on โ26-10-2014 10:15 PM
Hi
I recently bought a pair of Christian Louboutin sandals from a seller. They were a good buy or so I thought. I didn't really twig at the time that the title didn't mention the brand name but just described them as "designer sandals". After I had paid for them ebay deleted the listing & there was a note to say I didn't have to go ahead with the sale but if I had already paid that I could put in a claim if there was a problem with them. They arrived shortly thereafter and of course they were fake & quite poor quality. I put in a claim through paypal & in the messages between us she has admitted in not so many words that they are fakes but she didn't claim they were genuine because she didn't put the designer's name in the title. She also basically said I was silly for expecting genuine for the price I paid. Do I have to pay to send the shoes back(with a box) They have no monetary value at all & I feel they should just go in the trash so someone else doesn't get conned by her.
on โ26-10-2014 10:27 PM
If you have to return them or not will be up to Paypal. I would give them a call and explain that they are fake and that the seller admits that in their email contact so you don't believe you should have to return them but are prepared to destroy them after you receive a refund and send them a pic of having done so.
If you are lucky you will get somebody who agrees, if you do ask for their name and employee number and keep a note of that along with the time of the call. If they don't agree ask to speak to a supervisor, again note details of who and when.
If still no joy tell them that unless you receive a refund within 48 hours you will be referring the matter to the financial ombudsman service.
I would also email the seller and tell them that you are contacting the on line auction fraud report site as it is a criminal offense to sell counterfeit items.
โ27-10-2014 07:28 PM - edited โ27-10-2014 07:29 PM
Good luck! I hope you win.
The fact that ebay pulled the ad and told you that you need not proceed is pretty well evidence something was wrong. You were told that had you already paid, you could put in a claim, so you should not have a problem if they honour their promise.
As for the seller. What a cheek. It is not up to the customer to know or guess soemthing is a fake, it is up to the seller to be honest in the listing. To describe something as designer sandals is to imply.. well, sandals by a designer name !! And if the ad included photos of the shoe, bearing the Christian Louboutin name, how were you meant to know they weren't?
Where in the ad did she list them as fake designer sandals?
This perception that if something was cheap then the buyer deserves to be swindled is just not fair.
on โ27-10-2014 09:00 PM
The fact that ebay pulled the ad and told you that you need not proceed is pretty well evidence something was wrong. You were told that had you already paid, you could put in a claim, so you should not have a problem if they honour their promise.
Unfortunately as items can be pulled by ebay for many reasons the fact it was withdrawn may act as supportive evidence that the item was fake, taken with the sellers admission for instance, for the Paypal dispute, they have to act within their terms and policies and the onus is on the buyer to prove the item is fake. I have given the best advice I can, which has worked for me, but a lot depends on who you talk to and if you have no luck it is worth calling back about 10 hours later when it is likely a different shift is working.
It is vitally important that if you are promissed a refund you note the time plus the name and employee number of the person who told you you would be refunded. They tried to deny they had ever said that to me but as I was able to quote date, time, name and employee number I got my refund.
on โ29-10-2014 09:07 PM
Had no luck with paypal. They had no clue! I had to ask to talk to a supervisor & still no good. Kept saying I had to return at my expense. When I explained they had admitted in their paypal messages within the claim that they were fake & did I really expect to get the genuine brand for that price, they were stuck for words. They said there was no evidence that they were counterfeits!!!!! I replied "so I can list a counterfeit item as long as I don't mention the designer's name in the title or body of the listing". Their reply was "If that's what you feel you have to do". Of course I told them "no I don't want to do that because that is wrong & against the law." They did agree to credit me with the cost of return postage but I still disagree with returning a countefeit item, who's to say they aren't going to relist. They go on about counterfeits and how strict they are about it but I find you can do little about it. There is a website called weallsave.com.au that sells Chanel no 5 for $39.00. They have heaps of bad feedback on facebook but they are able to block all of it. I have reported them to scamwatch & aca & tried to report to CHANEL themselves but unable to see how to do it. It leads me to believe that the designers don't really care that much & that it is just us consumers that are the big losers.
on โ29-10-2014 10:23 PM
I had no luck with paypal although they did agree to refund me the cost to post back to the seller. I had to ask to speak to a supervisor but still no joy! Even though they could see the message where the seller admitted that the shoes were fake they still said there was no proof because they were selling them as "designer". I said to them "so I can list a fake on ebay as long as I don't put the designer's name in the listing- their reply- "if that's what you feel you have to do". I angrily replied "no that's not what I want to do, that's against the law". I thought that they were right on to fakes, counterfeits whatever but that's apparently not the case! There is a website called weallsave.com.au that I have reported to scamwatch ACA to no avail. They are selling fake designer such as Chanel no 5 for $39. Tried to report to Chanel but can't see how to on their site.