Bought a counterfeit item on accident - PayPal is making me PAY to send it back

[luxurydiscovery]

So I ordered a moncler and when I recieved it it was obviously fake. I opened a dispute on ebay, but the seller would NOT respond to it, only message me directly. They even admitted that it was fake. Called ebay and they said I had to wait a week for them to get involved. I called a week later and they said only PAYPAL could handle it because I made a dispute there too. Now paypal is making me PAY return shipping on the item that is an obvious fake in order to get my refund. Number 1, trafficking of counterfeit goods is illegal and I won't do it. Number two, this person knowingly and happily scammed me and I'm supposed to trust them to accept my package and say that everything is in the same condition in order to get my refund? This is not ok. I am so angry and don't know what to do.

[albertabrightalberta]

You should have left the dispute on ebay and escalated as soon as you were able. WHen ebay decided in your favor, the seller would have been required to send a prepaid shipping label for the return.

But having also opened in Paypal, ebay closed the case.

Send the package back with tracking and if the seller doesn't issue the refund, contact paypal with the tracking proof of delivery and they'll release the money.

[missjen831]

Its not illegal for you to return the counterfeit item to the seller. You should have followed ebays instructions and asked them to step in when you couldn't work things out with the seller. You did NOT need to file with paypal. You shot yourself in the foot here when you tried to seek a refund through ebay AND paypal. You had already filed with ebay so it was not necessary to file with paypal. So either return the item and get your money back or keep it and get nothing back.

[thatsallfolks]

You're not allowed to have a case open at both eBay and PayPal at the same time. When you opened the PayPal case, you voided the eBay case. That's unfortunate, because while eBay requires the seller to pay return shipping, PayPal requires the buyer to pay.

Why would you open a second case before the first one was completed?

[luxurydiscovery]

You're right. I didn't know about this policy as it's not explicitely stated and thought it would just get me my money back faster as I was worried the seller would find a way to close their paypal acct

[luxurydiscovery]

Well duh I know that now..

[luxurydiscovery]

Actually yes it is. Trafficking of counterfeit goods implicates you no matter which side you're on. To transport a counterfeit item through the US Postal Service is considered mail fraud, which is a federal offense. 

[tarpedge]

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@luxurydiscovery wrote:

To transport a counterfeit item through the US Postal Service is considered mail fraud, which is a federal offense. 

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Do you have a link to a page where that is considered?

[southern*sweet*tea]

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@tarpedge wrote:

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@luxurydiscovery wrote:

To transport a counterfeit item through the US Postal Service is considered mail fraud, which is a federal offense. 

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Do you have a link to a page where that is considered?

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Only if you are mailing OUTBOUND OVERSEAS

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.

If you buy a fake from a US seller, it is perfectly fine to use the mail to return the seller their fake.

If you buy a fake from an overseas seller, you cannot return the item back to the seller.

As to trafficing in counterfeits,

https://www.law.cornell.edu/uscode/text/18/2320

Returning a fake to a seller is NOT trafficing.

[luxurydiscovery]

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap113-sec2320.pdf

[luxurydiscovery]

maybe in USPS policy but not in US law for trafficking counterfeit goods

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap113-sec2320.pdf

[luxurydiscovery]

ebay never said NOT to file with paypal. How was I supposed to know not to file with paypal as it seems to have more authority?? Thanks for no help.

[danmcntyr2]

If ebay did not tell you to not jump off a bridge would that mean it is ok to jump off a bridge ?

Sometimes you are expected to read and understand a process before doing it .

[myangelandmyprincess]

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@luxurydiscovery wrote:

ebay never said NOT to file with paypal. How was I supposed to know not to file with paypal as it seems to have more authority?? Thanks for no help.

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It states it in the money back guarantee policy.  At this point if you want a refund you'll have to pay to ship it back 

[tarpedge]

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@luxurydiscovery wrote:

How was I supposed to know not to file with paypal as it seems to have more authority??

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When you were opening that PayPal dispute, a PayPal screen warned you that that would close your ongoing eBay case.