topic Re: Fake Phone in Buying

Fake Phone

soarershopper — Sun, 06 Dec 2020 05:25:04 GMT

Bought this phone on eBay some months ago from

256GB Android 9.1 Smartphone Dual SIM Unlocked 4G Mobile Smart Phone Ten Core

Never worked very well, yet the info from "Settings" agreed with the description. However, after downloading a couple of apps that read the phone specs, I found thing to be very different.

The phone I was sold was fraudulently altered to misrepresent the specifications. Claimed vs actual specs are as follows:

Claimed: 10 core processor, 256GB rom, 8GB ram, 3500 mah battery, Android 9.1

Actual: 4 core processor, 11GB rom, 1GB ram, 1000 mah battery, Android 6

Having just found this out, I have informed the seller. I will update the forum should things be rectified. The seller remains active on eBay.

Re: Fake Phone

imastawka — Sun, 06 Dec 2020 04:10:37 GMT

The seller is registered in China. They will not care.

They will stall you until you run out of options.

Open a case for Item Not as Described in Paypal and do not close it until you receive a refund. They may say they can't refund you until you close the case...this is untrue.

You have 180 days from purchase to do this.

Before opening the case, join Paypal's free return shipping.

Refunded Returns: Free Return Shipping Worldwide for Eligible Online Purchases - PayPal Australia

A moderator will remove the seller's name. You cannot name and shame on the boards.

Re: Fake Phone

soarershopper — Sun, 06 Dec 2020 04:32:06 GMT

Thank you for that. eBay has a policy on counterfeit products. P40 Pro is a Huawei product. What was being sold was a counterfeit product with fake specifications. That puts the seller in breach of eBay's rules at the very least. I find it difficult to believe the seller has acted honestly or in good faith.

Re: Fake Phone

sandypebbles — Sun, 06 Dec 2020 04:58:29 GMT

No they have'nt, but sellers in China can't be 'touched' by eBay

Phones are one of the last things anyone wants to buy from a seller in China, especially with such poor feedback

They are most certainly going to be fake, dangerous with zero warranty

Re: Fake Phone

soarershopper — Sun, 06 Dec 2020 05:10:55 GMT

Thanks Sandy. There are laws against selling counterfeit goods. I would be surprised if eBay were allowed to host sellers of counterfeit goods. Further, I just found the serial number of my phone: 0123456789ABCDEF.

Re: Fake Phone

imastawka — Sun, 06 Dec 2020 05:42:54 GMT

Ebay doesn't sell anything, and the seller is outside Australian law.

Ebay can't possibly check millions of listings every day.

Just open your case for INAD in Paypal, get your money refunded and buy from a licensed

Australian seller who will give you a real warranty.

Preferably from a bricks and mortar shop.

You should have done due diligence when purchasing. 21 negs, most of which say fake/counterfeit should have rung enough bells for you.

Seller's % is 95.2% It is not recommended to buy anything from a high volume seller below 98.5% IMO

Hopefully you are within the 180 days to claim.

Re: Fake Phone

imastawka — Sun, 06 Dec 2020 05:53:45 GMT

Checking your feedback it looks like it was purchased over 6 months ago.

Re: Fake Phone

soarershopper — Sun, 06 Dec 2020 06:16:46 GMT

Yes, but does not becoming aware of a fraud within six months make selling a counterfeit product any more lawful or the seller any more honest? eBay may not be the seller, but it is not allowed to host sellers of illegal or counterfeit goods. I am simply taking the opportunity to inform eBay that I was sold a counterfeit product on the site.

Re: Fake Phone

sandypebbles — Sun, 06 Dec 2020 06:27:42 GMT

What was eBay's response ?

As mentioned, choosing to buy a phone from China is never going to end well. There will almost always be a big problem

It will almost always be a knock off

It will not be up to Australian safety standards

It might be so dangerous it burns your house down

It has zero warranty

Buyers do not have to buy from these sellers and support them just because eBay 'allow' the listings

Re: Fake Phone

davewil1964 — Sun, 06 Dec 2020 06:31:43 GMT

@soarershopper wrote:
Yes, but does not becoming aware of a fraud within six months make selling a counterfeit product any more lawful or the seller any more honest? eBay may not be the seller, but it is not allowed to host sellers of illegal or counterfeit goods. I am simply taking the opportunity to inform eBay that I was sold a counterfeit product on the site.

As said, Chinese (or any other nationality that's not Australian) sellers are not subject to Australian law. Nor is any offered warranty enforceable.

As stawks said, how do you expect eBay to know. They don't, won't and can't vet every one of the millions of listings uploaded every day. It is up to buyers to do some level of due diligence.

eBay neither read nor respond to board posts, so you are not informing eBay of anything. Just other members who, due to the fact they read the boards, already know.

Re: Fake Phone

imastawka — Sun, 06 Dec 2020 06:39:33 GMT

Best I can do -

eBay Customer Service

Report an issue with a seller | eBay

Re: Fake Phone

soarershopper — Sun, 06 Dec 2020 06:44:30 GMT

Well, I have at least informed a moderator. There is nothing legal about the sale of counterfeit goods, whether it be the seller or the site they sell on. That is why eBay has a counterfeit policy. Of note, there are probably four counterfeit P40 Pro listings currently on eBay.

https://www.thebalancesmb.com/counterfeit-item-through-ebay-1140132

Re: Fake Phone

imastawka — Sun, 06 Dec 2020 07:23:36 GMT

A moderator is just what it implies.

They moderate the forums.

A moderator has nothing to do with either ebay or buyers and sellers' complaints.

They work for a company called Khoros.

I gave you a link, use that to inform ebay of your concerns.

Re: Fake Phone

davewil1964 — Sun, 06 Dec 2020 07:27:15 GMT

@soarershopper wrote:
Well, I have at least informed a moderator. There is nothing legal about the sale of counterfeit goods, whether it be the seller or the site they sell on. That is why eBay has a counterfeit policy. Of note, there are probably four counterfeit P40 Pro listings currently on eBay.

https://www.thebalancesmb.com/counterfeit-item-through-ebay-1140132

Very simplistic at best.

It doesn't mention that a buyer's belief that an item is counterfeit is not proof in eBay's (or the law's) eyes, for starters.

Use the tools you have been given.

Re: Fake Phone

soarershopper — Mon, 07 Dec 2020 12:36:56 GMT

An update:

I have checked the imei on my phone (imei=355421700066383) and got the following details:

https://www.imei.info/?imei=355421700066383

So the phone is unquestionably counterfeit. This makes eBay a party to criminal activity. I will be in contact with eBay with this information. I will also be informing the police as well as Huawei. eBay have really dropped the ball. At least I can be assured of a full refund. As to all those telling me it's all my fault, well, I guess you know what I think about that. I am not the slimy criminal here.

IMEI.info: P40 Pro HUAWEI IMEI: TAC: 355421 FAC: 70 SNR: 006638 CD: 3

Re: Fake Phone

imastawka — Mon, 07 Dec 2020 13:54:46 GMT

How are you 'assured of a full refund' from a Chinese seller? Reporting to police doesn' t get you a refund. Reporting to Hauwei doesn't get you a refund.

I don't believe anyone here said it was all your fault.

I gave you links to help, and at no stage did you mention that the time had passed for you to do anything. I had to find that out by searching your feedback.

Nor did you acknowledge the help given.

We don't work for ebay. We are all members like yourself, volunteering our time to help others.

As mentioned, ebay can't be held responsible for millions of items listed daily.

And the Chinese seller certainly won't be held accountable under Australian law.

Good luck on your (futile) quest

Re: Fake Phone

springyzone — Mon, 07 Dec 2020 22:16:36 GMT

@soarershopper wrote:
An update:

I have checked the imei on my phone (imei=355421700066383) and got the following details:

https://www.imei.info/?imei=355421700066383

So the phone is unquestionably counterfeit. This makes eBay a party to criminal activity. I will be in contact with eBay with this information. I will also be informing the police as well as Huawei. eBay have really dropped the ball. At least I can be assured of a full refund. As to all those telling me it's all my fault, well, I guess you know what I think about that. I am not the slimy criminal here.
IMEI.info: P40 Pro HUAWEI IMEI: TAC: 355421 FAC: 70 SNR: 006638 CD: 3

It is a counterfeit phone, for sure.

No one here would disbelieve that for a second. It's pretty much what we would expect from China, to be perfectly honest.

That doesn't make it right that it happened to you and it doesn't make it your fault.

Ebay & paypal do have ways for you to get your refund in these circumstances but only within the time frames.

Unfortunately, if you look at ebay ads for quite a lot of things, the sellers located in China seem to be able to get away with things Australian sellers could not try. For instance, I have seen wedding gowns-with photos directly copied from designer websites, blithely posted by Chinese sellers, where the dresses are listed at eg $130 instead of the $2500 the gowns really cost in any shop.

What the customer gets if they buy, I don't know, but I'd be 100% sure it is a cheap knock off and nowhere near the quality of the genuine thing.

Those ads have been on ebay for years and from what I have read on the forums, it seems the copyright laws in China are different to what we have here, so they aren't breaking Chinese law at all. Their items might be available here or internationally but the sellers are listing in China.

So you may have trouble touching them. I'd be interested in hearing how you go with your reports, whether you are able to get ebay to take any action or make any refund, although I doubt it if the time has lapsed..

Re: Fake Phone

countessalmirena — Tue, 08 Dec 2020 08:39:46 GMT

@soarershopper,

I'm sorry that you find yourself in this situation.

The best thing that I can do is to emphasise what everyone else has posted on this thread.

If you buy a phone on eBay, there is a significant chance that it will be a fake, stolen, or refurbished phone.

eBay do have a policy about selling counterfeits; however, they rely primarily on eBay members informing them of a breach of the policy - within the stated timeframe. Outside of that timeframe, telling eBay anything is simply blah blah blah to them.

You won't have recourse to Australian consumer law if you buy from a seller who is not registered in Australia. Nor is there any criminal law applicable/enforceable unless the amount of the fraud is significant - more than is the case in your example.

You won't have recourse to Australian consumer law if you buy from an Australian seller who is not an authorised seller of the item

I've often posted information on these boards about buying phones on eBay. There will always be another person posting the same scenario, unfortunately. Australian buyers in particular (so it seems) may tend to look for a price that is too good to be true without thinking that the old adage applies to them.

One reply.

Another reply.

Yet another reply.

Still another - focusing on the warranty issue.