Fake/Counterfeit goods

[neddycowbag]

A seller on eBay sold me fake Apple headphones, admitted in writing to me that they were fake and the goods were disposed of by Apple in the UK when I took them to check why the quality was so poor as they were clearly fake. Not only did I not get a refund, eBay refused to remove the listing or the the seller or refund me. Now the seller has my money and is openly mocking me on messages because he has scammed me and eBay are siding with the seller. How is this 'buyer protection' and how can eBay knowingly profit from fraud, fake goods and illegal sellers? Surely the profit from counterfeit goods is illegal?  Surely knowingly allowing fake goods which breach copyright laws is also illegal? How are  they getting away with profiting from crime? Do not buy from, the good are fake.

[tressygirl]

Why didn't you get a refund?  If you buy a faulty or fake item you have 30 days from the item's last estimated date for delivery to open a case for item not as described,  and escalate on day 4 if not refunded beforehand for a guaranteed refund, was this not completed?

Not only is the above essential to follow correctly for your full refund,  this case and if others do the same too many cases for this reason,  and full refunds given,  raises red flags to eBay and that's when sanctions or bans happen.

@neddycowbag 

[neddycowbag]

I did all of this, eBay refused to refund so I have no money and no headphones. Reported as fake, the seller SAID they were fake, eBay refused a refund or to remove the listing, or remove the seller. I guess as long as they are making their money, they really don't care about their customers OR the law, only the scammers and fake sellers. 

[plpmr]

That will happen if you fail to return the item, or in your case, produce the Apple letter to eBay.

[tressygirl]

Something went wrong, you either did not escalate on time,  or didn't open the case on time.

  A seller cannot close a case for item not as described,  but it can time out and close if you do not escalate.

@neddycowbag 

[jckl1957]

The OP did not have the item to return - they were disposed of by Apple UK.

This is poor selling from a bad seller, but really does show that you get what you pay for.

[neddycowbag]

eBay closed the case in the seller's favour despite everything being on time and done properly AND there being indisputable proof that they were fake, including an admission from the seller. eBay profiting from crime and siding with criminals.  Not the first time it's happened either.

[red_magpie]

Do you have the option to appeal the case?

Somehwere in eBay's money back guarantee policy it states - or used to state - that where the buyer had documentary evidence that an item was counterfeit they may find in their favour without the item having to be destroyed. I don't have time to check now, but if it still states this and you have documentary evidence from Apple you might still be able to appeal eBay's decision.

Failing this, you could contact your payment provider e.g. credit or debit card issuer, if that's how you paid. But again, as you are unable to return the item you would certainly be required to provide evidence that the item was counterfeit. However, admissions by the seller will almost certainly have to be supported by an independent source, presumably Apple.