Change of mind customer

[flatoutessentials]

Hey guys, 

I had advertised a bag and stated i had bought it off ebay a year ago. Many pictures + and an accurate description + code inside bag. I specified no returns/refunds. I didn't state at any point whether it was authentic as i had no proof. I do believe it to be authentic. Most bidders (except for winning bidder) contacted me and i told them this. Buyer left positive feedback stating good product' and day after contacts for the first time stating it was fake and was going to raise dispute. What can i do?    

[yodablu]

where has the OP gone

[purple.cow]

where has the OP gone

Probably in hiding :^O

[patchoo78]

There is an easy way to determine if it's fake.. If it's real, then it would be made out of leather (You'd hope so for $500) depending on use, the handles would have some kind of discolouration from skin oils etc. If the bag is made out of vinyl then it's probably fake

[***super_nova***]

And that is the point I was refering to, 'intent to deceive', and that would have to be proved or dispoved if such actions went before the courts.

And I know for a fact that at least one case was dismissed from a court when it was decided that the seller of another item in a similar situation DID NOT show any intent to deceive the purchaser of that item.

The the judgement was handed down in Wagga Wagga NSW 2008

So just maybe I'm not talking out of my backside after all 🙂

I cannot comment on case that I know nothing about; it is possible that this person had some documentation, and on those grounds thought their items were genuine = "no intent".  In any case just because they were not convicted does not mean that they did get away with selling fake(s).  Obviously, they were charged, had to get legal representative, the items were confiscated and destroyed; they would have been out of pocket big way, and went through months of stress, not knowing how it would turn out.

BUT in any case, I was NOT talking about police charging the OP with fraud, which is what this dismissed case is about.  I was talking about LV sueing for damages, which is another matter, and has nothing to do with intent; in these cases the lawers' advice is to settle out of court.

I had a look at the OP's photos and the stitching looks absolutely awful, unless it is somehow distorted in the pics, my guess is it is fake, and considering the info above re- the numbers, I would be refunding ASAP and paying the return postage too. 

Patchoo, these LV monogram bags are are made out of plastic coated canvas and trimmed in leather, but there are some also made from vinyl.

[patchoo78]

Yes but the handles are often made out of leather even if the bag is made of vinyl

[***super_nova***]

Yes but the handles are often made out of leather even if the bag is made of vinyl

Yes the handles should be leather on this bag; I think they are.  But i could never understand why would anybody pay so much money for these bags.  Don't get me wrong, I love beautifully made bags from top quality leather, and have paid lot of money for some.  But good quality vinyl bag can be got for few dollars.  Actually, my all time favourite bag was a dark navy vinyl that I picked up for 5FF($1.25) in Paris from the "throw out sale" table at the door in department store; not sure what the original price was, but I used it daily for 20 years before it started show few cracks; it looked like a good leather and was constantly admired.  🙂

[purple.cow]

 Obviously, they were charged, had to get legal representative, the items were confiscated and destroyed; they would have been out of pocket big way, and went through months of stress, not knowing how it would turn out.

It wasn't a police prosecution, but a civil one instead, and all costs were awarded against the complainant so it didn't cost the seller a single cent in legal fees.

I can't say anything about if the item in question was destroyed or not because with the seller winning the case they kept the sale price money as they should rightly do when they are found to be not guilty of any offense.

The only thing I can say for sure about the item was that it would have turn out to be a very bloody expensive one after the buyer ended up paying all costs on top of buying it :^O

No doubt the seller did go through a bit of stressing out until the results were handed down, but I assume their legal bodies thought they were in the right before agreeing to take the case on on the seller's behalf.

The entire court case transcript is available for anyone to read if they are willing to pay the court record search fee as I did.