Counterfeit disclaimers

[Maryam0102]

Hi I purchased some items from Ebay and the seller listed them as gifts and was unsure of authenticity. These were cosmetics and if I am honest 99% of the time if a seller says something was a gift ( high end items) it is usually because they are fakes. So my items are indeed fakes. Spelling errors, colours are just horrid, packaging ugly. Everything that points to fake. My question is am I entitled to a refund due to them being fakes or not since the seller put a disclaimer stating she was not aware either way? Thanks in advance

[sharpiemarker]

@Maryam0102 

"These were cosmetics and if I am honest 99% of the time if a seller says something was a gift (high end items) it is usually because they are fakes."  

If it's too good to be true...it probably is.

Can't speculate on how PayPal will rule especially since the seller claimed they can't vouch for it's authenticity...best to open a dispute and escalate it for PayPal to step in and make a ruling. You may be asked to return for a refund. You may be eligible for Return Shipping Refund. Locate payment transaction in your PayPal account activity, click it, then click "Report a problem" to file an Significantly Not As Described (SNAD) dispute.

[Maryam0102]

As far as UK law is concerned no amount of disclaimers allow a seller to sell fake goods. In fact the "gift" excuse is used soo much when a seller is well aware that the item is a counterfeit. With cosmetics it is hard to judge from pictures alone, having the item physically infront of you makes all the difference. If the seller had clearly stated it is a fake then I would not have purchased. If you got a beauty product from chanel as a gift I think the first thing you would do is check the authenticity of it. The packaging colour was way off so I do not for one minute believe she was unaware. My case would be that in the description and pics a brand name was used and the seller could not vouch for authenticity, upon receipt it is a fake so not what I wanted. I know PayPal do allow the selling of counterfeit items but the seller has to be 100% honest and very clear that he is selling a counterfeit item. The seller should not expect the buyer to do the guess work so even words like " inspired " aren't good enough. This seller in particular has sold alot of makeup that now I realise is fake. Some buyers have caught on and others are overjoyed with their Chinese replicas. Kind of hope I get a clearer response as I need to know whether it is in my best interest to open a case or not . Thankyou for responding so quick

[kernowlass]

@Maryam0102 

The onus is on you to provide written proof either from a company that makes or a shop that sells the item OR trading standards that the item is fake.

If you didn't have to provide proof then every buyer would just say 'fake' to save them having to return the item back to the seller.

Then once you have got it open a dispute and provide customer services with the proof.

If you then win the dispute Paypal 'may' not tell you to return the item.

If you can't get that proof then Paypal will treat it as an 'item received but not as described' dispute.

Paypal do tend to favour the buyer BUT if they do find in your favour then you would have to return the item back to the seller trackable to prove delivery before you get a refund.

You would get help with return costs if you have activated the below link at any point before you made the transaction, it would then apply for all subsequent transactions.

https://www.paypal.com/uk/webapps/mpp/refunded-returns

If you lose the dispute then yes there is always the option to open a small claims court action if you think you have enough proof and the seller is in the UK as well but UK law does not apply to a Paypal dispute as they give you 'some' buyer protection and the onus is on you to risk assess your transactions.

Good luck.