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Bought A FAKE Bag?- What To Do If You Won A Counterfeit : eBay Guides

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Delortae Agency Consumer Guide

The UK's leading authority for authentication and appraisal services. As internationally accredited Appraisal and Authentication Specialist our services are recognizable worldwide. As experts Delortae Agency provides different levels of authentication services to fit your needs.

What to do if you've won a fake:

I won a fake - what now?                                                                                                             

Report them on eBay

File a complaint with PayPal

File an internet fraud form with the Office of Fair Trading

Already won a counterfeit designer item? Here's some help!

If you believe you have purchased a fake designer item from an eBay seller, follow this guide step by step. Following this guide will assist you in getting your money back. Please be aware that there is no guarantee you will get a refund, which is why it's so important to do your research and bid carefully beforehand. However, if you follow these steps, you significantly increase your likelihood of getting your money back. No pretty pictures here, just straight up information!          

You must first make certain that your item is indeed fake.

Email the seller and write something like "I received the item and was surprised at the low quality. I did not realize______designer's items would be of such poor quality. Could you please tell me how you guarantee the authenticity of this item? Where did you purchase it? If the seller does not guarantee the authenticity of the item, or DOES tell you the item is authentic buy you just don't believe them, you need to make certain that the item is fake. Ideally, we recommend a service such as ours, alternatively there are a lot of "experts" on the message boards who can help you, but the best thing to do is have the item authenticated by ourselves or an authorized dealer of that particular brand. Contact information for some companies is provided at the bottom of the page along with ours.

Once you have verified that your item is fake, email the seller first and ask for a refund. Give them the opportunity to make it right.

Email the seller in a nice, non-accusatory tone. Tell them you have verified that your item is fake, and how you verified this. Tell them why you know the item is fake, so the seller knows that you know what you're talking about. Here is an example: I am writing to tell you that I will be returning the Marc Jacob bag I bought. I have verified that the bag is counterfeit. I verified this by an expert and am in receipt of a writtent statement. Please write back so we can solve this in an expedient and professional manner.

If the seller offers a refund, there are a few things you need to do before you send the item back.

Generally speaking, your seller will tell you to return the item before they issue a refund. That's fine. You just need to do a few things first. If you have not done so already, print out a copy of the auction page (hopefully the pictures will still be on it.) Snap a couple of photo's of the item. If possible, take a close-up picture of the label or the feature that ensures it's a fake. This is for your protection, so you can prove later (if you need to) that you indeed received a fake item. Third, send your item back with signature confirmation. Make the seller sign for the return so that they can't later claim you never sent the bag back. If you then get your refund, you can stop here!

If the seller does not offer a refund, or received your return but neglects to send the refund, the first question is how you paid.

If you paid by PayPal, you must file a fraud claim wthin thirty days. PayPal Buyer Complaint Process. File your claim as soon as possible. PayPal does not normally get involved in disputes of authenticity; their buyer protection program is primarily for non-shipment unless the seller has a PayPal buyer protection icon on their auction. It is often more effective to deal with your credity card company or bank directly. This is why you need to file your PayPal claim early, so that if it is denied, you have time to go to your credit card or bank. If you paid with a credit card using either PayPal or another online payment service, call your credit card comany and discuss your options for a chargeback with them. Each credit card company and bank is different so we cannot give specific advice as to how to proceed with your company. Just get in touch with them!

File a claim with eBay's Safety Centre. You can only do this between 10 and 60 days after the auction has ended.

First, if you truly have received  counterfeit item, you are eligible to file a fraud claim with eBay. There is a link to eBay's step by step information page about their Fraud Protection program. Fraud Information Here is an example page dealing with eBay's standard protection program: Fraud Protection Program. A couple of things to keep in mind: First, there is a £12 deductable on the insurance, and a maximum claim of £100. That means, if your successful claim is for £25, you will receive £25. If your successful claim is for £200, you will receive £87. Second, in order to prove your claim, you may need documentation that the item is fake. If you didn't get documentation before, now is the time. Contact the company and find out how you can get an item authenticated. Depending on what brand you have, you may be able to take it into a store and get a letter, or you may have to send the item to the corporate office, or use our written statement service. Once you have familiarised yourself with eBay's Fraud Protection program, file your claim using their link: Online Reporting Form.

Remember, eBay is not a law enforcement Agency.

Do not assume that you will get your money back because you have filed a claim with Safety Centre. eBay is not a law enforcement agency; although your fraud claim with Safety Centre can be effective, you should not rely on them. First of all, understand that selling counterfeit items is a crime. You may be eligible to file a claim for mail fraud with UK Postal Service. If a seller accepts payment for a counterfeit item and sends it to you through the  UK mail or a private carrier such as UPS or FedEx (or you sent the payment through the UK mail) the seller may have committed mail fraud. Be sure to read all of the instructions on the fraud reporting forms to make sure you qualify. (Tip: if you mail the item back the seller, it is NOT mail fraud. Mail fraud is a scheme to defraud - to cause a counterfeit item to enter through the UK mail. Mailing it back for a refund does not qualify.)

Our other guide, that has also proved invaluable

COUNTERFEIT FAKE BAGS - How Not To End Up With One!

Fraud Reporting Contacts

Online Mail Fraud Reporting Form

Internet Fraud Complaint Centre Form

The Office of Fair Trading

National Fraud Information Centre

There is some contact information for various designers and companies. Keep in mind that these companies will have completely different procedures for dealing with counterfeit items, and some will be more helpful than others. If you want your money back, you may actually have to pay to mail the item to the designer's corporated headquarters. In our opinion, is a small price to pay if it will help get back what you paid for a fake!

{Some fine print: This page is not intended to constitute legal advice in any way. It is merely based on our observations of the most effective things buyers have done to get their money back in the past. If you have tried all of our tips and are still having problems, please contact a solicitor who specializes in intellectual property and/or internet law. Delortae Agency}

 

 


Guide ID: 10000000008723831Guide created: 09/14/08 (updated 04/30/12)

 
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