I bought a counterfeit item, but Ebay have refused me a refund/ return to seller, saying 'This item

[pauls987]

Hi all,

I unfortunately bought a set of counterfeit Beats headphones to use for spares on my genuine headphones.

In particular i wanted the circuit board and speakers. 

It was very clear that they were fake, as the circuit board was blue, when all genuine beats boards are black, the speakers did not have the beats logo stamped on them, the internal rechargeable battery was not an AEC 350mAh but a generic battery with no markings, and there is no model or serial numbers stamped on the right side slide arm.

28/4/20 - I opened a return request, added clear pictures of this and an explanation to the seller.

2/5/20 - The seller responded 4 days later and opened a case with ebay, stating ' I purchased them on eBay for £89 stating they were 100% genuine? I have all the proof on my eBay. So if they aren’t genuine then that’s ebays fault not mine' 

4/5/20 -  the case was put on hold by Ebay, saying 'We have sent you an email requesting further information to allow us to investigate your case. Please provide this information before May 9, 2020 to assist with the process.'

No email was sent to me, and there was no way to add info/details to this notification, so i searched on here for advice and sent a message to customer support including the case number - 

5/5/20 - 'I have not received the email to provide proof?

I don't know how to reply to this?

Please help

Kind regards

Paul'

6/5/20 - Ebay customer support replied -

'Thank you for reaching out and i'm sorry to hear this transaction is not going smoothly.

I will place your case on hold for 5 days and send the seller an email asking them to facilitate the return.

They can either buy a correct label and send it to you, send you money via PayPal to send the item back or arrange a courier to come collect the item.

If the seller does not arrange the return, we will be closing this case in your favour. This is the sellers last opportunity to get their item back, if they don’t do this in 5 days you will be refunded, and you will not need to return the item.

If you don't hear from the seller in 5 days, please let us know and we can resolve this for you.'

9/5/20 - Email from ebay - Case ***** has been closed.  'We're not able to give you a refund. This case is now closed' We're sorry you had a problem with your purchase. However, this item isn't covered by the ebay money back garuantee. After reviewing all the details of this case, we determined that you won't receive a refund.

10/5/20 - The case was resolved.

I am amazed that Ebay have sided with the seller?

Please help if anyone has any suggestions?

I have gone round in circles and can't find a way to speak or communicate with a person?

Thanks

Paul

I have found a couple of bits about counterfit goods - 

Counterfeit item policy states - 

• Counterfeit products are illegal and not allowed on eBay. Examples include:

  • Fakes, copies, or replicas of brand name items (for example, a shoe with the Nike name or logo that wasn't made by Nike)

  • Electronics or accessories that use or bear the brand name, logo, or trademark of a company that didn't manufacture the item

  • Bootleg recordings from concerts or other live shows

  • Unauthorised or pirated copies of movies, videos, or software

Prohibited Items

On its policy page, eBay points out which items are prohibited from their listings:

• Backup or archival copies of software

• Bootleg recordings from concerts or other live shows

• Counterfeits, fakes, or replicas of brand name items (for example, a purse bearing the Chanel name or logo that wasn't made by Chanel)

• Counterfeit electronics or software

• Counterfeit replacement parts that weren't made by the manufacturer

We don't allow counterfeit items or unauthorised copies to be listed on eBay.

Items that bear a company's official brand name or logo can be listed, as long as the products were lawfully made by, for, or with the consent of that company.

Unauthorised copies may include items that are bootlegged, illegally duplicated, or pirated. These items may infringe on someone's copyright or trademark.

[pauls987]

Thanks for your reply red magpie.
I just spent 30 mins replying very precisely, for it not to post?
I did pay via paypal.
Order placed on Fri, 24 Apr 2020
Payment method - PayPal
Payment date - Fri, 24 Apr 2020
Delivered - 27/4/2020
I'm sure i selected 'Doesn't match description or photos' although i did hover over 'doesn't seem authentic' from the pull down list when requesting a return, through either 'my purchase history' or from the actual order summary?
I definately did not put 'change of mind return request' as i had read up on here.
'What you should have opened was a case under eBay's money back guarantee? Did you do this?' Sorry, I don't know? How is this different ? I have been going through my emails/messages and all they say is 'you requested a return' Nothing else?

[pauls987]

Hi John, i think it was 'doesn't match description or photos'
I didn't know there were different types of case to open?
I requested a return on 28/4/20 and seller opened a 'case' on 2/5/20.
4/5/20 - Ebay sent me an email to my Outlook account, saying they had put the case on hold until 9/5/20, for me to respond with evidence, to the email they had sent?
I didn't get that email, so replied to the email telling me of the case being put on hold and about this email asking for information!
'Hi,i haven't received the email asking for further evidence?
Unless i am to reply here?' Then detailed some of my evidence. X2.
5/5/20 - Not feeling confident that they would get that email, i messaged Customer services via customerhelp_uk@ebay.com. Headed - : Avoiding seller fraud
6/5/20 - Serena, from eBay Customer Support replied saying the case was put on hold for 5 days. Putting the onus on the seller. '
'If the seller does not arrange the return, we will be closing this case in your favour. This is the sellers last opportunity to get their item back, if they don’t do this in 5 days you will be refunded, and you will not need to return the item.

If you don't hear from the seller in 5 days, please let us know and we can resolve this for you.'

May. 9 :The case was resolved. against me? 3 days after saying 5 days put on hold?

[pauls987]

Hi corred, thanks for your reply.
I was within the time limit and am sure i opened a 'not as described' case, but have just received an email with a bit more information.
Hello Paul,



Thank you for getting intouch with eBay regarding item NOT WORKING. Beats by Dr. Dre Solo3 Wireless On the Ear Headphones - Rose Gold (*****************) that you requested to return for refund. I would like to help explain why this was closed on the seller's favor for clarity.



Reviewing the case, it got closed on seller's favor as it was noted that seller received the item altered which was also captured on eBay messages that you bought this item to use for spares.



An item intended to be returned for refund should not be altered which diminishes the thought of the return process. Items should be returned unaltered or made faulty so that if seller refunds, they still have a way to relist the item for another potential buyer. This is part of the Distant Selling Regulation hence both parties should know.



I hope the above information was useful.

There you go!

Well once i received the headphones, i knew they were fake. The plastic and finish was really cheap. I watched a video 'Fake vs Real Beat By Dre Solo 3 Wireless Headphones JoesGE', who seemed to know his stuff.
The fake ones were 7.1 oz instead of 7.6 oz, there was no model or ID number on the side slider. So i knew by then. The right side case had been taken apart before and not clipped back in fully. I wanted proof by checking the circuit board colour, which as shown in my pictures to the seller, was not black, but blue!
I took and attached 7 pics showing it was fake, to the seller.
She opened a case saying i'd broke them more, and that i feel, is what lost me the case?

I've stripped and repaired (mainly rewiring with old BT communication cable - much easier to solder) double figures of Beats solo 2 headphones and can strip and put together these headphones as new.

I've had enough of it now. It seems to be a bit more frequent, these days, that i get fleeced. I'm semi retired now and am getting so disillusioned with how the world is going!
I've been stressed and unhappy for 3 days now, for the sum of £17 ish!
I stilll may use ebay, but i am pretty angry that they swept the counterfeit angle under their proverbial carpet!!!
I won't be re-selling the fake headphones, but may pass them on to Beats for them to destroy?

Thank you for your replies,

Good luck
X

[corred · Accepted solution]

@pauls987 

Reading the information you have given there are a number of areas which may give rise to the eBay decision

First the timescale,eBay only offer their Money Back Guarantee for 30 days from purchase

Second, has the item been tampered with in any way to discover the item was counterfeit as it is a requirement that items must be returned in the condition they were received

Third, did you open a not as described case or a simple returns request

Finally for me at least have you got any evidence in writing from either the manufacturer or Trading Standards that the goods are indeed counterfeit

[red_magpie]

Your otherwise very detailed question omits the three items of information we most need.

Did you pay by PayPal, which is a condition for eBay's money back guarantee?

What was the date of this purchase - and if possible, the date of delivery?

What sort of case did you open? "I opened a return request" sounds like an ordinary, change of mind return request. What you should have opened was a case under eBay's money back guarantee? Did you do this?

However, your later transcripts sound as though you opened an MBG case?

EBay's closing comment, that the item isn't covered by eBay's MBG, suggests that you may not have paid by PayPal.

So how did you pay? If by cash, PO, cheque or private bank transfer, you're not covered. If by credit or debit card, your payment will have been processed through PayPal anyway. This means that PayPal's 180 day buyer protection policy applies. However, you will need to open a Paypal account - if you don't already have one - and then contact Paypal customer support for advice about how to claim.

[john1297576]

You say you opened a RETURN request "I opened a return request". By that do you mean "Not As Described" as a Return Case is mainly for Change of Mind, which you would almost certainly lose. As you have lost it tends to mean you opened the wrong case.

[ruby*tuesday]

If Case is Closed and the Head Phones weren't covered by the EBay Money Back Guarantee sorry you are at the end of the Road. Nothing you can do unless a UK Business Seller? If so get Legal Help from Citizens Advice.