Buyer says item is fake & has opened a case, I originally purchased the item from ebay,

[hywel5576]

Sold a used boss t shirt for under £20 including postage, buyer says it is fake & has opened a case, I know ebay will find in the buyers favour, however, I originally purchased this item from ebay, so my question is can I sue ebay for allowing fakes to be sold on their site ?

[tressygirl]

Nope you cannmot sue eBay,  well you can take them to court if you have a lot of money spare and to lose.

eBay is a selling platform  they obviously cannot check items for being fake or not.  They of course do not condone it  as it is illegal to sell fakes abywhere in the UK.  Hence they have their 30 day MBG,  guaranteeing a buyer  a full refund if they do purchase a fake. 

Escalating cases gives a  seller defects,  and it does not take too many to boot a seller off eBay permanently.

You have to fully refund your buyer,  and do so within 8 days,  so they do not escalate,  and you do not receive a defect.

[hywel5576]

We all know that ebay favours buyers over sellers, & that I cannot Leave negative feedback for a buyer, but they can leave negative feedback for me as a seller, I am asking if this practice is legal ?

[ruby*tuesday]

Read the Feedback Policy by Typing 'Feedback ' into Help and Contact at the top of the Page. EBay are Unregulated and can stipulate their own Terms and Conditions.

[tressygirl]

eBay removed the leaving of negs for buyers over 12 years ago it became tit for tat, even some sellers hlding buyers to ' ransom' unless they changed feedback.

There is nothing to neg this buyer , they bought the item in good faith from you , and they found it to be a fake.

You bought it in good faith from your seller, had you realised it was a fake, you would not have sold it on, and could have claimed a full refund under that 30 day MBG.  You would not have deserved a negative for doing that!

[tsmgmd]

What about you selling a fake item to your buyer

[tressygirl]

I think the first time this poster realised the item was fake, was when their buyer claimned it to be, and asking for a refund.

Well I hope I'm right in thinking this!

[hywel5576]

Sorry we only have the new buyers opinion the item is a fake, what’s fake is the buyers use of fake just to abuse the return & refund system, when I purchased it I was sure of its authenticity.

[rusticrye]

And we only have your word that it isn't fake. Which is why the item's authenticity is totally irrelevant. Ebay can't get involved in 'he said, she said'. All they can legally do is ensure that a buyer can return an item for full refund when they claim not as described, as per their Money Back Guarantee (which you effectively agreed to comply with when you registered your account). Read it for yourself (it's on every listing and in various other places across the site).

If you dig your heels in and refuse to comply, the buyer will escalate the case to Ebay, which they can do after 8 full days, and Ebay will automatically refund them in full without the need for return, or supply them with a tracked returns label at your expense. And you'll get a damaging defect slapped on your account for failing to comply. This may sound unfair, but it's the fairest it can possibly be. The MBG is actually a very good thing, as without it you'd be lucky to sell anything at all. In fact, without it Ebay would probably no longer exist.

So accept the return, and refund in full on receipt. If you receive back something other than you sent, or in a condition other than when sent, Ebay can't help you with that as they can have no idea what you actually sent or received, as they were not there when sent or received, but you can of course take legal action against the buyer. Come back for further advice if necessary.

@hywel5576

@tressygirl 

[tressygirl]

If you are sure of its authenticity, then accept the return ( you have no choice here by the way , seller fees and defects follow if you don't). receive your item back. Once the situation in the World is a safer , nicer place, take the item to a registered seller / dealer have them authenicate it.

You will then know for yourself, and if not a fake, decide whether to keep or try to resell it.