Question regarding a bootleg item

[Anonymous]

So I had bought this item, when I received it it is clearly bootleg, it was verified by a legitimate store owner in my area. I contacted the seller and he claimed that he did not know it was a bootleg and he had phrased it through stores like EBay, amazon, etc. And he wants me to return it for a full refund. Now, I had previously dealt with a counterfeit item which I bought and it was counterfeit, and I agreed to send it back and the seller would refund me. So I sent it back the seller did not refund me and EBay states that you do not send a counterfeit back , you are to destroy it. So I told this seller that I can't return the item I am to destroy it as it is illegal and I want a refund the seller replies and says:

"If you can;t return it ,how can i contact my supplier for refund ?

I can pay the return shipping

I need to have it back and check myself"

So what do I do now?

[Anonymous]

I did not reread what I wrote apparently. I said I had previously bought an item about a month and a half ago and it was counterfeit seller asked me to send it back so I did. Now the current dispute I had said that I would send pictures and it would be obvious it is bootleg, the seller seems to ignore what I say and asks me to return it. I don't believe he will refund me he could go and sell it to someone else. So what do I do?

[pjcdn2005]

EBay states that you do not send a counterfeit back , you are to destroy it.

They may ask you to do that in some cases but as far as I know, that isn't a regular occurence.

The seller is offering to pay the return shipping so send it back with delivery confirmation. You could open a case now with Paypal who would likely tell you to return it for a refund...or you can wait and see if the seller refunds you once they receive the item. If they don't, you can open a case then and your delivery confirmation number would prove that the item had been returned so you would receive your original payment back. Because the seller can't be forced to pay for return shipping, I would ask the seller to send you money for postage before you mail the item back. He can do that through the 'send money' function on Paypal.

If the seller's feedback shows that this is a common problem with items that he sells...then I would open a case now.

[Anonymous]

See I don't like the fact that if i send it back to the seller I am contributing to counterfeit activities and the seller will probably re-sell it to someone whom doesn't think it's fake and he'll get his money through that. Is there not a way to send it to eBay and have them verify it and destroy it? The seller only has seven positives so I don't know if he is legit or not. His previous email was a bit suspect though. He says that he wasn't sure if its bootleg that he got it i off of EBay, amazon etc. so he doesn't know the source and then in his most recent email he would pay for shipping to send it back and have the supplier refund him. So he didn't know who the supplier is and now he suddenly does? A bit fishy.

[pierrelebel · Accepted solution]

"A bit fishy."

If it look like a duck... walks like a duck... quacks like a duck...

I suggest you file a claim with the Resolution Centre and let eBay advise you how to proceed to protect your interest.

[gifts_of_elegance]

If you are not happy with the product, then send it back for a refund.  I don't care what anyone says, the seller deserves to have it back. if  payment will be taken away from him anyway.

Who was the "expert" that said it was a fake and what qualification does he have?  Is he willing to put his opinion on paper and back it up with facts?  Would he swear to it in court?  Is he willing to compensate the seller if its proven that he was mistaken?

This is an area not to be tread on lightly.

I have been a Swarovski collector for over 25 years.  I must have had every piece made at one time or another.  For the past 9 years I have been actively buying and selling Swarovski jewelry and Crystal all over the world.  A few years ago I was visiting the Butterfly Conservatory in Niagara Falls.  They had a Swarovski display case and in it were some Swarovski paper weights with a blue butterfly.  I bought all they had, about 10.  I put them up for sale  and they were gone within a week to people all over the world.  Two years ago I visited Niagara Falls again, went to the Butterfly Conservatory to buy some more.  They no longer had any so they suggested I check in the Swarovski store at the Casino.  A pretty young lady offered to help me and I told her what I was looking for.  She picked up the Swarovski catalog, looked through it and told me in no uncertain terms, "There is no such Swarovski product."   "It is not an item that was authorized by us."  "You might have thought you were getting a true Swarovski but you were mistaken.".  "You have been mislead".   "It was not a genuine Swarovski."  "You got a fake".   Etc., etc., etc.  

This voice of authority speaking down to me had no idea what she was talking about.  She was a sales clerk, unqualified to make such statements.  She based them all on the fact that 1) they did not have one in their store and 2) it was not listed in the catalog of current items available.

[Anonymous]

This was a qualified retailer for 25 yrs. he had it tested even and the item had been repainted with cheap paints,. He could legitimately state in court that it was a fake. I'm a hobby enthusiast that had been painting custom figures since 2000. But my question was resolved anyway. This seller's account was suspended for selling counterfeit items and I got my money back. Ill be checking your store out some time. I collect coins, specifically Swarovski crystal coins:)