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Item not brand listed... Seller says it is, what can I do?

14 replies

LowRegNumber · 31/05/2012 21:55

I bought an item specifically because it was the brand I wanted, it went via auction and I got it at a good price for the brand so was pleased. However they have arrived and are clearly not the brand. They are just bog standard and would retail at not much more than I paid. I contacted the seller who has stated they are the brand end of.

How on earth do I prove it? The brand always carries an embossed letter, the place where this sits is not shown in the photo though. Obviously mine don't have it but how can I prove (to eBay if required) that this is the case that all genuine ones do? I have emailed the manufacturer but I can't imagine I will get a speedy response with "hi I bought an item secondhand..." Grin Fwiw I suspect she has been misled herself, I don't actually think she is trying to get one over on me deliberately.

OP posts:
RandomMess · 31/05/2012 21:59

Have you pointed out in detail why you think it isn't the correct brand, ie it carries an embossed letter located in position x

Also is it possible on original/older models of the produc that they didn't mark them in this way but as copies have become more of an issue they started doing this?

GobblersKnob · 31/05/2012 22:04

If seller won't refund then open a dispute as 'item not as described' and e-bay will refund.

I bought a dress a while back that was sold as Monsoon, but when it arrived it had no labels, it could possibly have been form Monsoon originally, but with no-labels (not tags, labels) I had no idea. I also stank of smoke and was listed as from smoke free home. Seller wouldn't refund, but e-bay did.

Tbh I don't think you will be expected to prove much of anything to ebay.

RandomMess · 31/05/2012 22:15

If you think the seller has been mis-led I would try and resolve it amicably and pointing out about the embossed letter is the first step before you resort to paypal.

Would you be happy with a partial refund or are you wanting to return it for a full refund - communicate with your seller and say what you would like etc.

fergoose · 31/05/2012 22:16

I would open a not as described dispute with eBay - no point arguing with seller any further if they are this unco-operative

Then you can leave appropriate feedback and stars.

LowRegNumber · 31/05/2012 22:21

Thanks for the replies! Random, yes I have but she just said she bought them with the tags on so they must be the real thing (hence why I suspect she has been duped). No they are not an older version as these have always been made the same way, the company is famous for the development of a particular breakthrough iyswim and these don't have it - not even a cheap copy of it! They are totally different but you would only be able to tell close up!

Gobbler, that sounds encouraging, did you have to send them back before the refund was issued? How did you prove they had been sent, do you give eBay the tracking number? I am just desperate to get the money soonish, I bought them because I need them lol.

OP posts:
LowRegNumber · 31/05/2012 22:24

Oops x post, sorry. Random I would put up with a partial if it meant it was amicable but, tbh, they are just not what I want.

Fergoose so you have to wait a certain time or anything?

OP posts:
RandomMess · 31/05/2012 22:26

I would write back to her and explain that they are fakes because of x y z and for that reason you would like a refund. If you don't get anywhere then initiate a dispute.

GobblersKnob · 31/05/2012 22:27

In the end I didn't have to send the item back at all, just got a full refund (inc.postage).

It does take a while for a dispute to go through, 10 days?

fergoose · 31/05/2012 22:30

no just open the not as described dispute now. If you tick the box Other and write next to it Refund, eBay may refund you without the need for return. Otherwise once escalated you may need to send back tracked before you get your money refunded.

LowRegNumber · 31/05/2012 22:34

I think you are right random, just hope it works, I am crap at confrontation - especially if I feel they are not really to blame!
Gobblers, really Shock that seems a bit rubbish for the seller! Ten days isn't too bad I suppose, I do have an interim fix so could manage for that long at least Smile

OP posts:
LowRegNumber · 31/05/2012 22:37

Fergoose, I don't think I follow? If you do contact seller, item not as described? I don't mind sending them back but I don't want to lose the return postage really - seeing as I have done nothing wrong here!

OP posts:
RandomMess · 31/05/2012 22:42

If you return you get item plus original postage back but you pay return postage. If you are happy with a partial refund and to keep them I would explain why they are fakes and how much of a refund you would like back.

If no joy then you can just file a dispute "not as described"

fergoose · 31/05/2012 22:46

no I am saying if you open a not as described dispute with eBay here

ocs.ebay.co.uk/ws/eBayISAPI.dll?CustomerSupport&buyer=null&contextid=e3b31f12-1a7a-4c4e-9191-54ef160a3d06&itempickershow=1&query=SNAD&topicid=1217

when you get to choosing what you want as a resolution, tick the box marked 'other' and write in next to it refund

Then once escalated eBay should refund you without you having the cost and hassle of returning the item

GobblersKnob · 31/05/2012 22:53

I know what you mean about it seeming unfair to the seller, but what the seller should do when you is refund you now (after you have sent the item back). The seller is refusing to do this, so it's on their head really.

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