Did you provide eBay with the evidence that they requested in the Resolution Centre?
You need to follow the exact procedure outlined by eBay, because their complaints process is bot-driven. You should have clearly stated that it was a counterfeit item, and provided the evidence to that effect.
I also suspect you muddied the waters by bringing in the wrong size issue. The fact that you say this was a counterfeit tracksuit is the main issue. Don't sidetrack; when opening a dispute or claim for a counterfeit item, it doesn't matter what size it was or colour it was or whether it glittered or danced or sang. What matters is... it's fake. It must be on that basis that you request a full refund without being required to return the item.
eBay state in their Money Back Guarantee policy: ❝If asked to step in, we review the item listing, photos of the item, if provided by the buyer or seller, and any other information about the item that the buyer and seller provide. If we can't determine that the item matches the listing, the seller has already offered a return, or the seller's stated return window and policy applies, we require the buyer to return the item to the seller, if they didn't do so already.❞
You'd only have received that result if you didn't provide evidence that the Adidas tracksuit was fake. eBay state:
❝Counterfeit items
If a buyer suspects that an item is counterfeit and there are strong indicators that this is true (for example: third-party authentication, or a statutory declaration by the buyer), we don't require the buyer to return the item to the seller. The buyer agrees to ensure the proper disposal of the item and may not sell it on eBay or elsewhere. We refund the buyer for the full cost of the item and original postage, and the seller reimburses us for the refund.❞
Did you provide the third-party authentication? That would be on the company letterhead. You can't simply mention "a shop that I went to" in your claim. You need to have the authentication by Adidas. Did you get that? And did you upload it in the Resolution Centre?
Alternatively, did you provide a Statutory Declaration that you went to a retail shop (I am presuming it was an Adidas shop?), and that you were informed that the tracksuit was a fake? In some cases a Stat Dec is all that is needed, but I must say that it would present a dodgy appearance if you failed to provide a statement from Adidas confirming that the tracksuit was fake, given that there are Adidas stores throughout Australia - Melbourne, Perth, Jindalee, Sydney, Cheltenham, Gold Coast, Mulgrave, Queensland, Adelaide, Brisbane.
What you can try doing is go back to the Adidas shop, ask them to provide the letter on letterhead, give them the details of the eBay account from whom you purchased (for all the good that that will do), take the letter, get in touch with eBay using the Have Us Call You option, (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), and politely let the CS rep know that you have the third-party authentication letter and can either fax it or email a scanned copy, and that you respectfully ask that your case be re-examined in the light of that.
If you have no luck with eBay, call PayPal, and have that letter handy to provide as evidence.
I cannot imagine that with that evidence to hand, you'd not be given a full refund. (But if you're still not refunded, you have further options. Come back and post further in this thread if you still have no resolution.)
IN FUTURE... please don't try to buy genuine brand name clothing or other items from a Chinese eBay seller at a price that is quite a bit cheaper than you'd be paying if you bought directly from Adidas. Adidas charge a certain amount; you might be able to shop around and get something of a discount, but you're dreaming if you think you're going to get a genuine item at a ha-ha price. And Chinese sellers on eBay are notorious for selling counterfeit items. It boggles the mind to think that you could truly expect to get a genuine Adidas tracksuit in these circumstances... so be a little bit wiser in your online buying if you want to avoid similar situations.
Good luck!
