what do i do if the item i received is counterfeit?

equestrianbit
Community Member

Ordered a DS game for my daughter and when it arrived it's a poorly made fake. What do I do, it doesn' t even fit in the DS properly. Can I get a refund? Do I contact ebay or the seller?

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Re: what do i do if the item i received is counterfeit?

What is the item number so I can lok at listing before making suggestions

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Re: what do i do if the item i received is counterfeit?

you can file an item not as described claim in paypal.  But you should contact the seller first and see if they will refund you for the game or request that you send it back to them.  As a ds player I didn't even know that there were fakes available?  Good to know, I will have to be more diligent when I purchase from now on...

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Re: what do i do if the item i received is counterfeit?

leb17
Community Member

Hi...

First contact the seller (through ebay email system), keep emails for future references.

"IF" seller isn't cooperate in resolving your issue then file a SNAD (Significally Not as Describe) claim with PP (PayPal) through the "Resolution Center" that is located on your ebay Summary page.

NOTE: You have ONLY 45 days from time of payment to file.

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Re: what do i do if the item i received is counterfeit?

leb17
Community Member

Oooops...sorry forgot to add ... if you file the SNAD claim follow PP instructions.

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Re: what do i do if the item i received is counterfeit?

In the case of a counterfeit item,PayPal may or may not require you to return the item to the seller before issuing the refund. They may also require you to send the item to another address. Whatever PayPal decides is what you do. You should be ready to provide proof to paypal that the game is counterfeit.
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Re: what do i do if the item i received is counterfeit?

Hello 'equestrianbit',

That sounds like a 'not as described' dispute, and you have 45 days in which to file it.  Ebay/paypal often requires people to provide proof that an item is fake because there is no shortage of people who 1) will cry 'fake' to get refunded when they have simply changed their mind, and 2) cry 'fake' because they really know very little about the product they are buying and cannot possibly say whether an item is genuine or not.  So here is the link explaining what to do about it, - see Section 4:

http://pages.ebay.ca/help/buy/item-not-received.html

 

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Re: what do i do if the item i received is counterfeit?

Hello Dmil8030,

actually any seller that puts a refund option policy on their listings can have anything returned even if the reason is the buyer just changed their mind.

"If you accept returns, a buyer can return an item for any reason, including when they change their mind about a purchase. However, you can specify the conditions required for return—for example, if an item must be unused, unopened, or in original packaging.We encourage you to accept returns—it helps increase buyer satisfaction."

 

so even if it's not a fake the buyer still has the option of returning something if the seller has offered that option.  This is important and why I don't offer returns because in the crafting community people photocopy patterns and then want to return the orignal especially if it was purchased at a high price.  I had put no returns on paper products but then saw that saying you offer returns means you can't say no to the return of any items including paper ones.

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Re: what do i do if the item i received is counterfeit?

 

"Actually", Isis1313, what the phrase means is merely that a seller is free to offer lenient terms of return, as indicated in the first line.  It is taken from here:

http://pages.ebay.ca/help/policies/selling-practices.html

So you see, "actually" it does not mean if you accept returns for one reason, you must accept returns for any and every reason.  This is "actually" explained by the second line whereby sellers can impose conditions and limitations.  All dvd sellers do this when they accept returns but only for defective discs.  Obviously they are not consequently required to accept returns for buyer remorse.

This is butressed by the later statement entreating sellers to, <<Consider offering "100% Satisfaction Guaranteed—returns accepted, no questions asked" in your Additional return policy details to drive your sales.>>  Clearly, then, a seller who accepts a return for one reason is in no way required or expected to willingly accept a return for any reason, not according to ebay policy.

The policy goes on to point out that, <<Even if you specify that you don't accept returns, a buyer may be able to open an eBay Buyer Protection case for eligible items if ... the item doesn't match the listing description,>>  adding the weighty reminder, <<that your seller status ... and search visibility may be affected by the number of open cases and closed cases without seller resolution.>>

More important, however, is ebay's protectionist position regarding their return policy, as evidenced by the assertion, <<Sellers are always required to accept a return if eBay determines that the item was significantly different from what was described in the listing,>>  which can be found here:

http://pages.ebay.ca/help/sell/return-policy.html

In addtion, buyers are told if the item <<doesn't match the seller's description, your purchase price plus original shipping may be covered by the PayPal Purchase Protection,>> as seen here in Section 4:

http://pages.ebay.ca/help/buy/item-not-received.html

So whilst you may believe you have closed the door on all returns, one need only insist that a page was missing from the book.  You will then be accepting a return, quite apart from whatever you have suggested as your personal policy.  As the saying goes, "If you accept paypal, and you must to sell on ebay, then you accept returns".  Sellers who insist on 'no returns' may instead find that the buyer is not made to send the item back, and will get to keep both your item and the money.

Officially, there are 2 reasons for refund cases, - 'Not Received' and 'Not as Described'.  "I've changed my mind" is not one of the options that ebay is willing to entertain as a reason to force a seller to refund.  At the same time it is not that difficult for a buyer to find something 'wrong' with an item and open a claim.  But as ebay frankly states, - open cases are bad for your selling record, and lost cases are even worse.  Hence, they encourage sellers to accept returns.

It is therefore that paypal may require a buyer to show demonstrable proof that an item is fake, simply because to make an unjust and unwarranted accusation against a legitimate vendor because the buyer has "actually" changed her mind is not a sufficient reason to open a claim against a reluctant seller.

Thus, according to ebay policy a seller is not required to accept returns for a buyer who has changed her mind.

 

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Re: what do i do if the item i received is counterfeit?

If you wish to see the paypal-specific version, -

Reasons that a seller is not covered by seller protection includes, among others: <<You've received a claim or a chargeback, and the shipped item is found to be significantly different than it was described.>>  Note is says "is found to be", and not, 'is alleged to be':

https://www.paypal.com/ca/webapps/mpp/security/seller-protection-learn-more

And in Section 2 of the following, paypal outlines all the 'official' reasons for a buyer to return an item for refund:

https://www.paypal.com/ca/webapps/mpp/security/safe-online-shopping

Again, "I've changed my mind" is not on the list.

 

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