Scammed. The hair dryer came fake

[justyndomaradzk8]

 I was scammed. I ordered a hairdryer that was supposed to be a Dyson. In the photos, there was an original with 4 attachments and the description said it was a Dyson. Instead, I received a fake with the letters "dyson" glued on and only one attachment. I saw the same hairdryer for £30, not £90. I reported it to eBay, but they replied, "We looked into your report and didn’t find the listing to be in violation of our policy. This determination was made by a customer service agent." It's completely not the same hairdryer as in the advertisement

[tressygirl · Accepted solution]

eBay cannot act on one message from a buyer,  as this could be from a competitor trying to ruin that seller's selling account,  or even from a disgruntled buyer.  eBay act on the number of cases opened,  returns made, they then can act with selling sanctions even selling bans.

Are you within 30 days of the item's last estimated date for delivery?  Then,  proceed this way.

You have received an item not as described,  go right of the item in your Purchase History and from More Actions select... Return this item selecting the reason Item Does Not Match Description or Photos.

The seller needs to accept this case within 3 days and refund,  if they want their item back first , they need to pay for that fully tracked return postage, then on receipt of their item they have 48 hours to refund you.  If they don't ,  need to escalate the case,  ask eBay to step in, and they'll force the refund.

Never listen to any excuse or promise from the seller to close the case early,  and do not forget to escalate.

@justyndomaradzk8 

[jckl1957]

To add to that good advice, the Dyson Company always say (something like) 'If you want a Dyson, buy from Dyson'.

Like most high-end products, there are lots of fakes out there.

[red_magpie]

Your mistake was to "report" it as a fake. What you should have done was to use eBay's money back guarantee. Which hopefully you can still do. eBay's response to MBG cases for actual delivered items is entirely different, and they will support you.

Otherwise, eBay does not act on reports of counterfeits from ordinary users, quote: "Only intellectual property rights owners can report eBay listings that infringe on their copyright, trademark, or other intellectual property rights".

Instead, eBay suggests that members should get in touch with the rights owner (in this case, Dyson) and encourage them to contact eBay.

So the customer support agent who replied was simply following eBay's policy, see: https://www.ebay.co.uk/help/policies/listing-policies/selling-policies/intellectual-property-vero-pr...