Reported item that is counterfeit

[invigilator-007]

I purchased what was described as a 1 oz precious metal silver coin on Ebay but when it arrived it was a copy/fake/counterfeit base metal lookalike and not silver. I used the Report Item tag on the sellers page but immediately received an email telling me their AI had looked into my report and didn't find the listing to be in violation of the policy. 
There is no way to appeal this in the email they sent,  yet the item does violate the policy as it clearly says that Ebay does not support the sale of counterfeit items on it's platform.
I believe there should be a way for buyers to report illegal items that Ebay humans should review such repoprts instead of relying on artificial inteligence to decide wrongly.

[plum993]

Your not alone,as many reports  do not get removed,either by staff or AI sadly.Nothing we do about it when this happens I'm afraid,only make sure we reported under the correct headings and continue to report where listings fail to comply as some DO get removed.

You do know you can open a return request to return the item as not as described within 30 days of the estimated delivery date,https://www.ebay.co.uk/help/buying/returns-refunds/returning-item?id=4041

[**peaseblossom**]

Open a "not as described" return to get your money back and leave appropriate feedback.     That's the best way to warn other buyers.

[tressygirl]

There is a way.  If this seller is selling many of these items,  the way it's flagged up to eBay and eBay then step in to remove the seller from their site,  is for those buyers to open item not as described item cases. If this becomes a pattern, eBay act , and seller and their items removed.

If yours was the only report coming through via that report button on the lsiting ,  eBay cannot do anything on one report,  which may even be coming from a competitor.

So if you haven't done so already and are in time to,   proceed this way:

You have received an item not as described,  so you are guaranteed a full refund under eBay's 30 day MBG,  Money Back Guarantee policy,  if you claim within 30 days of the item's last estimated date for delivery.

You then go right of the item in your Purchase History,  and from More Actions select Return this item,  selecting the reason...  Item Not as Described.

The seller has 3 days to accept the case,  if they don't ,  you need to  escalate on day 4,  or within 30 days,  and eBay will step in and force the refund.

If the seller wants the item back first,  they need to pay for a fully tracked return postage.  On receipt of their item they have 48 hours to refund you.  Again,  if they don't,  you escalate the case.

Do not close the case early for any excuse or promise the seller may give,  and do not forget to escalate.

[plpmr]

if there's nothing in the listing showing/proving the item is fake how could eBay take action?

[invigilator-007]

They would know when I reported it to them using the Report Button on the listing as they obviously have several as it's a buy now listing.
 I reported it as fake but the AI just replied saying it is not violating the policy. 
What I am asking though is how to appeal the AI decision?

[invigilator-007]

Thank you for that answer. It does seem although there are policies to restrict certain items that do not pass the policy being sold,  Ebay ignores them, even when they have been reported by a buyer who has been scammed during their purchase, which I did do. 

[red_magpie]

Ebay does not support the sale of counterfeit items on it's platform.

eBay even warns buyers in the user agreement that "they do not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions".

Would have bought a silver coin from a shop that carried this warning? Sadly, almost no-one bothers to read it even though it's in the second paragraph.

Assuming that you paid by a qualifying method and are within the 30 day time limit to open a case, you should have no difficulty in returning it for a refund under eBay's money back guarantee. We don't know whether the seller is in the UK or abroad, but if you're asked to post it abroad please first ask here for advice.

To see eBay's money back guarantee: https://pages.ebay.co.uk/ebay-money-back-guarantee/ngle.

[invigilator-007]

Thanks, I did that earlier today. The seller wrote back asking me not to leave negative feedback and they have refunded the purchase on that condition without me having to return the item !! I feel I should still leave negative feedback to warn others if Ebay is not going to take the fake items they sell down. 

I thought I was making my purchase from Poland as that is the address on their account but item came from China. If I had known that then I would not have even made that purchase.

[invigilator-007]

Thank you for all this info. You have all been helpful.
I did do the item not as described  reason to return and the seller came back with a refund without wanting the item back so at least i don't need to bother with all that messing about. They sent another email asking me not to give negative feedback as they have refunded me. As I said to peaseblossom up above, I think I should still leave negative if it warns others off. Is that the way to go forward?

[john1297576]

You have a refund, as seller broke ebay rules by selling a fake,  and from what you say gave wrong location, you are entitled to leave negative feedback, but do not say too much, so that seller cannot get it removed. It is probably unlikely that they would wish to involve ebay in view of their illegal activity.

Failure to leave negative feedback would mean you are condoning their fakes.

There is no point in arguing with ebay, they cannot just take your word and as they never see the coin/s they cannot possibly know they are fake.

I have tried to report fake postage stamps , it is obvious from the picture that the code printed on the stamps is identical, genuine stamps all have a different code, but ebay in their wisdom do not remove the ads. 

As with so many ebay rules they seem to have given up trying to enforce them.

[invigilator-007]

Thank you, and yes it must be Ebay have given up removing items that flout the policies. 
It is a shame though as for the buyers it is giving Ebay a bad name in this respect of not removing fakes reported to them.  It is a horrible feeling finding out you have been done. 
I have just looked on the seller's account again and see that they have pulled everything off sale at the moment but the account is still there. Their feedback is down to 66.7% but was 100% when I purchased. Out of just 3 feedback comments that they have, one is a negative feedback (not mine) says "Fake coins not silver because silver is not magnetic !" so I am not the only one then. Oh, and they have been a member since 19th February this year. So it looks like they will just start a new account and carry on with their racket. Their location has changed from Poland to China. Maybe Ebay have intervened with this account tonight, but I am unsure as they haven't said anything to me, not that I expect them too.

[invigilator-007]

Thank you.