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 ?

[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.