Bought a fake item & stuck in a dilemma

[bedi1988]

I bought an item from an ebay seller 3 weeks ago & am really happy for 2 reason.  First problem was that I didn't receive my package (we're in the same city).  I was given a tracking # but it showed that package was never handed in.  I then asked where my item is & got a very late reply stating that the item was lost, and I could either wait till he gets more of the item in stock or I could get a full refund.    By this point I realized the item was fake after contacting another buyer who stated she got a fake item on his feedback.  So of course I said I want a refund.  Well no reply again.. until 5 days later where the seller is now saying the package is on its way and I will get it in a day.   

I don't believe the item was lost firstly, just never handed in for some reason.  Second, we agreed on a refund & he randomly sends it and lets me know afterwards.  I have a dispute open that I escalated yesterday with paypal about not receiving the item.  But now that it arrived today to my UPS ( still waiting pickup ) ,  I'm not sure where I stand. Should I wait until tomorrow (after I pick up the item) to declare that it's a fake, or should I do it now just incase paypal decides to close the case  since delivery was attempted?

Since the seller is hardly putting any effort in answering my messages, I don't have the option right now to reject it or send it back (his listing said he accepts refunds within 30 days after receiving).

Thanks everyone.

[femmefan1946]

There are two issues here. Slow shipping  and possible fake item.

The seller shipped well after the 7 days his eBay Seller Protection allows, but since the item is now awaiting pickup, he did eventually ship and the item is available to you. If the Paypal dispute was for Not Received you will lose because there is tracking that shows delivery was attempted.

The second question is authenticity. You cannot know whether the item is real or fake without inspecting it. You have the word of the  seller against that of another buyer. You don’t know either of these people, although the seller at least has a track record in his feedback and Detailed Seller Ratings.

If you pickup the item, and examine it, you may find the other buyer was wrong. Leave appropriate feedback and Detailed Seller Ratings for the slow shipping. The lowest Rating is ONE.

If you find the item is fake, you can change your PP dispute to Item Not As Described. PP will require that you return the item to the seller with Confirmation of Delivery. UPS is probably your best bet for this, but also check the price of Regular Parcel and Expedited Parcel. Use whichever is cheapest.

And again, leave appropriate feedback and  Ratings.You have 60 days to do this.