Do I need to send an item back to the seller for a refund on a fake item?

[kitten_tree]

Hi all

I purchased an item from a seller who has sent me a fake item.

The seller used a stock photo of the real item but what I got is not real, it’s quite a niche item and this was the first item of its type the company has made, so knowing it’s a fake is relatively easy. The seller has 800+ feedback at 100% so it’s very annoying.

Now knowing it’s a fake, do I still have to return for a refund? And what would stop the seller saying I sent back the wrong item because it does not match the stock photo?

[lyndal1838]

You need to get confirmation in writing from an authorised third party to confirm that it is fake.

Open a dispute for Item Not As Described and point out that you have proof that it is a fake.

Ebay should refund you without the need to send it back....you will probably be told to destroy it.

[kitten_tree]

Thanks for the advice, I thought I may need company confirmation so I already kicked off that process. I’d happily provide proof of destruction!

[gutterpunkz05]

Just out of curiosity, as that brand has items manufactured in China,  what makes you certain the item is, as per FB,  a cheap chinese knockoff

[fixnwear]

kitten - tree,

You'll find it hard to obtain document in writing that the item is fake - even if it is!

Reason being:

The fact that it stayed listed on Ebay without Vero picking up on it

Also, many buyers  have same or similar item, fake one, buy the proper one but submit the fake one for verification and some companies got caught out that way - so hardly anyone these days is willing to issue written statements

And I can't help but notice that f/back!

Very insulting and crude.

If any seller left a f/back like that for a buyer - they would be crucified instatntly - people always say "Don't want to shop with them as they are just too rude!"

If I was you I would ask Ebay if that can be rephrased somehow - it's embarassing  for you as it is.
And you are a seller too, terrible example for any of your prospective customers!

[*tippy*toes*]

As usual, a crude comment.

Unless the company is a member of VERO, then the program won't pick up on it. Even then, there are no bots to detect it, the company actually has to contact eBay to get the items removed.

As for a seller leaving a feedback comment like that, of course they would be crucified, because it is a policy violation to leave a false positive comment for a buyer. Given you are the expert in all things eBay, I would have thought you'd known that. 

[fixnwear]

tippy toes,

which part of my post was crude?

If it is - sorry - didn't realize it at the time

And yes, everything I said I have heard before, many times!

But sadly, I can't credit myself with being an Ebay expert, far from it - but thankfully, I can read! And everything I said has been written here on the boards.

And you KNOW that I didn't mean that bit about seller leaving a f/back like that for a buyer, - not for the reason you are citing. I know buyers  can't get anything negative said about them, I just meant  hypothetically if the seller wrote that about the buyer it would have been instatly worse for the seller!
Many times have I read how other members here say " Oh, this f/back comment and /or response is appaling, it shows up the seller in their true light, rude, crude, unprofessional etc."

I don't know much aout Vero (read nothing at all), but I do know about companies being adverse in providing written statements about the authenticity. Feel free to try getting any of them to issue you with  such statement. (I hope you never have to, mind you)

Stay safe.

[darrylgama]

Was the item purchased in Australia? if yes fake items are taken very seriously by the manufacturer and authorities depending on how much you paid i would consider legal action.

[lyndal1838]

The item was purchased from the USA.