fake fred perry polo shirt - help!

[TheHappyCamper]

Hi, hoping some wise MNetters can advise me here.

My OH bought a Fred Perry polo shirt on ebay. It was listed as "factory second". When it arrived it is clearly a counterfeit item. We checked the 4 main things e.g. buttons, collar and all indcate it is fake.

OH has contacted seller who is being quite unpleasant. Eventually he has said he will refund once he gets it back, but OH must pay the postage! For one we don't trust him and are worried he might say he never received it back, and second why should OH be out of pocket?

Having checked ebay it appears that unless we actually prove it's fake by sending it off to some company (more money) paypal won't do a thing.

Does anybody have experience? Is there nothing to force him to refund plus postage? Should we cut our losses and hope he pays up once he gets it back?

TIA.

anyone?

You start a dispute (either through paypal or ebay) as the goods were not as described. They seller will probably be made to refund, but I don't think they have to refund the postage.

Make sure if you return the item you send it recorded delivery. As long as you have a tracking number paypal will issue you a refund as you can prove you returned the item.

Don't forget you can leave feedback to say that you believe the item to be counterfit. Have they got any other feedback stating this?

Thanks for yor response. He has good feedback up until now, but is being extremely agressive. We reckon he knows they are fake but has got away with previously!

So it would seem that we have to pay for recorded delivery to send it back and will therefore be out of pocket?

I am currently going through something very similar, a boxset of DVDs though, but my seller is being more helpful. We've been offered either a full refund, including postage or a £30 refund and we can keep the item.

I told him they were fakes, pretty bad ones, and that quite apart from being illegal it was against ebay rules.

Have you made the point about illegality? Might help to get things moving?

If those are paypal rules, and he knows it, then I guess there's not much you can do about the postage. You can leave stinking feedback in the hope he'll want to clear it from his feedback page so might offer the postage after all.

I think I'm right in thinking that with ebays new rules for sellers he will be charged more (final value fee maybe?) if the buyer isn't satisfied. You know when you leave the feedback using the star ratings? The less of those the more he has to pay in ebay fees. Not 100% about that but I think so, so that might be worth checking and mentioning.

Contact your local Trading Standards.

It is a criminal offence to sell counterfeit goods and they will be very interested.

thanks for all your responses.

bllpointpen - sorry you are also having problems. It's awfl because most people on eby are honest - that why it works!

bigbadmummy - OH is going to send it to trading standards. Thanks for suggestion.