Fake Counterfeit Item

2223-au
Community Member

OK

 

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

Message 1 of 31
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Re: Fake Counterfeit Item

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

Message 11 of 31
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Re: Fake Counterfeit Item


@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?

 

Spoiler
don’t worry folks, I’m just musing in the wee small hours, nothing more to see here, move along
Spoiler
no answers required to my questions, just me being silly . . . . . . 
Spoiler
. . . . . . . again!!!!,
Message 12 of 31
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Re: Fake Counterfeit Item




 

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  Smiley LOL
Message 13 of 31
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Re: Fake Counterfeit Item

Ditto.

Message 14 of 31
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Re: Fake Counterfeit Item

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

Message 15 of 31
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Re: Fake Counterfeit Item

Exactly what I though too, fake counterfeit = not counterfeit

 

Assumingly that is how the eBay CS bot read it too 

Message 16 of 31
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Re: Fake Counterfeit Item


@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. 

 

Message 17 of 31
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Re: Fake Counterfeit Item

@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.

Message 18 of 31
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Re: Fake Counterfeit Item

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

Message 19 of 31
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Re: Fake Counterfeit Item

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

Message 20 of 31
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