Counterfeit item received. Seller cancelled purchase so I can't leave feedback?
Hi there!
So I bought a somewhat expensive(relatively speaking) retro video game on ebay from an experienced seller in Japan and, to my dismay, received a counterfeit. I noticed that the label seemed too new and I verified that the item was fraudulent upon opening it up. This required a screwdriver with a security bit. I took photos and started a conversation with the seller who told me to return the item. They said that they purchased it from a shop and that they did not forge it themselves.
I would like to give them the benefit of the doubt so I sent them a polite reply expressing my sympathy that they had also been affected by this situation. I also stated that it is illegal to export and/or import counterfeit products that infringe upon trademarks registered in both of our countries so a return would be impossible. Told them that I would be happy to work together with them and eBay customer service to resolve the matter but that I did expect a refund as the item was not what had been described. The seller promptly cancelled the purchase and gave me a full refund.
Considering that I got a refund and the seller claimed to have bought this from a 3rd party before selling it on eBay, I do not feel justified in leaving a negative review. That being said, as the seller is continuing to sell more of the same item under the same listing, I wanted to leave neutral feedback that explains how I received a fake and was refunded without issue. At least then other buyers might be warned to more closely scrutinize their purchase because, at the very least, the seller was not able to spot a forgery on their own.
Does anybody know what eBay's stance on this is? As the purchase was cancelled, I cannot leave feedback so I'm curious if that was the correct way to handle the issue by the seller. While I do hope that this is all an innocent mistake, it does strike me as a bit fishy. Probably because counterfeit merchandise stinks to high heaven.
What's your opinion? Should I just be happy that I got my money back and move on? Should I bring this up to eBay support?
Thanks for your time!
kalyoth
·3 years agoReport the seller here: Report a Seller
toomuchstuffagain35
·3 years agobtw - it is NOT illegal to RETURN a counterfeit.
ms.rodriguez*
·3 years agoThat is not what my post office says. Counterfeit items are not supposed to be sent through the mail. You do not want to send it back to the seller and then they relist it or sell it elsewhere. Once you get your refund, destroy the item and toss it in the trash.
myangelandmyprincess
·3 years agoWithin the US it is only illegal to transport for gain. So shipping a return doesn't qualify as that you can return items within the US that are counterfeit for your money back.
It becomes more complicated with international and customs gets involved but even if it gets stopped by customs and not delivered you'd get a refund in accordance with eBay policy.
toomuchstuffagain35
·3 years agoWell fwiw, this is a ploy scammers have been known to use.
Claim an item is counterfeit then also claim they are not 'allowed' to return it.
subcogitate
OP3 years agoI'm unsure of the laws surrounding domestic returns and purchases. You may be right about that. However:
Section i of 18 U.S. Code § 2320 made it pretty clear that to export such items from the U.S. is considered a violation of section 42 of the Lanham act. (15 U.S.C. 1124) https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-1999-title18-section2320&num=0
Furthermore, according to Japan's Customs Act article 69-11 part 9, goods that infringe patent rights, utility model rights, design rights, trademark rights, copyrights, copyright neighboring rights, etc... shall not be imported. https://www.kanzei.or.jp/kanzei_law/329AC0000000061.en.html#c6s4ss2a69_11
This means that if US and Japanese customs are correctly identifying and handling every single parcel as described in the law, the item should be confiscated without reimbursement. Of course, that would be near impossible to do in situations like this. Could I have sent back the counterfeit item and had it successfully get back to the seller without a problem? Probably. I chose not to, and did the research to back up my decision.
You bring up an excellent point though. What is stopping scammers from claiming that what they received is counterfeit, even if it is legit?
myangelandmyprincess
·3 years agoYou should see the transaction here to leave feedback if it's been within 60 days
https://www.ebay.com/fdbk/leave_feedback
subcogitate
OP3 years agoThank you! I'll check once that time has passed.
subcogitate
OP3 years agoActually, it's already there. My bad. Thanks again!
soh.maryl
·3 years agoNo -- you misunderstood -- you do not wait til 60 days have passed and THEN try to leave FB.
You have to leave it within the 60 day period.
subcogitate
OP3 years agoYes, thank you! I did notice after my first reply that I had made the mistake and was able to leave some FB.
bonjourami
·3 years agoIm glad you were made whole, but I would have been very hesitant to buy from that seller with his poor feedback.