Question about people selling fake, dupe, replica, non-authentic items?

[Mandyamandy]

I am a part of several selling communities for makeup, handbags, etc.  Many of the ladies will sell non-authentic items but clearly state that they are in fact replica's and not authentic so that the buyer knows they will not receive a authentic item.  If one was to sell an item in this situation witht he clear statement that it is not authentic and the buyer upon receiving said item turns around and files a claim stating they were lied to but the seller can prove their side, would paypal side with the buyer by default since it is not authentic?  What if the seller clarifies on the invoice that it is in fact a non-authentic replica?

This is a case that has been debated since in some parts of the TOS it mentions they can claim if the item was presented as authentic but was not, indicating the seller in this situation covered themselved, but later in another section it states selling conterfeit items is prohibited and actionable.  Would the counterfeit clause actually indicate that someone was being deceitful?

If this makes no sense please let me know.  I can try to word it a little better.  Thank you for your feedback.  Trying to help my fellow ladies not make bad situations for themeselves and their customers.

[Whac-A-Mole]

what does the venue provider have to say ?

Like Ebay ,you cannot sell counterfeit,in fact brand manufactuer has taken Ebay to court,claiming by allowing fake ,it is false advertising,

the manufacturer lost the case,as judge said it is the job of the maker to make sure nofakes are being sold.

so now the Nike,Tiffany,Adidas,Coach of the world are busy browsing Ebay and they have Vero personnel who will remove these items.or they will ask Ebay to remove the items.

so Paypal will side with the buyer,Paypal robot does not read commercial,watch videos.

if a human steps in,he could  ask the buyer to destroy the item and get a full refund.

[Mandyamandy]

This particular situation actually happend in a paypal buy and sell group.  The group owner has no qualms with people buying and selling replicas as long as it is clearly noted as such.  I am not aware of Facebook's stance on the matter though and have not had much success with finding any information regarding such.

[Whac-A-Mole]

dont worry,if it is a well known brand,the manufacturer will find the site and raise **bleep**.

in case you are curious,the company which filed suit vs Ebay and lost is Tiffany.

Rolex is known to take down the listing on EBAY and have their lawyer sent the seller a letter asking to pay a fine.