MBG Question: Seller Sent Fake Item, Refusing Return

[_sparkle_]

Hi everyone, I'm seeking some advice and reassurance. I solicited a seller for some items based on their current listings. Long story short, the seller posted a listing for me to buy the item (discontinued and highly sought makeup brushes). In hindsight, it was my fault for not requesting more photos.  Anyway, the brushes are fake (I know this because I already own an original). In good faith, I messaged the seller requesting a refund and offered to pay shipping to return the brushes (seller has No Return policy). Seller did not respond well: seller accusing me of scamming them and refusing to return. Seller has threatened to report me to eBay.

I have initiated Return (I chose "items not matching description") and received an automated response that the seller has 5 days to respond before eBay will help me.

Seller continues to send me messages and accusing me of scamming them; stating that I swapped the brushes (this is not true).

My question: if the seller reports me to eBay, does that affect my Return process and the MBG?

Thank you for taking the time to read my post and to respond.

[albertabrightalberta]

Once the timeframe passes and the seller doesn't accept the return or issue a refund, you can go to the claim and request ebay to step in. 

They will close the case in your favor issuing a full refund and the seller's account will be dinged for not resolving the case on their own. 

Have no fear; you WILL win.

[mtgraves7984 · Accepted solution]

My question: if the seller reports me to eBay, does that affect my Return process and the MBG?

@_sparkle_ 

If this is your only rodeo, you have no worries. Buyers who abuse the system may eventually be affected, though.

You've taken appropriate action. Good luck moving forward.

[fairdeal*lb]

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@_sparkle_ wrote:

My question: if the seller reports me to eBay, does that affect my Return process and the MBG? 

 No, your protected. 

[redmodelt]

There is no need to communicate with the seller from this point on. The Money Back overrides any no returns the seller may show in the listing(s). No returns does not mean no money back. In 5 days if seller has not refunded or sent return postage have eBay step in. The seller can try to report you but buyers hold the cards and will not affect the MB. 

[lakefor94]

Seller is trying to bully you. Just follow thru with your return.

Watch for a prepaid shipping label in the return interface.  If the seller accepts the return and there is a shipping label provided, use that to return the items.  The tracking number should be listed in the return.

When the seller receives the return they will have a few days to issue the refund.

If the seller does not respond to the return, you can ask eBay to step in.

[ms.rodriguez*]

If seller bullies you one more time, tell them that you are going to report him and ask ebay to read ALL of the emails that he sent you.  You will also ask Ebay to read his other emails to other buyers to see if he is being nasty to them too.    Then do NOT communicate with him after this last email.  Wait the required time that Ebay told you in the case and if no refund,  ESCALATE the case and you will be refunded.  Once you get the refund, you can toss the brush in the trash can.

[_sparkle_]

Thank you to everyone who responded! You've helped me so much with feeling more at ease about the process. I'll post an update after I've finished the process. 

[_sparkle_]

UPDATE:

I wanted to post an update on my process so far. Seller waited until the 5th day to accept the return. I was emailed the shipping label. I promptly mailed the item back which was delivered to seller's address today. Then I got an email stating that the seller contacted Customer Service asking eBay to review the case and that my return is placed on hold. This is the status on my eBay page: "eBay Customer Support has placed the case on hold until Sep. 5 to allow time to provide additional documentation."

I received another email stating that my case is on hold and that I will receive an update by 9/4 but that I need to send additional information. I'm not sure which email they are referring to?

If anyone can help clarify, that would be great. I'll also probably try contacting Customer Service. Thanks in advance and for reading.

[lakefor94]

Bumping this post to the top.

Is the seller just delaying the inevitable?

[ma-647837]

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@_sparkle_ wrote:

I received another email stating that my case is on hold and that I will receive an update by 9/4 but that I need to send additional information. I'm not sure which email they are referring to? 

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Ignore that alert, @_sparkle_. 

eBay is going to email your seller for proof that they are stupid, but copied you on the alert to watch for that email.

[_sparkle_]

Thank you so much for this clarification! I think you're right. I chatted with an eBay representative yesterday and she reassured me that eBay did not need anything more from me. She mentioned that eBay is "working" with the seller to issue my refund. 

I'll post a final update once this whole thing is done with.

Thank you all again!

[_sparkle_]

FINAL UPDATE:

As you all had mentioned, the return process did prevail. The day after I received notice about my return being on hold, I received an email from eBay stating that they went ahead and refunded me. From the wording of the email, it looks like the seller accused me of damaging the returned items. In any case, I wanted to post a final update that I was able to get my refund. Thank you to ALL who posted me reassuring advice. 

[deathawaits1993]

I have found no clear answers to this and am dealing with something similar I would advise taking photos of what you received from the seller and find a picture of what the item was supposed to look like send an email as proof to prove it is fake with both photos attached call eBay explained the situation and they will open a return request that you are not required to actually return eBay actually has a policy that they are required to follow by law if the item can be proven fake misleading or counterfeit a return request must be opened by the buyer is not required to return the item as the item is proven fake and is up to the buyer to choose how they deal with it this is awkward because eBay has no just flat out refund options only returns so you think you still have to return it but in truth you actually don't it's actually a federal crime to sell and support the business practices of selling fake items eBay can actually face criminal charges for supporting it and probably actually be taken off line by the federal government the law prevents them from forcing you to return the item on a count it risks other customers falling for the same scam 

[deathawaits1993]

With the crackdown of piracy and bootlegs lately I heavily advise sellers to stop selling bootlegs unless there is currently no physical copy of said item as this is considered counterfeiting and by law even if eBay finds favor in the seller doing it they can still get in trouble criminal wise even eBay them selves are not powerful enough to take on the federal government technically by defending sellers doing this eBay can find them selves facing similar charges against the right customer who has proof