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Buyer claims genuine, correctly-sized item is fake — eBay says I'll likely lose despite evidence
Summary: hardorebruh describes a situation where a buyer of Adidas trainers claims they are counterfeit due to a sizing issue, despite evidence showing they are genuine. The buyer has escalated the issue, with eBay support suggesting that the seller might still lose the case even if they decline the return. red_magpie and *vyolla* advise that declining the return could result in the buyer retaining the item with a refund, and suggest using eBay's process for reporting misuse of the Money Back Guarantee, though it might not change the case outcome. Participants generally counsel accepting the return to avoid additional penalties.
Buyer bought Adidas trainers listed as UK 12 (label, box, and tag all confirm this). After receiving them, buyer says they run small, demands a return. I have no-returns terms (except damaged/not as described) stated on my listing, per eBay policy.
Buyer then escalated to claiming the shoes are counterfeit due to the sizing "issue," threatening Trading Standards; I have a receipt from an official Adidas store proving they're genuine. Buyer opened a formal return request citing "defective," with photos of stitching but no size labels. When I laid out the evidence, buyer replied only with insults and no proof.
eBay support said I can accept the return (via label) or decline and risk a case likely ruling in the buyer's favour despite my evidence.
Question: Anyone had a similar case where eBay sided with the buyer despite them having no real evidence? Is it worth declining and fighting this, or should I just accept the return (using a locker, not my home address) to cut losses?
Thank you all in advance!
*vyolla*
Mentor2 weeks agoThere's nothing to be gained by declining a return, the buyer may end up with a refund and the trainers.
Buyers have 30 days to return an item that they consider is not as described under eBay's Buyer Protection/Money Back Guarantee, and if your buyer has already opened or opens an eBay item not as described return, they'll be required to send it back to you for a full refund of their original payment, and you'll need to provide them with a pre-paid returns label (if you don't provide a label, the buyer can escalate the dispute and get one from eBay, who will re-charge you for it).
You will get a defect against your selling account if you don’t accept the return and the buyer escalates the dispute to ask eBay to step in, which they can do after 3 business days.
Once you get your item back, if you feel that your buyer has misused eBay’s Money Back Guarantee you can use the Report Buyer link next to the item in your My eBay. This likely won't affect the outcome of the return case though unless your buyer has past form of doing this.
red_magpie
Mentor2 weeks ago · EditedeBay support said I can accept the return (via label) or decline and risk a case likely ruling in the buyer's favour despite my evidence.
What they didn't add is that if they find in the buyer's favour, as you have not sent the buyer a return label they will likely also let the buyer to keep the item as well as the refund, and penalise you with an account defect.
IMO it is scandalous that unlike it's handling of payments, which is regulated by the Financial Conduct Authority, eBay's corporate structure means that its money back guarantee is unregulated. There is therefore no right to any independent appeal against eBay's decisions - which the user agreement requires us to accept.
By contrast, buyers have multiple opportunities to challenge eBay's decisions. They can additionally claim refunds through PayPal or their credit if debit card issuer, in every case with a right of appeal to the FCA if they dispute a decision.