Warning to Buyers – eBay’s AI Ignored Clear Counterfeit Evidence.

[mansiep2012]

I want to warn other UK buyers about a serious issue with eBay’s new AI-driven case reviews.

I bought a “Brand new, genuine Tom Ford Noir Eau de Parfum” for £85.22.

Before purchase, I asked the seller to confirm authenticity — he lied, saying it was genuine.

The item I received was clearly fake: wrong cap, missing batch code, poor-quality glass & incorrect branding.

I submitted detailed photographic evidence, yet eBay’s AI system sided with the seller & even my appeal was rejected.

The seller only offered a £40 refund & he wanted the fake item back (hardly surprising).

This breaches eBay’s Counterfeit Item Policy and undermines the Money Back Guarantee. Counterfeit goods are illegal under UK law and shouldn’t be returned to sellers.

Buyers deserve real protection and human review — not automated decisions that let counterfeiters profit.

EBay, get your act together & please fix this.

This is a disgraceful treatment to purchase on genuine buyers of good through your website!

PS:- in my collage of pictures the fake bottle is always on the left & my genuine empty bottle is on the right for comparison . Please also see the eBay sellers correspondence & lies.

[red_magpie]

It's unusual for eBay to refuse a money back guarantee claim. Normally cases seem to be found automatically found in the buyer's favour, with the onus being on the seller to appeal.

Did you perhaps not follow the procedure correctly in some way? The most common mistake is to open an ordinary return request, which as your seller had a no returns policy they would have been entitled to refuse.

Or if you resisted returning the item, even a money back guarantee case would have failed. eBay is unlikely even to have attempted to verify whether the perfume was authentic. Buyers almost always have to return the item concerned before eBay will issue a refund. An exception is, or was (I haven't checked recently) when a buyer provides independent documentary evidence that the item was counterfeit. This was hardly ever used as it's so much easier for buyers to return the item using the prepaid label that the seller is required to provide.

[plpmr]

adding to the advice already given -

Exactly what did you do as it's impossible to lose a not as described case if you follow the rules?

Unfortunately your neg feedback can be removed if the seller askes eBay as you indicated you have opened an eBay case.

Slip up on the rules and you will lose.

[jckl1957]

From the opening post and the feedback left, the buyer refused to return the item.

No return, no refund.

I do understand why a buyer would not want to return an item they believed was fake, but taking the moral high ground can come at a cost.

[mansiep2012]

Hi,

Counterfeit goods are illegal under the Trade Marks Act 1994 & cannot be resold or returned to seller.

EBay know this & are ignoring it.

They are hiding behind AI decision making & nobody will look at this from a human perspective.

The seller had a no refund policy on his counterfeit goods.

He has only offered a refund of £40 on an item costing £85.22p, but insists on receiving the goods back.

Which is hardly surprising, when he has committed fraud & wants to get rid of the evidence!

ufauowugxhkeczbv

[mansiep2012]

Hi,

This isn’t taking the moral high ground.

Counterfeit goods are illegal under the Trade Marks Act 1994 & Consumer Protection from Unfair Trading Regulation 2008.

Counterfeit goods cannot be resold or returned to the seller.

I will be reporting this to Trading Standards & I will be using the evidence to support my case.

I will be providing photographs; screenshots; the sellers details & of course original physical evidence of the counterfeit item that I have been sold.

Trading Standards will then investigate & liaise with EBay directly.

This is what laws are designed to do to protect the consumer.

EBay & their Artificial Intelligence case handling team are bang out of order from a UK legal standpoint.






ufauowugxhkeczbv

[tobiasd4]

Ebay MBG says you open item not as described case, seller supplies returns label, you return for full refund.

If you want to report to Trading standards, that is your right, but ebay won't get involved with that.

[mansiep2012]

Hi,

EBay will be involved in that because if they don’t they will be failing under dereliction of duty to their consumers.

UK laws are there for a reason.

If EBay choose to ignore them at their peril that’s their choice.


ufauowugxhkeczbv

[*vyolla*]

It's nigh on impossible for a buyer to lose out on eBay.

What route did you take to pursue a refund?

Did you open an eBay return and select 'doesn't match description or photo'?

I've noticed in the negative feedback you left for the seller that you say "Seller denied it, then demanded return before refund, which risks non-refund".  I don't understand why you thought that might mean you don't get a refund? You would've got a full refund of your original payment. 

[tobiasd4]

You didn't buy from ebay, it was seller using the site to advertise on.

If TS have an issue, they need to contact seller.

[mansiep2012]

Hi,

Every route possible.

1) Refund.
2) Appeal.
3) Advert report for counterfeit goods.
4) Feedback report.
5) This forum.
6) Reporting seller to EBay Trust & Safety Team.

As a very proud Ebayer myself with a spotless account since 2012, I find this position that I am facing totally preposterous.

ufauowugxhkeczbv

[papso22]

If you want to get a refund through ebay you have to follow their money back guarantee process.

If you want to pursue the counterfeit issue without using the money back guarantee,  that's entirely your choice.  That could include reporting the seller to Trading Standards.

[*vyolla*]

---

@mansiep2012 wrote:
Hi,

Every route possible.

1) Refund.
2) Appeal.
3) Advert report for counterfeit goods.
4) Feedback report.
5) This forum.
6) Reporting seller to EBay Trust & Safety Team.

---

Let's try and find out what went wrong: What happened when you opened the eBay return and selected item doesn't match photo or description?

[plpmr]

"I will be reporting this to Trading Standards" 

Unless things have changed trading standards don't get involved with a private seller.

[mansiep2012]

Hi,

My original appeal was declined & Ebay refused to take down the sellers original advert.

EBay’s position has now clearly changed?

Just had the following report from EBay & I have removed the Item Reference ID & mention of the sellers name to avoid breaching EBay policy.

Thanks for reporting the content you found to be problematic on our site.

We’re looking into it now. We’ll let you know once we’ve reviewed it and provide you with details of any decision that we make.

We wanted to let you know that when eBay makes a decision based on your report, the user who provided the content may have a right to appeal. If they successfully appeal, we may be legally required to reverse our decision and any resulting actions.

Thank you for being part of the eBay community.
Thanks,

eBay




ufauowugxhkeczbv

[*vyolla*]

---

@mansiep2012 wrote:


My original appeal was declined & Ebay refused to take down the sellers original advert.

---

What were you appealing?

Did you open an eBay return and select the 'doesn't match description or photos' and it was found in the seller's favour so you appealed that decision?

[mansiep2012]

Hi,

Yes I did & EBay’s AI told me my appeal had been rejected.


ufauowugxhkeczbv

[papso22]

Are you sure you didnt just report through the listing itself?

As has been said previously,  buyers don't lose claims made properly  through the money back guarantee. 

[tobiasd4]

When item not as described case is opened, it is automated.

If seller does not provide returns label, you escalate on day 4 & ebay  sort.

Looks like you just reported listing.

[*vyolla*]

---

@mansiep2012 wrote:
Hi,

Yes I did & EBay’s AI told me my appeal had been rejected.


ufauowugxhkeczbv

---

It doesn't sound like you did open an eBay return for 'doesn't match description or photos' . If you did, your seller had 3 business days to issue you with a returns label. If they didn't then you could've used the 'ask eBay to step in' link. 

If you had to appeal, what was the reason that eBay gave you for closing the return in the sellers favour?

[red_magpie]

UK laws are there for a reason.

Yes they are, but eBay is not a law enforcing authority. It's just an online sales portal.

If you want a return or refund through eBay, you have to follow their policies and procedures. 

eBay's own buyer protection is in addition to your legal rights. You're free to take a seller to the small claims court, although the outcome is uncertain and you could incur further costs and losses.

It's possible that your payment provider e.g credit or debit card isuer may still be able to help. But like eBay, they too will probably require the item to be returned.

[mansiep2012]

Hi,

What would you do if you spent £85.22p after you had been made redundant from your employer & you found that EBay found in favour of a seller committing fraud, with a listing that said the article in question was genuine?

And where in advance of bidding for it & being successful that you asked the seller if it was genuine because of your recent redundancy & where the seller replied to you with “Yeah genuine and in cellophane wrapper” before your winning bid?

What would you do when the seller also told you “I checked the batch number on the base of the outer box and I was told by the aftershave check web site that it was genuine”.

Would you chase after the bank you paid it through for a refund when EBay were at fault?

When it’s hardly the financial institution’s fault for EBay allowing fraudsters to sell fake items on their website, passing them off as genuine goods & then deciding to protect the seller rather than the buyer?

And what would you do when you followed all the correct procedures as an EBay member of over 13yrs standing with a 100% selling & purchasing rating & you received an automated Artificial Intelligence appeal reply that stated the following?

A decision was made on the listing you reported


Hello,
Thanks again for reporting the listing(s) you found.

What happened:
We looked into your report and didn’t find the listing to be in violation of our policy. This determination was made using automation or artificial intelligence.

If you reported content that isn’t listed below, we’ll send a separate email once we’ve made a decision.

Your reference ID:

Here are the listings you reported that are included in this decision:
If you believe a mistake has been made, we’re here to help. You can appeal this decision through our internal appeals process within the next six months, and we’ll take another look.
You may also have the right to have this decision reviewed under the applicable laws by a competent court or settlement body.
Thank you for being part of the eBay community.
Thanks,

eBay

Please don't reply to this message. It was sent from an address that doesn't accept incoming email.






ufauowugxhkeczbv

[*guinevere*]

What would I do?

On finding my item wasn't genuine I would use the MBG to open a return using the reason: Not as described to make sure of getting my money back. 

[mansiep2012]

Hi,

I have received the following response from eBay:-

The sellers original listing has now been removed for a policy violation.

This return is now a case.

You asked eBay to step in & help on 18 Oct. Customer service will review the information you provided & provide details on their decision within 48 hours. Please review the case details for additional information.

ufauowugxhkeczbv