Paypal asking me to send back counterfeit item

Butterfly212
Contributor
Contributor

Hello, the seller Anna [removed] has sent me a counterfeit item and now paypal are asking me to return the item back. The cost of return of the item is 122aud. The cost which I was scammed was 735aud. In paypals policy they state that they have buyer protection with shipping and item refund regarding items like this. I have provided all screenshots and evidence in this case. I am worried that if I do send the item I can get a fine for shipped counterfeit products and the issue of the seller saying the item has not been returned and/or issue with the return and then I lose money even more. I do not understand why the item cannot be destroyed but returned for the seller to sell again?

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kernowlass
Esteemed Advisor
Esteemed Advisor

@Butterfly212 

 

If you want paypal to consider an item fake then you have to prove it, they can't just take your word that it is.

You would need to upload written proof from a shop that sells the genuine item OR the manufacturer of the item to prove its fake.

 

Even then if the item came from somewhere like China (where you expect to receive fakes a lot of the time especially if you buy from a  Social Media site) you may still be expected to return the item.

 

This is because its legal in that country to sell fakes and so to get a refund the merchant would require their goods back again.

 

In the event of a dispute you choose your seller and not Paypal so you need to bear in mind possible return trackable costs before you go ahead and buy from that seller / country.

Paypal state this >>
IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. PayPal Buyer Protection does not entitle you to reimbursement for the return shipping costs that you may incur.

You also have the option to do a chargeback via your card issuer instead of a Paypal dispute if you funded your Paypal payment via a credit card.


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Butterfly212
Contributor
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I did prove it with an a 3rd party authentication which I already paid for outside of the cost of the item. This cost an additional 30aud. I only authenticate items in a dispute like this and this was stated as counterfeit and have provided all the evidence to paypal.

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kernowlass
Esteemed Advisor
Esteemed Advisor

@Butterfly212 

 

Then read the second half of my above post???


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Butterfly212
Contributor
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I did read it, 😀 I have checked my local laws as well and it is illegal to send counterfeit items. I am currently disputing this with my bank too, it's a little hard to lose 735aud over false claims so no need for the additional ?????
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kernowlass
Esteemed Advisor
Esteemed Advisor

@Butterfly212 

 

Not illegal for the seller to export a fake if they are in a country where that is allowed, it was only illegal for you to 'knowingly' import the item, which of course you did not do knowingly.

Chargeback via your card issuer if you paid that way is a good idea as they don't require return of goods. 


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Cjny
New Community Member
Did you end up getting any kind of resolution/refund for this? If you post anything in/from Aus you have to sign the declaration on the postage label that the goods are not illegal or prohibited to be posted (and counterfeit items are on ausposts prohibited items list)- if you don’t sign (because you know it’s illegal/prohibited) they won’t accept it to be lodged
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