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Old 08-06-2014, 10:10 AM
 
Location: NJ
28,830 posts, read 33,541,801 times
Reputation: 21160

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Quote:
Originally Posted by Tampaite View Post
After 6.5 months, how can you prove it was the same bag that the seller sold on eBay ?

Your chances are slim to none but it won't hurt to call the Seller but calling Police may not help - they are not in the business of helping you for buying counterfeit items online. Can you be held responsible for promoting counterfeit items by buying them ?

Do you have a written statement from the store that this is a counterfeit item? If so, go via the small court system but be ready to pay about 100-200 bucks and even then you may not recover your money...
well, we do have an ebay communication with the seller where she provided additional pictures of the item. those pictures can probably show that the item is fake. there are people online that can spot fakes by appearance and this wallet has features that are not correct to the real wallet.

i tried both phone numbers i had for her and both were non-working numbers.
i called the police in her town and they said it was probably a civil issue. i could try to push the issue with the police but i wasnt prepared to do that in that phone call.

she may currently be in another city/state. im trying to verify her location still. it will be hard for me to do anything without her current location.
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Old 08-06-2014, 12:43 PM
 
Location: Keosauqua, Iowa
9,261 posts, read 18,057,317 times
Reputation: 12602
It will be hard for you to do anything, period.

If the pictures are actually of your wife's bag then you got what you paid for. Not trying to be mean, just pointing out how a judge will look at it. You would have a better case if the pictures were of an authentic bag rather than the one your wife actually received. Of course then you would have to prove that the bag in her posession now is the one she recieved from the seller several months ago.

I really doubt that you're going to get any help from the police whatsoever if this is a single deal. If you have evidence that she was making a living selling fake bags as authentic they would probalby pursue it, but then you would have to stand in line with a bunch of other people hoping for restitution.

If you really want to pursue this, small claims court is about your only reasonable option. I don't see it being worth your shile financially even if yo udo win, but if that's not an issue and you just want to see justice done then go for it.
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Old 08-06-2014, 01:05 PM
 
Location: NJ
28,830 posts, read 33,541,801 times
Reputation: 21160
Quote:
Originally Posted by duster1979 View Post
It will be hard for you to do anything, period.

If the pictures are actually of your wife's bag then you got what you paid for. Not trying to be mean, just pointing out how a judge will look at it.
you may be right on the first part, but i dont think so on the second part. when someone lists a product and claims its genuine, then provides pictures of a fake (that looks to 99.9% of people to be genuine) its still fraud.

if i went to a store and they claimed to be selling real chanel purses. i buy that purse after inspecting it in person. it turns out to be counterfeit. the stores is still guilty of fraud. just because i was fooled by their deception doesnt mean "you get what you paid for." you dont pay $450 for a fake wallet. im surprised my wife didnt catch it in advance. she is familiar with that kind of stuff and also is familiar with a web site where people post pictures for verification of authenticity.
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Old 08-06-2014, 02:08 PM
 
Location: New York
2,251 posts, read 4,510,723 times
Reputation: 1611
Knockoff products are everywhere and eBay is no exception. Cheaper price buyer beware.

Last year setup websites with affiliate accounts offering low price computers and software. Painstakingly going through all the motions to legally sell HP, DELL, Gateway brands.

Came across a Chinese website offering similar merchandise sold by US firms at half the price . Offering accelerated shipping through UPS/FedEx. First thought was striking gold, thinking many US company's make their products overseas. Listing items that could be ordered off my websites and drop shipped to customer.

After researching found cheap materials used in manufacturing. Then thought about the possible quality issues and handling complaints of disgruntle customers. Stayed with products made in the USA.

To OP - 6.5 months after receiving product and now saying it is counterfeit. Your chances are very slim to none in getting any type of restitution.

Here is EBAY Customer service Type in box "My item doesn't match the seller's description"

The eBay Money Back Guarantee covers your purchase price plus original shipping for virtually all items on eBay.com. They say they guarantee you will get the item you ordered or your money back.
  • Click the Open a case button below to let the seller know the item you received isn’t as it was described in the listing.
  • If you’re not happy with the seller’s resolution after 3 business days, you can have eBay review the case. You’ll get an answer within 48 hours, and if your case qualifies, send you a refund.
Also check out Ebays Front Porch

My $00.02

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Old 08-06-2014, 02:19 PM
 
Location: Mount Laurel
4,182 posts, read 10,137,105 times
Reputation: 3488
A seller can list the item as real but what if they don't know that is a fake? Was the seller an LV reseller?

How much difference are we talking about price wise compared to the store? When you buy items on Ebay, assume it's fake when the price is cheap and treat it as real only if they have proof otherwise. Remember, buyer beware.

If the pictures you have of the item shows that it's fake, your wife didn't do her homework.

There is a huge difference between buying from a store versus online.. Just saying..

Just try to buy a Galaxy phone and see the number of fake ones out there. Just ask to the EMEI number, and you can do a quick check. I see plenty of them on CL everyday.

Chalk it up to a lesson learned.
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Old 08-06-2014, 02:37 PM
 
Location: Keosauqua, Iowa
9,261 posts, read 18,057,317 times
Reputation: 12602
Quote:
Originally Posted by CaptainNJ View Post
you may be right on the first part, but i dont think so on the second part. when someone lists a product and claims its genuine, then provides pictures of a fake (that looks to 99.9% of people to be genuine) its still fraud.

if i went to a store and they claimed to be selling real chanel purses. i buy that purse after inspecting it in person. it turns out to be counterfeit. the stores is still guilty of fraud. just because i was fooled by their deception doesnt mean "you get what you paid for." you dont pay $450 for a fake wallet. im surprised my wife didnt catch it in advance. she is familiar with that kind of stuff and also is familiar with a web site where people post pictures for verification of authenticity.
I'm not saying you're wrong; I'm just saying that it's going to be very hard to get anyone to pursue this as a criminal matter if it's limited to this one instance, especially if you're dealing with someone in a different city and state. The time that's elapsed won't help, either.
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Old 08-06-2014, 08:47 PM
 
21,672 posts, read 15,745,263 times
Reputation: 16857
Quote:
Originally Posted by sj08054 View Post
A seller can list the item as real but what if they don't know that is a fake? Was the seller an LV reseller?

How much difference are we talking about price wise compared to the store? When you buy items on Ebay, assume it's fake when the price is cheap and treat it as real only if they have proof otherwise. Remember, buyer beware.

If the pictures you have of the item shows that it's fake, your wife didn't do her homework.

There is a huge difference between buying from a store versus online.. Just saying..

Just try to buy a Galaxy phone and see the number of fake ones out there. Just ask to the EMEI number, and you can do a quick check. I see plenty of them on CL everyday.

Chalk it up to a lesson learned.


If the wallet sold for 450.00 they would normally run 600-650 or the times I've bought them from the store. Should have known something was off
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Old 08-07-2014, 05:39 AM
 
Location: North Idaho
25,658 posts, read 33,803,130 times
Reputation: 53363
I suggest you make a call to US Customs. I don't know if they would be interested in one counterfeit purse, but counterfeit goods are within their purview. If the seller is a distributor of counterfeit goods, they might be willing to take a look at her.

They wouldn't get your money back, but the seller might see some jail time.
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Old 08-07-2014, 06:50 AM
 
Location: NJ
28,830 posts, read 33,541,801 times
Reputation: 21160
Quote:
Originally Posted by Lowexpectations View Post
If the wallet sold for 450.00 they would normally run 600-650 or the times I've bought them from the store. Should have known something was off
450 is a fair price for a used product. that's one reason why my wife was tricked. fakes usually are listed for significantly less than fair price, this wasn't. i asked my wife about it last night and that's one of the reasons why she was duped.
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Old 08-07-2014, 01:56 PM
 
Location: All Over
4,004 posts, read 5,050,273 times
Reputation: 3117
Local police will not care one bit. First off it's outside their juristiction, secondly they will say it's a civil matter. Also, if your buying fake stuff, if your wife is happy with it for 6 months who cares if she finds out its fake 6 months later. I get its the principal but this is why buying designer stuff is so stupid. Your wife has to have that $450 purse and she doesn't even know the real from the fake so why does she need it?

you will get no recourse from Paypal or ebay as its been too long their gurantees and protection are only good for 45 days. I'mg uessing this person if they are smart is using burner accounts ie fake names, fake ebay accounts, fake paypal accounts. they sell unitl they get shut down and then move on to antoher account, its all temporary prepaid cards for everything attached to the accounts and they withdraw by debit card instead of going to the bank.

Your best bet if you paid by card is try doing a dispute with your credit card. You won't get anything out of it but if you want the guy to suffer some consequences contact Louis vuittaon brand or trademark protection dept. They take this stuff seriously and will try to find the guy, however they will not help you in getting your money back you are on yoru own and honestly dont waste the effort your out your money thats 100% guranteed.
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