1 ACCEPTED SOLUTION
Accepted Solutions
Both lyndal and tippy*toes have given you great advice.
Bear in mind that the return process on eBay is automated. If a return/refund follows a very straightforward path, then the automated process is efficient. But for anything that is even slightly outside that (and returning a fake item to an overseas buyer is indeed slightly outside that) is best done with a bit of human intervention.
eBay's "Have us call you" option is by far the best way to get in touch with eBay. (Emails are useless, for a number of reasons, but primarily because the responses, when they are finally sent, are bot-generated.)
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.
Now, before you phone eBay, have your facts lined up like ducks in a row. For instance, did you realise that you were buying from a seller in China? If the item location in the listing stated that it was in Australia, then that is item location misrepresentation. From this I quote:
Not allowed
- Giving an incorrect item location. For example, indicating that the item is in the U.S. when it is actually being sent from China.
- Inaccurate, vague, or misleading descriptions (the city and state or city and country don't match)
- Beijing, United Kingdom
- Hong Kong, United Kingdom
- Worldwide, Singapore
- Direct from manufacturer to, United States
- Somewhere in Florida, United States
- A location in the item description, if stated, that doesn't match the item location field.
- Setting a return location in your return policy that is different to the original item's location resulting in higher costs or confusion for buyers.
Bolding / using red font colour is mine (for emphasis).
If the return location is different to the location of the item as stated in the listing, you should politely but firmly mention this when you speak to the eBay CS rep, and ask that on the basis of the item misrepresentation, you should not be required to return the item in order to receive a full refund.
If however the listing did state that the item location was China, then you should instead use the argument that the cost of tracked return to the seller is not commensurate with the cost of the item. State that you have no confidence in the seller paying you for the cost of the tracked postage to return the item. Read through the Return an item page, and quote from the Return postage page when you speak with the CS rep: "If you're returning an item because it doesn't match the listing, or it arrived damaged or faulty, then the seller is responsible for the return postage costs."
Also: "If the seller is responsible for return postage charges and they're not supplying a postage label, you and the seller need to agree on the postage service and cost before you send the item back. The seller should then send you a separate payment to reimburse you for the return postage charges, as these won't be included in any eBay Money Back Guarantee refunds."
Point out that the seller is refusing to respond to you, has not assured you that they will reimburse you for the return postage charge, has sent you a fake item, and that you therefore cannot trust the seller to act properly in reimbursing you, and that the cost of tracked return to China for this item is $xx.xx which it is unlikely that the seller will wish to pay for a fake item.
Also point out that under eBay's Replicas, counterfeit items and unauthorised copies policy, "eBay doesn't allow unauthorised replicas, counterfeit items, or unauthorised copies to be listed on eBay." Gently, politely but firmly point out that eBay have not implemented this policy properly by allowing this fake to be listed on eBay, and that you are relying on eBay to protect you from the consequences of that failure to implement the policy.
Be aware also of eBay's Money Back Guarantee policy, in which is stated, "In some situations, such as when a seller is suspended for fraud, we may open a request and make a decision on behalf of the buyer. This includes situations in which a seller is suspended for fraudulent activity." Also note in the MBG, "If the seller hasn't facilitated the return – for example by providing a return postage label – we will also refund any reasonable return postage costs."
And finally, again with the utmost politeness, refer to the MBG policy when you request that you be refunded without being required to send back the item. Quoting from the MBG policy,
"In some instances, we may not require that an item be returned to the seller. For example, we may refund the buyer and seek reimbursement from the seller if:
- The seller chooses not to accept a return request for a not as described item
- The item location was misrepresented
- It's hazardous to send back the item
- The item no longer has a value."
You can mention that you would feel uncomfortable returning an item that is a fake, but that if you have eBay's absolute written assurance that eBay will cover the cost of tracked return, you would of course be more than happy to return this fake item.
Do you have a statement (on letterhead) from the manufacturer whose item was faked that this is a fake? Alternatively, go to your nearest police station and make a Statutory Declaration that it's a fake item, and list why you so state. Either of these documents can be uploaded to eBay in evidence; have the document ready and state that you have it, and can upload it by fax/scanned email attachment, and that you can send the original by mail to an address stated by the CS rep.
It is also a good idea to both record the call and take notes. (See https://community.ebay.com.au/t5/Buying/I-purchased-an-iPhone-from-a-seller-that-is-selling-stolen/m... and https://community.ebay.com.au/t5/Selling/Just-got-a-defect-for-an-item-sold-back-in-Sept-last-year/m....)
If you're still not given a satisfactory outcome, post again and the various responders here will suggest some follow-up action.
