Fraudulent listing, I won paypal claim but have to pay to ship item back?

[auto_ezy]

I bought a replacement screen for a mobile phone from a seller in MElbourne. When it arrived it was reasonably clear it wasnt a genuine nokia screen. I installed anyway but within a few days it failed completely. I requested a refund from seller - after a week and no reply put in PP claim. They heard nothing from seller so awarded the claim to me, however want me to pay to post the fake item back? IIt wont be a lot but the principal is what matters. I had specifically asked if the item was real prior to purchase and was told it was.

It looks from this guys feedback - techarcade - that he sells reasonably OK fakes and possibly genuine items, and few buyers pick up on  the fakes, meaning that with his high volume he can take the occaisional loss and still make a handy profit selling fake Chinese $10 replacement Nokia screens for $70. 

Im going to report the listing as fraudulent, but Ebay is making a handy commision from this guy, so what will they do.

Cheers

[davewil1964]

If Paypal refunded you that should be the end of it. They can't expect you to send something back AFTER they have refunded you. If they haven't refunded you, you will have to send it back, by trackable means, in order to get refunded.

If you have proof it is a fake (documented by a qualified third party, not your opinion), you can offer to destroy the item instead, as it is illegal to send fakes through the mail.

[iamanark]

"as it is illegal to send fakes through the mail"

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I have read this before ... could you please direct me to where on the eBay or Australia Post website where it states this

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Thank you in anticipation

[lyndal1838]

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@iamanark wrote:

"as it is illegal to send fakes through the mail"

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I have read this before ... could you please direct me to where on the eBay or Australia Post website where it states this

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Thank you in anticipation

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It is not something that can be regulated within Australia as no-one knows what is in the mail, but as it is illegal to sell or have fake items in your possession it stands to reason that you should not be posting them.

It is however expressly forbidden to send them through international mail.

[iamanark]

“ it is illegal to sell or have fake items in your possession”

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Thank you for your reply

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That is really interesting that it is illegal to have a fake item in your possession

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I was not aware of this law.

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Could you please direct me to where you have acquired this information … eg eBay website, Australia Post website or maybe a Government (State or Federal) website … say, like a Police website … either Federal or State Police

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I would be very interested to read what it states, how the law applies and what are the penalties and when do they apply, (especially in respect to the eBay site)

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As you are obviously very knowledgeable in this area, I look forward to your reply

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Thanking you in anticipation

[davewil1964]

Look it up yourself. I'm sure your browser has a search function.

[iamanark]

That appears to be a harsh reply … I thought these boards were to help and inform fellow members of the Ebay Community

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I have asked for help from another member, so I was expecting a reply from that member

[bsal6160]

Its illegal to buy or sell fakes, ergo, its illegal to have them in your posession.

and your requests for extra info do sound like you are trying to start an argument.

[davewil1964]

Of course you were.

I believe it comes down the the clause in APs T&Cs that they are not obliged to carry items that breach Commonwealth, State or Territory law. All of which, afaik, prohibit fakes. Or else the police swoops on weekend markets don't have a legal basis.

I've done the AP part of it. I await your determination that the relevant bodies don't have such laws.

[iamanark]

“I have asked for help from another member, so I was expecting a reply from that member”

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But you appear to be trying to help, thank you for your input

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but I find your answer very confusing

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Quote: “I believe it comes down the the” (what is “the the” ?)

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“clause in APs”  (what is APs)

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“and T&Cs”  ?

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“All of which, afaik”,  …………. afaik ??.

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“police swoops” … swoops ?

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"I've done the AP part of it" … I do not understand what AP is

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I do apologise, but I am having trouble understanding your answer

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Maybe it might be better for the member that I asked the question of, to answer