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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!
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 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 but you just don't believe them, you need to make certain that the item is fake. There are a lot of "experts" on the Clothing and Vintage Clothing message boards who can help you, but the best thing to do is have the item authenticated by an authorized dealer of that particular brand. Contact information for some companies is provided at the bottom of the page.
Email the seller is 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 Kate Spade purse I bought. I have verified that the purse is counterfeit. I verified this by calling Kate Spade customer service, which told me that Kate Spade has never produced a purse with a cherry print. Please write back so we can solve this in an expedient and professional manner."
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 photos 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!
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 credit 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, billpoint, or another online payment service, call your credit card company and discuss your options for a chargeback with them. Each credit card company and bank is different so I cannot give specific advice as to how to proceed with your company. Just get in touch with them!
First, if you truly have received a counterfeit item, you are eligible to file a fraud claim with eBay. Here is the link to eBay's step by step information page about their Fraud Protection program. Fraud Information Here is a page dealing with eBay's standard protection program:Fraud Protection Program
Do not assume that you will get your money back because you have filed a claim with Safe Harbor. Ebay is not a law enforcement agency; although your fraud claim with Safe Harbor can be effective, you should not rely on them. First of all, understand that selling counterfeit items is a crime. You are eligible to file a claim for mail fraud with the U.S. Postal Service. If a seller accepts payment for a counterfeit item and sends it to you through the U.S. Mail or a private carrier such as UPS or FedEx (or you sent the payment through the U.S. Mail) the seller may have committed mail fraud. Be sure to read all of the instructions on these fraud reporting forms to make sure you qualify. (Tip: if you mail the item back to the seller, it is NOT mail fraud. Mail fraud is a scheme to defraud - to cause a counterfeit item to enter interstate commerce through the U.S. Mail. Mailing it back for a refund does not qualify.)
Online Mail Fraud Reporting Form
Internet Fraud Complaint Center Form
Federal Trade Commission Online Complaint Form
National Fraud Information Center Here 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 corporate headquarters. In my opinion, $5.00 is a small price to pay if it will help get your $300 that you paid for a fake bag back.
Armani: Giorgio Armani Website Brighton: Brighton Customer Service Customer Service: 1-800-235-8748 Burberry: 1-866-589-0499 Chanel: Chanel's eBay VERO page
Christian Dior:Call the Dior Boutique Nearest You
Coach: Coach Counterfeit Information
Dooney & Bourke: Dooney & Bourke Customer Service Information
Fendi: No US customer service appears to be available for Fendi. Try calling your closest Fendi boutique or take your bag to a Neiman Marcus or Saks. Here is an excellent page with information about Fendi:
Gucci: Customer Service Number: 800-234-8224
Hermes: Hermes' eBay VERO page
Kate Spade: Kate Spade Website
Louis Vuitton: Louis Vuitton NA, Inc., 19 East 57th St., New York, NY 10022
Oroton: Oroton Customer Service Information Prada: No US customer service appears to be available for Prada. Try calling the closest Prada boutique or taking your bag to a Neiman Marcus or Saks.
Ralph Lauren: 1-888-475-7674
Rolex: 1-800-36-ROLEX Salvatore Ferragamo: No US customer service appears to be available for Ferragamo. Tiffany: 1-800-843-3269 Tods: info@tods.com
Think you've purchased a fake of an American brand, such as Nike, Adidas, or Tommy Hilfiger? Check to see whether your garment has the appropriate Registered Number here: FTC Textile RN look-up Some fine print: This page is not intended to constitute legal advice in any way. It is merely based on my observations of the most effective things people have done to get their money back in the past. If you have tried all of my tips and are still in a pickle, please contact an attorney who specializes in intellectual property and/or internet law. |
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