Bought collector trading cards, turned out fake. Is seller covered if listing never said "official"?

[the_green_flash]

I bid and paid for collector photocards from a seller. Listed prices were in line with resale market price. I got them and could tell they were fake after examining the front/backs (I have different versions of the cards from the same series). Seller does not accept returns.

When contacted, the seller said that they did not list them as official and that it's not their fault I mistook them for official goods. The cards themselves are bad copies of the official collector cards (imitates cards exactly in images/fonts/graphics, but in low resolution/not CMYK printed).

The seller thinks they are covered because they never mentioned official in the listing,  so item is "as described".  The cards I received are "unauthorized copies" of a copyrighted item, so the seller shouldn't have listed them in the first place. Am I likely to get my money back if I file a claim to return the item? 

[pjcdn2005 · Accepted solution]

The seller is wrong. If you received an item that it is not authentic you are entitled under the Money Back Guarantee to get your money back.  Open a return request using the reason that the item was not as described or not authentic  The seller will have to pay for return shipping. 

[femmefan1946]

The Resolution Centre is at the bottom of this page.

The first suggestion is to Contact Seller.

You've already done that.

Ask eBay to step in and escalate your Dispute to a Claim.

The seller will be told to send you return shipping.

If he doesn't you will be refunded.

If he does, when the tracking shows they have been returned, you will be refunded.

You have 30 days from delivery to open a Dispute.

You have 60 days from purchase to leave appropriate feedback. The most effective feedback is calm and factual.

You may also when the dust settles, report the seller to the publisher of the real cards.

Most companies are testy about crooks selling counterfeits of their products.

[blue.side.shop]

Whoops, wrong post. Nothing to see here...

[the_green_flash]

Thank you very much for the reply.

I have submitted the request for return for my entire order under "item inauthentic" with detailed up-close photos (comparing the auction items to multiple other cards in the series). The seller immediately replied saying that they had only listed them as photocards and that comparing them to other cards is not proof of inauthenticity.

I will wait the 3 business days then escalate to eBay resolution.