Receive and return counterfeit item

[KACE2224]

I received a counterfeit from an international seller. The seller failed to reply and provided any solution. I obtained authentication from the third party to prove the item is a counterfeit and escalated the case to PayPal for refund. The case has been under reviewed for weeks and I finally received an email from the seller that they would issue refund if I return the item. While returning the item sounds to be the fastest and easiest way to get my refund, I do not know if I should/can do that as I already have proof to show the item is a counterfeit. 1) Importing/exporting counterfeit is illegal in both US and the seller's country. 2) No carrier would accept counterfeit in shipment. So technically I can't ship the item back unless I lie about the content of the package (which I guess is illegal as well?) 3)By law, I will have to disclose the true value and the content of the package for the custom declaration. I also need to do that in order to get a full coverage from shipping insurance. The value of the item exceeds the duty-free allowance in the destination country so there will be a duty surcharge. Besides the high postage and duty fee there is also a risk of package being seized. The seller has ghosted me for the whole month but all in a sudden they offered me the return option though email, not though any conversation on PayPal. The PayPal case file doesn't disclose what information/offer/solution the seller has submitted. So I don't know if PayPal has advised the seller to take the return or not, and I worried that PayPal would not favor in me if I refuse to return the item. All I am told by the PayPal agent is that PayPal is still reviewing the case. So I feel like I can either take the risk to ship back the item or wait until PayPal has decision, which I don't know how long. The estimated case-closed-date has been postponed a few times and now there isn't an estimated date. Any advice or similar experience can be shared

[kernowlass]

@KACE2224 

You can either return the item (only illegal to import fakes via the post into a country surely?) or wait for paypals decision.

No one can predict what that will be OR whether they will request you also to return the goods first (as they normally do) OR accept its a fake so you don't have to return it.

However if paypal request a return they normally ask for a tracking number to prove delivery of the item back to the seller before you get a refund. 

[KACE2224]

So now officially, Paypal suggested both seller and I to do a return for refund. 

I chatted with PayPal CS and brought up the point that no carrier would accept any package contain a counterfeit. I would have to lie to both carrier and export/import customs in order to ship the package. My reply from the CS was that “not to disclose the content of the package so the package can be sent and pass though the custom”. To me that’s the same as lying as I know that’s a counterfeit. I can never declaring the item honestly if I want the package to be delivered . I am very disappointed to hear such reply from the CS. “Not to do illegal thing” is very different than “doing illegal thing sneaky to avoid being caught”. It is very surprising to see PayPal’s policy somehow contradict with the local laws, and I am asked to break the laws in order to get the protection promised by PayPal (and only if I am lucky.)

I also talked to the seller. While they provided me a shipping label for returns, I would have to bear the risk and duty/cost incurs in US. The seller also refuse to add insurance coverage. They can't promise me that they will still refund me if the package gets lost or seized by the custom. I guess since PayPal never requested the seller to bear the return cost and risk, the seller thinks they have already done a favor to take the return and don’t have to do further more. However, from my point of view, I have the proofs from third parties that the item is a counterfeit and I am the victim of a scam. I shouldn’t bear any cost and risk in returning a counterfeit.

Now I am left with the pressure to break the laws and to ship the item back without any protection. Or if I resist to return the item I will have to take another risk of losing the case I guess?