eBay

sheila56244 · ‎02-26-2018

I purchased a necklace from a seller who noted the chain and pendant were both marked 14k and he had several photos showing the marks. However he did state he had not had them professionaly tested. I messaged him and explained I was interested in it for someone with metal allergies and asked if he believed it to be real 14k and he stated it had passed his magnet test and the weight matched up to real gold. At that time I purchased it and he was very nice and appeared to be helpful. I left positive feedback as soon as it arrived but did take it in to be tested the next day since I needed to make sure it was real before I could gift it. The first jeweler I went in to see said it did not feel the correct weight for its size as soon as he picked it up, he proceeded to test both pieces for 14k gold and they failed, so he tested for 10k and both failed. I went down the street to another jeweler who as soon as he saw it said he had seen several counterfeit pieces like it out of Mexico. He lined up his test kit in front of me and did a scraping of my chain next to a scraping of a known 14k piece and he explained the fact that my mark disappeared immediatly and his did not shows mine was not 14k, he did the same than with the pedant which also failed. Than he moved on to test both against a piece of known 10k with the 10k solution and sure enough both failed. He informed me it was not legal to sell something with a mark on it if the mark does not match the purity because it is considered counterfeit and that it is the sellers duty to know what they are selling it before selling it. He provided me with the laws explaining that and I provided the seller with that info. I was told he didn't misrepresent the item because he said it had not been tested. I explained to him that if it says 14k it needs to be 14k or it can not be legally sold. I told him that he can not say he didn't know if it was real or not because he hadn't tested it because he had a duty to make sure it was accurate if he was going to sell it. So far he is refusing to refund me and believes ignorance of the law and what he was selling is a legitimate defense. I have done more reading and now am unsure how I would even return the item if he does decide to accept it back because it is illegal to use the USPS to transport mismarked/counterfeit jewelry and it is illegal to provide transport of the item in any way to cross state lines. Both offenses he is guilty of doing. EBay needs to make it clear to their sellers that if a precious metal has a purity mark on it they are legally obligated to make sure the mark is accurate if they intend to sell it. The law is clear on that matter. Will ebay refund me? Should I contact my local police department? I see the guy selling other items in the same manner, thinking if he states he hasn't tested the items but noting their marks that he is not liable to stand behind them. I can't explain it to him any better than I have that the law does not work that way.

rixstuff · ‎02-26-2018

There are many brick and mortar stores who are STRENUOUSLY trying to disuade people from buying on Ebay. You wouldnt believe the lies I have been told when they didnt know I was a seller (and also take metal working and lapidary classes to MAKE jewelry. Even jewelry stores are not being completely accurate or honest. If they think you are selling they want to justify paying you as little as possible by claiming that the item is less than what it is. If they think you are a buyer they will want to show you how much better THEIRS is than what you have. And there is a good chance they will sell you an item just as bad as what you brought in for much more money.

It also makes a difference WHERE on the item he tested it and the exact stamping on the item. Many will test the clasps which are usually filled because they need to be stronger than the body of the chain and often contain stainless steel for strength. Most wont want to test the links because they are a bit harder to test and the scraping shows on them as damage.

That isnt to say that there is anything wrong with what you bought here and brought in. I deal mainly in sterling and I do have to test the sterling particularly from China but 99% of it is NOT from China and is exactly what it says it is.

You might want to post some pictures of the marks, the item, maybe the item number so we can see what you are talking about.

sheila56244 · ‎02-26-2018

I did not disclose where I had purchased the necklace or that I had purchased the necklace at all. For all they knew I have had it for years. I have gone to the one jeweler a few times in the past to check over a couple items for my daughter and he has never stated anything to be mismarked before. And as I said, two separate jeweler's both came to the same conclusion without knowing anything about the item or where it came from and I did not tell the second jeweler that I had taken it to the first. I simply asked if there was anyways they tell me what the purity of the necklace and pendant were. So I would say it would be highly unlikely both came to the same conclusion and I watched the second jeweler conduct the acid test which he used known 14k and 10k gold to compare both pieces to in the test. I have never seen an acid test done before so I was not sure what it was suppose to do, but the lines my items made disappeared on contact while his were still there 30 seconds later. The first jeweler told me I could bring it back this week if I wanted because he would have his new electric tester in if I wanted more testing. Obviously I wanted the item to be real because it was for my son's birthday and since I spent so much on this piece and it is unknown what it is made of I couldn't give it to him with his metal allergies so he got nothing. I offered to return the piece so the seller could co tact whoever he purchased the item from and inform them of the laws but be believes if he says it wasn't professionally tested that he is somehow free and clear if he sells a counterfeit item, which just is not the case. I have learned a lot these past few days and see it is not uncommon for gold to be mismarked just like counterfeit coins and money exist, and that it usually does look legitimate until it is tested. My point is that a seller is 100% obligated to make sure the purity of a precious metal matches any mark on it because if it does not, it can not be sold. It really is quite simple. I am going out of town tomorrow and will take the time to have another jeweler look at the item as well but am fairly confident I am going to get the same results. For the chain both jeweler's tested about 1/3 of the way down on the length of the chain and the pendant was tested on the side and towards the top.

sheila56244 · ‎02-26-2018

takikawa4 · ‎02-26-2018

Just open the item not as described with ebay. No need to continually get the necklace tested.

sheila56244 · ‎02-26-2018

I did that as soon as I got the results and contacted the seller. I have to wait until Thurs to move to the next step. It really is so frustrating because the seller isn't saying the tests are incorrect, his defense is simply that he stated the item hadn't been professionally tested. I have tried to explain that is irrelevant because he sold a counterfeit piece and ignorance is not a defense and that he was legally obligated to know the mark was accrate before posting it for sale but for some reason he thinks he is above the law. I don't think people realize that if they are selling a precious metal with a mark on it, that mark must match the purity and the seller is guaranteeing that simply by selling it. There is no gray area. I was very nice when letting him know the situation and told him that I did not feel he was intentionally breaking the law but the fact was he did when he sold the item and I just wanted to return the item and be refunded and he should contact whoever illegally sold it to him. I felt that was reasonable. Now as I read the law, I realize I can not legally ship the item back to him because it would need to cross state lines and it is not allowed to be transported by USPS, so I assume it will need to be turned over to the local police department. I have never had anything counterfeit in my possssion and know very little about jewelry so I wish things had gone smoother.

sheila56244 · ‎02-26-2018

takikawa4 · ‎02-26-2018

Thursday is just two days away. Doesn't matter what the seller says. And stop corresponding with him. All you need to do is say you want to return for a refund. Don't into the "he said, she said" thing. It will just frustrate you even more.

As for sending the item back through the mail, you CAN do it. Many think they're not allowed to mail back counterfeit items to sellers but that's not right.

rixstuff · ‎02-27-2018

Ready to freak out? I sold that very item last year - same Sailor's Crucifix and chain. They really are from WW2 and they are correctly marked. It has value as a military collectible, a vintage item, and the gold. It is NOT counterfeit. It is the original deal. It also shows appropriate wear for the age.

rixstuff · ‎02-27-2018

Sure a seller should test and be AS CERTAIN as they can be and not just guess or hope but Im not seeing hte deception in that item. Is it maybe more worn than what you were hoping? Did you maybe want a NEW gift rather than a vintage item?

rixstuff · ‎02-27-2018

@takikawa4wrote:
Thursday is just two days away. Doesn't matter what the seller says. And stop corresponding with him. All you need to do is say you want to return for a refund. Don't into the "he said, she said" thing. It will just frustrate you even more.

As for sending the item back through the mail, you CAN do it. Many think they're not allowed to mail back counterfeit items to sellers but that's not right.

Ah but it ISNT COUNTERFEIT. But there is no need to make a federal case of this, the buyer doesnt like it and has the option to return it so she can and should.