Rather, support our shops here in Australia who sell the genuine product and who could do with our patronage, even if it costs a bit more.

just putting this out there . . . . . . is a “fake counterfeit” item a genuine item? I mean, if it is a fake counterfeit wouldn’t that mean it is not a counterfeit?

don’t worry folks, I’m just musing in the wee small hours, nothing more to see here, move along

no answers required to my questions, just me being silly . . . . . .

. . . . . . . again!!!!,

Re: Fake Counterfeit Item

wide-world-of-stamps — Fri, 14 Dec 2018 20:43:23 GMT

just putting this out there . . . . . . is a “fake counterfeit” item a genuine item? I mean, if it is a fake counterfeit wouldn’t that mean it is not a counterfeit?

That was actually my first thought on reading the post

Re: Fake Counterfeit Item

joztamps — Fri, 14 Dec 2018 22:03:37 GMT

Ditto.

Re: Fake Counterfeit Item

stickerswa — Fri, 14 Dec 2018 22:04:18 GMT

If ebay wont do anything then contact adidas and tell them ebay are allowing the sale of (possibly) fake items.

Re: Fake Counterfeit Item

Anonymous — Sat, 15 Dec 2018 02:34:34 GMT

Exactly what I though too, fake counterfeit = not counterfeit

Assumingly that is how the eBay CS bot read it too

Re: Fake Counterfeit Item

digital*ghost — Sat, 15 Dec 2018 02:52:06 GMT

@2223-au wrote:
The money back doesnt really bother me..its the way ebay dismissed me and went to sellers side....in detail the seller did admit to it being a copy(sorry for not adding it) thus apologising

eBay doesn't have much of a choice if you haven't provided supporting documentation. You keep saying other things aren't the issue, but you're also ignoring what is the issue. eBay hasn't supported the seller, they have adhered to their policies, and you apparently didn't. If the way the seller admitted to the item being fake was A) outside of the dispute, and B) open to interpretation like the first statement you copied here was, then again, you can't expect eBay to automatically take it into account , accepting your personal interpretation.

This isn't an "oh, your item is fake, well too bad so sad" situation.

It's an "oh, you say the item is fake, but there's no supporting documentation so in the absence of that we need to follow the standard protocol" situation, because from eBay's perspective you're a buyer making a claim with no evidence and requesting a refund but refusing to return the item.

Re: Fake Counterfeit Item

countessalmirena — Sat, 15 Dec 2018 03:54:02 GMT

@2223-au,

I'll try (again) to bring forth on a platter the point that everyone here has already made (and made well; it's a bit of a mystery as to why you haven't absorbed the point).

You said:

❝Told ebay it was against the Law to post back and they said basically too bad❞

That is not what eBay said; that is your interpretation. You are riding a hobby horse here; when quoting someone, you should avoid using the word "basically" to avoid including a slanted personal interpretation.

You said:

❝Ebay are supporting fradulent sellers and also forcing customers to break the Law❞

In this instance, no, that's not what eBay are doing. They merely require that you supply evidence to support your claim that the goods which you received are counterfeit. That is necessary; that's how the law works. An unsubstantiated claim even in a civil suit (with lower burden of proof than a criminal case) risks being denied. In particular, an unsubstantiated claim where evidence should readily be available if the claim were true will not be viewed favourably.

By asking you to provide supporting materials, eBay behaved as required under the law.

By your failure to provide the supporting materials, you left eBay with no choice under its own guidelines.

However, you're STILL granted the right to a refund by being told that you can return the item. To cavil at this and claim that it's against the law to post a counterfeit item is to miss the point: you have failed to establish that this actually is a counterfeit item, for whatever reason it may be. Stubbornness? A sense that you shouldn't have to? Prove that the item is a counterfeit, and you won't have to post it back.

Note that I am not addressing the issue of eBay supporting fraudulent sellers in a broader sense. eBay.cn has different rules, arising out of China's own approach to intellectual property and the purveying of imitations. eBay does not always behave in a way that is lawful, but that's not what is happening in this case.

Re: Fake Counterfeit Item

porcelain_dolls_by_me — Sat, 15 Dec 2018 04:45:32 GMT

Is a "fake" counterfeit item the same thing as a "real"
counterfiet item?

Re: Fake Counterfeit Item

lyndal1838 — Sat, 15 Dec 2018 05:20:37 GMT

By the rule of double negatives a fake counterfeit item is a real item.