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!