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!

[everything-from-trinkets-to-treasures]

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@a*river*runs*through*it wrote:

"I am sorry....did I miss a post from a licensed attorney specialized in this area of the law?? I would be glad to take a look at it if you would be so kind as to let me know which post that was."

You don't need to be a licensed attorney to read the US Postal Regulations or to read the Federal rules about Counterfeits.

Everything that was posted about returning a fake is FACT. 

You can continue to argue about this until the cows come home but you still incorrect.

Carry on and have a blessed day.

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The postal regulations are not solely inclusive to itself and carriers also incorporate laws, federal, state and otherwise. Laws supercede regulations as well as are automatically incorporated into them and subject to them.
So far I have seen bits taken off the net to only support what someone wants to do without looking at everything that applies...and opinions.
But again that is why there are attorney's for such matters....and regular people are not legally allowed to advise on such without the proper licensing.

[everything-from-trinkets-to-treasures]

Ebay has policies but also tell you all applicable laws apply...again not solely based on ebay's written policies.
No one lists every single thing, that would be impossible, but makes sure to include statements that applicable laws also apply somewhere in their terms of use.
This is also a FACT and something everyone should know but don't... fortunately it is something legal professionals do know..

[stmoore0]

If you don't believe USPS then why would you believe a lawyer? Laywers get paid to lie...

[everything-from-trinkets-to-treasures]

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@stmoore0 wrote:
If you don't believe USPS then why would you believe a lawyer? Laywers get paid to lie...

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And keep in mind the USPS is a ferderal gov't business, regardless of it being private and postal inspectors are "law enforcement agents" and can and do uphold the laws.
They can and do seize property, make arrests, etc etc etc

I know what what USPS says and I know it is not limted to a paragraph taken off the website and not inclusive of everything else that goes with it. So believing USPS isn't the issue. The issue is people not looking at everything and just looking to find what they want to be able to do whatever they want...or want someone else to do.

Again there are laws all about being able to dole out legal advice when not licensed to do for a reason too

[sharingtheland]

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@everything-from-trinkets-to-treasures wrote:

Ebay has policies but also tell you all applicable laws apply...again not solely based on ebay's written policies.
No one lists every single thing, that would be impossible, but makes sure to include statements that applicable laws also apply somewhere in their terms of use.
This is also a FACT and something everyone should know but don't... fortunately it is something legal professionals do know..

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Are you a legal professional?

[stmoore0]

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@everything-from-trinkets-to-treasures wrote:

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@stmoore0 wrote:
If you don't believe USPS then why would you believe a lawyer? Laywers get paid to lie...

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And keep in mind the USPS is a ferderal gov't business, regardless of it being private and postal inspectors are "law enforcement agents" and can and do uphold the laws.
They can and do seize property, make arrests, etc etc etc

I know what what USPS says and I know it is not limted to a paragraph taken off the website and not inclusive of everything else that goes with it. So believing USPS isn't the issue. The issue is people not looking at everything and just looking to find what they want to be able to do whatever they want...or want someone else to do.

Again there are laws all about being able to dole out legal advice when not licensed to do for a reason too

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uh huh...

[albertabrightalberta]

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@everything-from-trinkets-to-treasures wrote:

But again that is why people should hire attorney's to give legal advice...and not take things off the internet in bits and pieces

@everything-from-trinkets-to-treasures wrote:

I am sorry....did I miss a post from a licensed attorney specialized in this area of the law?? I would be glad to take a look at it, if you would be so kind as to let me know which post that was.

@everything-from-trinkets-to-treasures wrote:

But again that is why there are attorney's for such matters....and regular people are not legally allowed to advise on such without the proper licensing.

@everything-from-trinkets-to-treasures wrote:

This is also a FACT and something everyone should know but don't... fortunately it is something legal professionals do know..

@everything-from-trinkets-to-treasures wrote:

Again there are laws all about being able to dole out legal advice when not licensed to do for a reason too

So are we to assume you're an attorney? 

[a*river*runs*through*it]

"So are we to assume you're an attorney?"

I think that's a stretch.

An attorney would know how to interpret the law. An attorney would not compare apples to oranges.  An attorney would look at the FACTS shown to them.

I'm thinking the poster is just a right fighter. Sadly the poster is also wrong and refuses to see  what is right in front of them.

[everything-from-trinkets-to-treasures]

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@a*river*runs*through*it wrote:

"So are we to assume you're an attorney?"

I think that's a stretch.

An attorney would know how to interpret the law. An attorney would not compare apples to oranges.  An attorney would look at the FACTS shown to them.

I'm thinking the poster is just a right fighter. Sadly the poster is also wrong and refuses to see  what is right in front of them.

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Well according to the postmaster, whom I double checked with today,  when I went to the PO...it is most definately illegal to mail not only counterfeits but it is illegal to mail anything that is illegal and or designated as illegal in this country ....if mailing internationally, if designated illegal here or any other country.
He also said there is nothing in the USPS regs online that state mailing anything illegal is allowed in any circumstances.

[a*river*runs*through*it]

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@everything-from-trinkets-to-treasures wrote:

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@a*river*runs*through*it wrote:

"So are we to assume you're an attorney?"

I think that's a stretch.

An attorney would know how to interpret the law. An attorney would not compare apples to oranges.  An attorney would look at the FACTS shown to them.

I'm thinking the poster is just a right fighter. Sadly the poster is also wrong and refuses to see  what is right in front of them.

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Well according to the postmaster, whom I double checked with today,  when I went to the PO...it is most definately illegal to mail not only counterfeits but it is illegal to mail anything that is illegal and or designated as illegal in this country ....if mailing internationally, if designated illegal here or any other country.
He also said there is nothing in the USPS regs online that state mailing anything illegal is allowed in any circumstances.

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Then I would suggest you print out the info given here from the USPS and show it to your Postmaster ASAP. She clearly hasn't read it.

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

Tell her to peruse section 136.3

Have a heavenly day!

[everything-from-trinkets-to-treasures]

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@a*river*runs*through*it wrote:

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@everything-from-trinkets-to-treasures wrote:

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@a*river*runs*through*it wrote:

"So are we to assume you're an attorney?"

I think that's a stretch.

An attorney would know how to interpret the law. An attorney would not compare apples to oranges.  An attorney would look at the FACTS shown to them.

I'm thinking the poster is just a right fighter. Sadly the poster is also wrong and refuses to see  what is right in front of them.

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Well according to the postmaster, whom I double checked with today,  when I went to the PO...it is most definately illegal to mail not only counterfeits but it is illegal to mail anything that is illegal and or designated as illegal in this country ....if mailing internationally, if designated illegal here or any other country.
He also said there is nothing in the USPS regs online that state mailing anything illegal is allowed in any circumstances.

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Then I would suggest you print out the info given here from the USPS and show it to your Postmaster ASAP. She clearly hasn't read it.

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

Tell her to peruse section 136.3

Have a heavenly day!

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It does not say it is legal to mail counterfeits in the US or anywhere else. Just as HE said.

And like I said you cannot take one small paragraph and try to make it say what it does not or think that is everything there is on the subject.
And you cannot only look at international anything, which is what you keep posting and what that page says...and each country also has laws on what  can and cannot be mailed internationally too but it isn't on that page either.

[everything-from-trinkets-to-treasures]

I wonder how many would have otherwised and clearly missed that you posted a page from the INTERNATIONAL mail manual to prove you can mail illegal counterfeits domestically.

Again this is a reason people need to seek the advice of a licensed attorney and take advice of a licensed attorney for legal matters.

[kh-gary]

Hello everyone,

This thread is getting a bit heated. Please remember that it’s fine to disagree with others, but discussion should always remain courteous and respectful as required by the Rules of Engagement.

Thank you for your cooperation.

[castlemagicmemories]

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@a*river*runs*through*it wrote:

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@awishingwell wrote:

we have a couple of LV stores here in town - when I get one (rare) I simply pop over to the store - they can tell in a minute - I kinda stopped listing handbags a few years back.  I have a MK sitting here on my desk I might have a stab at for xmas - I have the original receipt in the handbag so it probably won't be a problem

Just ask her to open the return - chances are she won't - just another scammer

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Actually the OP sold a Counterfeit scarf. The buyer is correct in wanting a return. She is not a scammer in this particular instance.

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That word is so over used here, and that buyer may be thinking the same thing about this seller.  

[albertabrightalberta]

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@castlemagicmemories wrote:

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@a*river*runs*through*it wrote:

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Actually the OP sold a Counterfeit scarf. The buyer is correct in wanting a return. She is not a scammer in this particular instance.

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That word is so over used here, and that buyer may be thinking the same thing about this seller.  

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True and in this case, the fact that a fake WAS sold and the seller didn't verify authenticity prior to listing, the buyer would be correct in her assumption.