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Refund for fake item.

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  • #1

    Refund for fake item.

    Good morning,
    I recently purchased a camera grip from Ebay on a fixed price, buy it now auction: total value was just under £100. I paid using my credit card.
    The item I purchased was clearly listed as 'genuine' and was listed as being sold by a UK company.

    When I received the item, I was suspicious of its authenticity. Contacted seller and became even more suspicious.
    Contacted manufacturer of the grip who confirmed that it is indeed a fake.

    I have contacted PayPal, who now want me to send the item back to the seller in 'the same condition it was received', presumably at my expense before they will process a refund.
    The item needs to be destroyed, not sent back to the seller so he can just sell it illegally to someone else. Also the return address is in Hong Kong, not the UK.

    What are my rights regarding this?
    I had thought about maybe sending the fake item to Trading Standards as this illegal activity needs addressing appropriately, not covering up.

    Any help and clarification would be really helpful.
    Tags: None
  • #2
    Re: Refund for fake item.

    Yes, Paypal are rather adept at assisting fraudsters.... I agree with you, the goods should be handed to Trading Standards or destroyed.
    Did the total price of the purchase including delivery go over £100? If so, you will be protected under s.75 CCA and your credit card provider should refund you the money.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • #3
      Re: Refund for fake item.

      Hi, thanks for your quick reply. Unfortunately, the value was under £100 with delivery etc.
      Do you think it may still be worth me contacting my CC company (American Express)? I have been a very good customer and never caused them trouble - I pay in full every month!

      Originally posted by Celestine View Post
      Yes, Paypal are rather adept at assisting fraudsters.... I agree with you, the goods should be handed to Trading Standards or destroyed.
      Did the total price of the purchase including delivery go over £100? If so, you will be protected under s.75 CCA and your credit card provider should refund you the money.

      Comment

      • #4
        Re: Refund for fake item.

        Originally posted by Celestine View Post
        Did the total price of the purchase including delivery go over £100? If so, you will be protected under s.75 CCA and your credit card provider should refund you the money.
        I do not believe that you are correct, as the breach of contract was between the buyer and the Chinese counterfeit merchant.

        Had the vendor accepted money directly from the credit card provider, then s.75 could apply if the usual conditions were met. However, as PayPal is a payment service and not a credit provider, the CCA does not apply to them and, as they fulfilled their contract with the buyer to send the payment to the Land of the Rising Fakes, s75 wouldn't help there, either.

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        • #5
          Re: Refund for fake item.

          Yes, good point...so Paypal has total control anyway. Grrr

          As the amount is under £100 it won't apply in any event.

          Also, even if you were to return the item, the seller will not declare receipt probably. So I'm not sure how this will help anyway.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

          Comment

          • #6
            Re: Refund for fake item.

            Originally posted by henrygregory View Post
            Hi, thanks for your quick reply. Unfortunately, the value was under £100 with delivery etc.
            Do you think it may still be worth me contacting my CC company (American Express)? I have been a very good customer and never caused them trouble - I pay in full every month!
            You might be able to ask for a charge-back but, if you do, you'll probably lose your PayPal account.

            Just buy some Falun Gong texts (link) in the UK and send those back instead, detailing carefully on the customs declaration what's inside.

            I expect the vendor(s) would soon become much too busy to cheat anyone else. :grin:
            Last edited by CleverClogs; 24th February 2014, 17:27:PM.

            Comment

            • #7
              Re: Refund for fake item.

              Originally posted by CleverClogs View Post
              I do not believe that you are correct, as the breach of contract was between the buyer and the Chinese counterfeit merchant.

              Had the vendor accepted money directly from the credit card provider, then s.75 could apply if the usual conditions were met. However, as PayPal is a payment service and not a credit provider, the CCA does not apply to them and, as they fulfilled their contract with the buyer to send the payment to the Land of the Rising Fakes, s75 wouldn't help there, either.
              Which I have now learned, is quite wrong.

              Read http://www.bailii.org/ew/cases/EWCA/Civ/2006/268.html

              Comment

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