Does seller get punished by selling fake items?

[testuser_2018]

I recently bought a “New and OEM DEWALT” battery and it turns out to be a fake one. 

This is so disappointing  because this is the first time I bought the fake one from EBay with ~OEM price.

I wonder is there a way to have seller punished? 
I know it is fake by comparing the output power and run time with known good one, and the battery feels lighter. Ultimately I can take it apart to show the proof if needed

[katzrul15]

The Buyer Money Back Guarantee covers you to return this item, at no charge to you, for a full refund.

Go to your order

Select Return

Reason: Counterfeit or Does Not Match Description

A label will be emailed to you.  Ship it back.  Get a Refund in Full

[dnasilver]

"punished" why would you want them punished? Maybe it has all the markings just like a real one does and your seller got ripped off by someone else. Maybe it is real and you are mistaken. Punished, seems kind of extreme. Why not just follow the return rules eBay has put in place and move on in life?

[lamber9347 · Accepted solution]

You have a money back guarantee on this platform, so all you have to do is return for a refund. Caveat emptor applies for online sales. Seller may have made an innocent mistake, not everything in life is nefarious. There are millions of individual sales on eBay in any given day, no one will be interested in looking at your proof of a fake battery. Send it back, get your refund, and move along. Best of luck to you.... 

[luckythewinner]

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@testuser_2018 wrote:

I recently bought a “New and OEM DEWALT” battery and it turns out to be a fake one. 

This is so disappointing  because this is the first time I bought the fake one from EBay with ~OEM price.
I wonder is there a way to have seller punished? 

---

eBay does not know the battery is fake, and they are not going to pay someone to inspect it.

So in order for the seller to be punished, you must do that by filing a "not as described" dispute and forcing him to refund you and take a return. 

[collectfest]

I would look at other items they are selling as well as their sold items, if I KNOW most to all of their items, they are selling are fake I would inform proper authorities, not just eBay. Then I'd let it go. It's not my job to, so call, punish anybody. 

I am referring only to vintage or antique items. As to new products I would have zero insight.

I'm getting older and a lot of products are re-branding so the item looks a bit different to me. As a result, I have to be very careful assuming things may be "fake". There is a big difference in a seller who is just selling things he picks up at a garage sale and organized crime. 

[dhbookds]

Under Ebay rules, a seller has to pay postage on a Not as described item........so it's going to cost him.....and if too many items are returned, there could be further penalties....so he doesn't get off scot-free.

[radio741]

@testuser_2018  Hello, you can very easily ask for a return label and the seller must provide it. Then you will get a full refund for your purchase without losing any money. By asking for punishment, well, that is beyond what I can advise. I suggest that tou do not take the battery apart for 3 reasons: 

1) chemical exposure 

2) May explode depending on battery type 

3) Seller will not accept it if you break it apart ( commerce rules ) Must be in the condition you have received it. If you make it pieces they may not accept the return and you will lost the money

[testuser_2018]

You are right. I guess I just got much upset on this as this is the first time I got a fake item by paying the OEM part price.

I’ll take the advice and just get it returned an refund 

[testuser_2018]

Thank you for the reply, yes I think I’ll let it go now. I have requested return.

[atirdrop]

Hello, I agree with Rockstar you should not assume it is a fake and you should engage the seller and if you are not happy with it. Be fair it may not be a fake - it maybe a refurb and they were not aware.

[coolections]

@atirdrop 

This is a month old topic but to reply to your comment it was a battery. No refurbished item, but fake item.

[crowntoolscorpcom]

I know what you feel. For this reason eBay is losing buyers, the truth is that they should do something against these sellers. I recommend that you report the seller to eBay.
Once you open a claim, they reimburse you quickly and they will leave you the batteries so that you cannot give feedback. they win on people who don't realize they are fake and don't file a claim within 30 days. NOTE If the seller has his feedback as private, it is because he is hiding something.

[simply-the-best-for-you]

Zombie thread from April.