Item purchased from eBay is a fake - where to go from here?

[brigden]

I recently purchased a North Face down parka on eBay for more then half what the item actually retails for. While browsing the various North Face auctions it struck me at how many there actually were. Anyway, dollar signs got in the way of better judgement and I bid on, and won, one of the items I was interested in. You can view the original auction here.

I received the item in only a few days via UPS. Upon opening the package it quickly became apparent that the jacket was a fake, a replica. The build quality was not up to scratch and several of the logos and other identifying materials were either missing or in the wrong place.

I have contacted the seller via email explaining, in a polite tone, my dissatisfaction, and have yet to receive a reply. I'm going to give him until tomorrow evening, when I will send him a second email, this one less polite and more threatening (check second post for email).

I have reviewed eBay's Fraud Protection Program and filing a complaint with them will be my next step unless I sort this out with the seller informally.

I would like to know if any of you have had experience with this sort of thing? Assuming the seller refuses to refund my money what is the likelihood I will be reimbursed? Does eBay fulfill their promises or am I SOL?

 

[brigden]

Chris,

You have not replied to my previous email requesting you accept a return on the item purchased:

http://cgi.ebay.ca/ws/eBayISAPI.dll?ViewItem&item=2875259955&category=15677&rd=1

I am extending you an opportunity to resolve this situation cleanly and avoid any potential unpleasantness.

It has come to my attention that the item purchased is indeed a fake, and although you made no explicit claims to authenticity, you did not indicate the item was a replica, either. As you may or may not know, you are in direct violation of eBay policy, The Replica and Counterfeit Items Policy.

I would like to resolve this informally and quickly. Failure on your part to comply with my requests will result in pursuit of action through formal channels, such as filing a complaint with the eBay Fraud Protection Program and, ultimately, contacting law enforcement.

I trust I won't need to pursue these actions. If a refund is issued in a timely fashion I will gladly leave positive feedback with your account and we can simply leave the situation behind us.

I look forward to hearing from you.

Sincerely,

Jeremy Brigden

 

[beer]

What did you pay with? If you paid with paypal, email them NOW, they will take the money out of the sellers account immediately.

 

[brigden]

Yes, I paid via PayPal. Who should I contact?

 

[isekii]

let me know who to contact as well.
i need them to take care of something for me.
a person i bought something from is being flakey.

 

Originally posted by: brigden
Yes, I paid via PayPal. Who should I contact?

Here you go: What is the buyer complaint process?

 

[isekii]

did that

 

[brigden]

I'm not ready to form a formal complaint. However, should I chose to do so, do I file with both eBay and PayPal? Also, I used my American Express card to pay via PayPal, do they offer any protection?

 

[iwearnosox]

Originally posted by: brigden
I'm not ready to form a formal complaint. However, should I chose to do so, do I file with both eBay and PayPal? Also, I used my American Express card to pay via PayPal, do they offer any protection?

Brigden you need to do a formal complaint, it's appropriate. It will guarantee the highest odds at getting your money back as paypal will place the amount in question in "escrow" until resolution.

 

Paypal generally protects the buyer vs. the seller in such situations. File with both Paypal and eBay, and you'll likely get most if not all of your funds back.

 

[MercenaryForHire]

Originally posted by: brigden
I'm not ready to form a formal complaint. However, should I chose to do so, do I file with both eBay and PayPal? Also, I used my American Express card to pay via PayPal, do they offer any protection?

File complaints with everybody. If this guy jacked you for US$150, don't hesitate to screw him from every angle possible.

- M4H

 

[iamme]

wow, i didn't even know they made fake nort face jackets

but then again, they make fakes of everything else...

 

[lizardboy]

I've been through this. File with both PayPal & your credit card company. PayPal is worthless, if you receive anything close to what was described in the auction they won't do sh1t. Your credit card company, on the other had, will kick ass and take names for you.

 

[lizardboy]

If he doesn't respond to your 2nd e-mail you should also leave very specific, negative feedback.

 

[lizardboy]

You should also turn him in to DirecTV if you really want to fvck him over.

http://cgi.ebay.ca/ws/eBayISAPI.dll?ViewItem&category=39803&item=3064209844

 

[brigden]

The second email has been sent.

 

[Yossarian]

Originally posted by: brigden
I trust I won't need to pursue these actions. If a refund is issued in a timely fashion I will gladly leave positive feedback with your account and we can simply leave the situation behind us.

Under no circumstances leave a positive! The seller is trying to rip you off, even if you get your money back leave a neg. as a warning to other buyers.

 

[brigden]

Originally posted by: PipBoy

Originally posted by: brigden
I trust I won't need to pursue these actions. If a refund is issued in a timely fashion I will gladly leave positive feedback with your account and we can simply leave the situation behind us.

Under no circumstances leave a positive! The seller is trying to rip you off, even if you get your money back leave a neg. as a warning to other buyers.

I'm not going to leave positive feedback, that was just bait.

 

[brigden]

Only two minutes after sending that email I received his response. He says he will refund my money once he receives the jacket. Should I send the jacket first, or demand my money immediately. To be fair, in his eyes I could just be trying to rip him off.

 

[Wuffsunie]

Originally posted by: brigden
Only two minutes after sending that email I received his response. He says he will refund my money once he receives the jacket. Should I send the jacket first, or demand my money immediately. To be fair, in his eyes I could just be trying to rip him off.

Hell no!! Don't send it until you have your full refund. You'll never see the money or hear from him again if you send your stuff first. Just keep up the complaints through ebay and paypal and your credit card company.

 

[Looney]

Originally posted by: brigden
I'm not ready to form a formal complaint. However, should I chose to do so, do I file with both eBay and PayPal? Also, I used my American Express card to pay via PayPal, do they offer any protection?

You go the American Express route, and all your Paypal accounts and assets will be frozen.

 

[isekii]

Originally posted by: Moralpanic

Originally posted by: brigden
I'm not ready to form a formal complaint. However, should I chose to do so, do I file with both eBay and PayPal? Also, I used my American Express card to pay via PayPal, do they offer any protection?

You go the American Express route, and all your Paypal accounts and assets will be frozen.

hm.. remind me to change my cc to american express.

 

[brigden]

Originally posted by: Moralpanic

Originally posted by: brigden
I'm not ready to form a formal complaint. However, should I chose to do so, do I file with both eBay and PayPal? Also, I used my American Express card to pay via PayPal, do they offer any protection?

You go the American Express route, and all your Paypal accounts and assets will be frozen.

Really? You have experience with this?

 

[Ichinisan]

I purchased a Logitech Netplay Controller from celticlegend1981 and received it months later. The seller never sent a single email or any sort of contact whatsoever, despite my multiple attemps to contact him/her. I was relieved when I received the item, so I left appropriate Neutral feedback: "Received item in excellent condition (late). No contact or feedback from seller."

Then, finally, a sign of life from celticlegend1981: "Complaint: Can't say I'd recommend this guy." (Negative)

What the hell? Retaliatory feedback! And I did the bastard a favor by not leaving a negative rating! I later came to find that he had left many, many retaliatory feedback comments for other users. The bastard already had lots of negatives for the same problems he gave me, but he decided to be immature and RUIN my flawless record.

Pretty disappointing that my first non-positive comment results in this sort of behavior. It destroys the whole concept of a "feedback" system.

Back to your experience...MOST Game Boy games and ALL "import" DVD's on eBay are counterfeit.

 

[screw3d]

Regarding counterfeit stuff on eBay, there are plenty of counterfeit DVDs on sale from foreign countries and sadly, people still bid for it. The problem is, the counterfeits are sometimes so well made that you wouldn't be able to tell the difference until you have the original to compare side by side.

Being someone from Southeast Asia myself, I can tell you that original DVDs there are much more expensive than it is here (i think at least 2-3 times more). If they are selling it for $10, I can tell you immediately that it's counterfeit.