Received fake item; not as described.

[jluelf]

I recently purchased a set of "Brand New" Bose QC35 headphones for around $300USD. The seller disclosed the seal on the packaging had been broken but didn't say anything else. Alright then,

Fast forward to today, where I receive a FedEx shipping box with 0 padding and the supposed headphones just shifting around inside. I opened it up to find a very obviously counterfeit box (nothing on it at all except for a couple pictures, no serial number or anything) along with a laughable **fake** carrying case. No warranty cards, paperwork, etc. Inside the carrying case was the headset, which I can only assume is legitimate by the looks of it. It turns on and functions normally. Now, I opened a return request stating the above and provided pictures. I'm wondering what to do if the seller denies it, seeing as he listed the item as "no returns." Again, he listed the headphones as being in new condition and the pictures he provided depicted an original retail box with all included packaging.

Thanks,

John.

[retroman_studios · Accepted solution]

Seller can't deny the return. If he does, you ask eBay to step in and they refund on sellers behalf.

Seller also pays shipping in this case.

Keep us up to date on the case and we can help you with any questions or issues.

[jthi3833]

I had a similar issue with a airbrush machine.  I was able to provide proof that it wasn’t new and/or in the original packaging. Customer service was amazing. They told the seller that they had to refund my money and pay  for the return shipping.  They also gave a deadline for the seller to work on those conditions.  Bose is a well known brand. They would never sell an item in that condition.  You have provided proof of this.  The seller has to follow the policies, so even though he says no returns, he has to abide by ebay rules. If the seller refuses, then ebay will pay you back and take the money back from the seller.   I have started to video tape opening packages for any expensive items.  This way I can always prove how the seller sipped the item and what was inside.

[a52split]

 Let me get this straight.  You think the headphones are the genuine article, but the packaging looks fake.  You want to do a return because the junk you're going to throw away anyway looks like it's counterfeit.

Is that about right?

[retroman_studios]

He was told that it was new condition but opened. Which is a very dangerous ledge for a seller.

Instead he opens a package to find a loose pair of headphones knocking around an empty box. If the seller couldn't be bothered to pack it honestly, what else would go wrong? The seller has already lost the trust of the buyer. The headphones could very well be fake, they are getting better at replication.

I say the customer is fully in his right to demand a return and refund.

[momcqueen]

I sympathize fully. As a buyer, I’d not want these. Was the image in the listing a Catalogue image? Or did it look like something a casual seller would take and upload? Product Catalogue images are not supposed to be utilized for Used goods.

[reallynicestamps]

@jluelf 

@jthi3833 

The Resolution Centre is at the bottom of this page.

The Dispute would be Not As Described.

The first suggestion is to Contact the Seller.

At this point the seller could send a Return Shipping Label and when he gets your unwanted purchase back, refund you in full.

But that is a suggestion. Not a command.

If you have already been in touch with the seller to no avail (and all you want from him is the return shipping and a refund), you can skip that step, ask eBay to step in and Escalate to a Claim.

This is where many sellers go wrong.

No Returns does NOT mean No Refunds.

If the seller refuses to send Return Shipping*, eBay will find for the buyer.

If the Seller refuses to refund, eBay will refund the buyer then go after the seller for their money. And the seller gets a *shudder* Defect.

EBay may provide the buyer with a Return Shipping Label, or not. There doesn't seem to be any Best Practice on this when eBay is forcing the refund.

If eBay provides the RSL, the cost is also charged to the seller.

The buyer really is not required to 'prove' anything. Which drives sellers crazy.  
But it seems to me (as a seller) that when we read details of a seller's tale of woe and mistreatment, more often than not the seller was determined not to be helpful, antagonized an already unhappy buyer and it cost him.
I was going to say 'he learned' but again all too often it is apparent he didn't.

This is not to say there are not scammers on the buying side. But most people really are honest.

A disagreement is not a scam.                                                                   

I have started to video tape opening packages for any expensive items.

This is both unnecessary and pointless.

The return of the unwanted goods with tracking is all that is required of the buyer.

I mean, if it makes you feed more comfortable, go for it. But no one at eBay will ask for this or ever view it.

Same goes for taping packing and shipping by sellers.

*And you can help a US seller out by letting him know that he can send a Canada Post label using Shippo who offer these.