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Can I make a claim for a counterfeit item?

  1. seamonster Respectable Member Jul 2, 2013

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    Respectable Members


    Kindly advise, whether I can make a claim using eBay buyer protection program, if the buyer has stipulated in his description that he does not accept return.

    I believe I am not able to make a claim, 45 days after payment. Is this true?

    Only recently, I discovered the item sold to me, is a counterfeit.

    Thank-you.
     
  2. ulackfocus Jul 2, 2013

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    Yes, a counterfeit item supercedes any no return policy.
     
  3. seamonster Respectable Member Jul 2, 2013

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    Respectable Member ulackfocus

    Your advice is appreciated and is there a dead-line, since a friend told me, I will have to make the claim, within 45 days of payment?

    I only discovered the item is a counterfeit by chance, since all along my far-below average knowledge, assured me the item is authentic.

    Thank-you.
     
  4. JimInOz Melbourne Australia Jul 2, 2013

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    Dear Seamonster,

    I'm sorry to hear that you got a bad deal, however if the time is still on your side, and if you paid through Paypal, you may be able to lodge a claim.

    There are more details here

    http://pages.ebay.com.au/help/buy/paypal-buyer-protection.html

    Best of Luck

    Cheers

    Jim
     
  5. seamonster Respectable Member Jul 2, 2013

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    Respectable Member JiminOz

    I appreciate your advice and thanks for the link.

    I bought the item, on behalf of a friend.

    This is rather disturbing:

    "How long do I have to open a case?
    You need to open a case within 45 days of the PayPal payment.
    If you’re unable to resolve the case with the seller, you need to escalate the case into a claim within 20 days of opening the case."

    It is now over 45 days because I have just discovered it is a counterfeit, by chance only.

    Thank-you.
     
  6. Gavin It's the quiet ones you have to 'watch' out for. Jul 2, 2013

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    Respectable Seamonster,

    I can't help you much but hope that ebay will be able to resolve it for you in you favour. And if you paid on behalf of your friend, I do hope he does the respectable thing. Good luck.
     
  7. seamonster Respectable Member Jul 2, 2013

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    Respectable Member Gavin

    I appreciate your soothing words.

    Neither eBay nor PayPal will be able to help out, since I have only recently discovered the item is a counterfeit and the limitation period for eBay/PayPal protection of 45 days is over.

    I have contacted the seller and hopefully, the issue could be resolved, though very unlikely based on my previous correspondence with him. If not, I shall relate the whole episode in this forum and also another forum, so that it will be a lesson, for others to learn.

    The amount involved is relatively small and God will be the eventual judge.

    Thank-you.
     
  8. seamonster Respectable Member Jul 2, 2013

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    Respectable Member JiminOz

    Since I am not computer-savvy, a friend has helped me to try to find out, as to what I can do.

    As mentioned earlier, the 45 day-deadline has lapsed and we find this in the eBay resolution center:

    "The deadline has passed to open a case

    Unfortunately, your purchase is not longer eligible for eBay Buyer Protection since 45 days have passed since your payment was made but we encourage you to contact the seller to work things out. Most sellers want their buyers to be satisfied and will work with you.

    Seller's return policy for this item
    The seller doesn't accept returns for this item, but we encourage you to contact the seller first. If you can't reach an agreement, we're happy to help."

    Contacting the seller is going to be futile, since he vehemently claimed the item is genuine.

    However in the above, eBay says 'If you can't reach an agreement, we're happy to help.' What does this mean?

    Thank-you.
     
  9. adam78 Adam @ ΩF Staff Member Jul 2, 2013

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    Perhaps you should contact the true holder (manufacturer) of the item's copyright -- they might be very interested that a counterfeit of one of theirs is being sold on the 'bay, by a particular seller.
     
  10. seamonster Respectable Member Jul 2, 2013

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    Respectable Member adam78

    Yes it is a good suggestion and the item is a Rolex Daytona 18k deployant buckle. Tomorrow, I shall have a word with RSC Sydney, who I saw today. I will see what they can do.

    Soon, I shall relate the whole scenario in this forum, so that the vulnerable ones like me will learn, not to trust sellers with excellent feed-back, blindly.

    Thank-you.
     
  11. Trev The Architect Staff Member Jul 2, 2013

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    Where's the seller located?

    Credit card charge-back might be your best/only option here, if they're willing to.
     
  12. seamonster Respectable Member Jul 2, 2013

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    Respectable Member Trev

    I appreciate your advice and will talk to Visa, some time tomorrow.

    The buyer is located in the US and I made the payment via PayPal, on May 7, 2013. I did not suspect the item to be a counterfeit.

    I only come to know, it is a counterfeit when I posted a thread at the 'General Discussion' section of Rolex forums, asking members in the forum, what leather-band can be used with the Daytona deployant buckle. It was a shock, when I discovered one of the moderators transferred the thread to the 'Watch Out' section and on the spot, he pointed the item is a counterfeit. His opinion was supported by other members, there.

    I then contacted the buyer and he is real arrogant. He claims his item is genuine and I advised him, I would take the item to the RSC Sydney, for it to be attested, after the seller said it is impossible for moderators and forum members to conclude an item is a counterfeit, through pictures. Today, RSC inspected the item and confirmed it is a counterfeit. I informed seller of the findings of RSC and he alleged, I am a liar.

    Since I am not computer-savvy and do not how to lodge a complaint with eBay, via their resolution center. I then rang them up just now and the eBay gentleman in the US has helped me to lodge the complaint. He has kindly helped me to open a case against the seller, after reading the correspondence between the seller and me, though I am aware the eBay buyer protection scheme has lapsed. Whether I get a refund or not is a secondary matter but a complaint has to be lodged, as a matter of principle.

    I am trying to compile the correspondence between seller and me, and when ready I shall post in this thread.

    I appreciate the advice from respectable forum members here and also, you.

    Thank-you.
     
  13. seamonster Respectable Member Jul 2, 2013

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    Respectable Member Trev

    Back to your question, 'where's the seller located?'

    On behalf of my friend, I bought the buckle from a seller in the US. When my friend decided, he did not want the buckle, I honored the deal and did not make a request that the transaction be cancelled.

    Since the buckle is of no use to me and the payment came from a credit card, I sold it to my cousin for more than enough money to cover my cost plus shipping. My cousin intends to sell that buckle and he took its pictures only, while the buckle has all along remained with me. He then gave those pictures to one of his friends, also in the US, to sell it for him.

    When I discovered the buckle is a counterfeit, I informed my cousin and he subsequently informed his friend. By then the buckle was sold and before shipping it, his friend cancelled the transaction with the buyer. Surely, his friend is a gentleman, unlike the seller who sold the buckle to me.

    Effectively, that one buckle has two sellers and both of them are in the US. One is a gentleman, while the other has a deceptive character.

    Thank-you.
     
    citizenrich likes this.
  14. Privateday7 quotes Miss Universe Jul 2, 2013

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    Dear respectable member Seamonster,
    Please do share your experience here. One ultimate punishment for dishonest internet seller is if a credible forum or fora give strong negative recommendation. Google will put that record permanently in their search engine.
     
  15. X350 XJR Vintage Omega Aficionado Jul 2, 2013

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  16. seamonster Respectable Member Jul 2, 2013

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    Respectable Member X350 XJR

    I appreciate the link provided me. Are the laws in the US and Australia, the same? If so, when I go to the bank tomorrow, what do I tell the bank officer?

    Thank-you.
     
  17. seamonster Respectable Member Jul 2, 2013

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    Respectable Member Privateday7

    I appreciate your request. God willing, it will come sooner or later.

    I am very slow, since I am an 'expert' when it comes to the use of this amazing machine - computer.

    One good thing though, a report has been lodged with eBay. Apparently, they are taking this issue, quite seriously. I am sure they are aware of the monkey-tricks, around.

    Whatever the outcome is, I really appreciate the participation of respectable forum members, with their advice.

    Thank-you.
     
  18. cristos71 Jul 2, 2013

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    Sorry to hear about your situation, I'm afraid I don't have any advice, I only hope that you succeed in your attempts at recovering your money.

    Best,

    Chris
     
  19. seamonster Respectable Member Jul 2, 2013

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    Respectable Member cristos71

    I appreciate your kind words. God willing, with the advice of our respectable forum members, including you, I would be able to recover the loss. If not, at least this is a good lesson for me and maybe some others too, so that they will be wary when swimming in an environment, infested by sharks.

    eBay is a good place for hunting some of the better vintage-watches and other items but one has to be vigilante, all the time.

    Thank-you.
     
  20. ulackfocus Jul 2, 2013

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    Where did you get this counterfeit item from?