Buyer had item a month, now says it's fake and "highly illegal"...

[lymo_64]

I sold an older LV item that came from an estate sale recently. Before I listed it, I did a lot of research to at least make my own self comfortable that it wasn't an obvious counterfeit.  Had it been, I would have never listed it, that is NOT how I roll. I've found multiple sales of a the same and similar (different colors) here that go back months and all referenced that it was an "older" piece. I also saw a couple sold on outside sites that said the same. It had plenty of bids, too. 

Buyer has had item nearly 4 weeks now and has today decided that they *believe* it's not authentic and want to know how I can prove to them it is real. They flat out called it "highly illegal" to sell. While I agree with that notion, she doesn't even know that it is fake, she just wants me to prove that it is real. Shouldn't these concerns have been raised before now? Short of paying someone to authenticate it, that is simply not possible. I would only consider doing this if I had it back in my hands and in the condition I sent it (which was near perfect). 

For the record, I've offered a refund upon return, but I have a feeling she isn't really wanting that. I went back through her FB... she's left 4 negatives for "fakes" and used that "highly illegal" term there, too. I can't imagine why anyone one keep buying higher end items here if they got "ripped off" so much. I know I would not. 

I have an otherwise perfect record and there was zero intent to do anything wrong on my part. I will refund if I get it back, but I already have a bad feeling... and why did it take so long to decide that it wasn't authentic?! 

Any advice from the more seasoned vets here is greatly appreciated. Thanks!

[books...forthememories]

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@a*river*runs*through*it wrote:

@everything-from-trinkets-to-treasures

Read 136.3 here from the USPS Postal Explorer:

https://pe.usps.com/text/imm/immc1_015.htm

136.3 Counterfeit and Pirated Items

Any type of counterfeit or pirated article is prohibited in outbound international mail.

It is LEGAL to mail it back inside the US.

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Incoming counterfeits should also be prohibited...this would cover nearly all the Chinese products solicited by our current CEO.  

[myangelandmyprincess]

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@lunalapin1912 wrote:
Actually it is , you are getting money back by sending the item which is defrauding the trade mark holder. There is a victim here, the true owner of the trade mark.

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getting your money back is not a financial gain. 

[emerald40]

Yes, as Judge Judy says you are just making the buyer and seller whole again by undoing the transaction.

No one profits from it.

[myangelandmyprincess]

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@emerald40 wrote:

Yes, as Judge Judy says you are just making the buyer and seller whole again by undoing the transaction.

No one profits from it.

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exactly...and I have to say I love judge judy.

[*madison]

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@lunalapin1912 wrote:

It doesn't matter what the PM says, the fact is that fake goods are handled throught FEDERAL law, and federal law says you cannot KNOWINGLY transport fake goods.  

In the U.S., federal law protecting trademarks makes it illegal to knowingly traffic counterfeit goods, which includes the production, sale and transport of such goods. The U.S. Department of Justice, however, has stated that federal law doesn’t prohibit an individual from buying a counterfeit product for personal use, even if they do so knowingly.

The maximum penalty for first-time offenders trafficking in counterfeit goods is 10 years in prison and a $2 million fine. For second-time offenders, the penalty is 20 years and a $5 million fine. In addition, if a corporation traffics in counterfeit goods, it can be subject to a fine of $15 million.

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Have you reallly posted about trafficking, and 10 -20 years in prison, and $ 2-5 million fines, when this is only about a buyer returning a possible fake scarf purchased on ebay?  Unbelievable.

[ctoos_17]

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@emerald40 wrote:

Yes, as Judge Judy says you are just making the buyer and seller whole again by undoing the transaction.

No one profits from it.

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Judge Judy would have a field day with some posters here.

[tagentro]

If they had the item for more than 30 days you dont have to return if you put return in 30 days or less

[bonjourami]

sorry..not true..it is not illegal to return a fake designer item to the seller.If it was, Ebay and Paypal would not instruct buyers to return the designer item to the seller to receive the refund.And yes..I have read the Federal law, have you?

[bonjourami]

Paypal has a six month return policy and they will tell you to return the item before a refund is issued.

[bonjourami]

And what about buyers who scream "FAKE',when its really a buyers remorse case? Is that seller not entitled to get their authentic designer item back?

[lunalapin1912]

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@bonjourami wrote:

And what about buyers who scream "FAKE',when its really a buyers remorse case? Is that seller not entitled to get their authentic designer item back?

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That is why Ebay doesn't have a SNAD for an item being counterfeit, only  a SNAD for "seems not authentic"  That is why it can be returned and not run afoul of the law against the transport of counterfeit goods.  I know most people here are totally ignorant of American law so cannot understand the importance of how it's being phrased.  They  just makes me laugh though.  

[pjcdn2005]

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@bubbleman2010 wrote:

If the experts on the fashion board deem a item is real and a seller sells it and buyer claims its fake will ebay override the buyers dispute and close it in favor of the seller?

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It's unlikely that ebay will override the buyer in any snad dispute  these days.  But even in the past when they were more flexible, the ladies on the fashion board would generally tell the seller to get it checked by a professional authenticator so that they could confirm with ebay that the item was authentic. 

[beardedbovine]

General reply to end of thread.

The eBay Authenticate program returns through the mail any bag they cannot authenticate as genuine.

[myangelandmyprincess]

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@lunalapin1912 wrote:

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@bonjourami wrote:

And what about buyers who scream "FAKE',when its really a buyers remorse case? Is that seller not entitled to get their authentic designer item back?

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That is why Ebay doesn't have a SNAD for an item being counterfeit, only  a SNAD for "seems not authentic"  That is why it can be returned and not run afoul of the law against the transport of counterfeit goods.  I know most people here are totally ignorant of American law so cannot understand the importance of how it's being phrased.  They  just makes me laugh though.  

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Even if a buyer files not authentic eBay will generally require the buyer returns.  

[bonjourami]

Funny..I only see one person in this thread who's ignorant of American law.