Bought a fake brand t-shirt and want my money back.

[perrysean]

Dear Members,

I'm hoping that anybody here can help. I bought a Balenciaga Campagin T-shirt throughout PayPall. I paid 227 pounds for it, but it seems to be a fake one. The seller says he will refund me, if I send back the T-shirt but I'm scared that he will keep the fake T-shirt and will say he never received it and won't refund me or not refund me at all (As he already scammed me with the T-shirt). He is also telling me that I can't make a PayPall (problem) case, because his account will be frozen and he can't use his PayPall during the investigation.

I just want my money back as soon as possible, has anybody got any tips or can help me with this case.

[kernowlass]

@perrysean 

Firstly if you 'win' a paypal dispute and the seller refuses a refund then paypal will do so under their buyer protection policy.

Secondly if you decide to return the item back to the seller either between yourselves OR as the result of being told to by paypal during the dispute then you must send trackable to prove delivery of the item back to the seller before you get a refund.

If you sent it back and the seller did not refund then you could open a dispute and provide paypal with the tracking number to prove you returned it.

You haven't said what country you are in which makes it hard to advise but if you have proof the item is fake from a manufacturer that makes the item or retailer that sells it and then state you have that proof when you open a dispute so that paypal are aware then if you win that dispute you 'may' not have to return it.

Also if the seller is in the same country as you then 'if' selling fakes is illegal in that country you could tell him that unless he refunds you will be informing trading standards he is selling fakes.

Lastly if you funded that paypal payment via a credit card and lost a dispute then you would have the option to contact your card issuer for a chargeback??

If you choose to open a dispute then................

How do I open a dispute with a seller when a purchase goes wrong?

You can open a dispute in the Resolution Centre of your PayPal account within 180 days of payment if:
•You don’t receive the item
•You receive an item but it’s significantly different than the description on eBay or on the seller’s website

By opening a dispute, you can communicate directly with your seller to work out a problem transaction.

If you reach an agreement with the seller you can close the dispute. If you're still not happy with the result, you can escalate the dispute into a claim. We'll review the claim and decide on reimbursement.

These steps apply to Personal accounts. If you have a Business account, please log in to see the steps that apply to you.

To open a dispute:
1.Log in to your PayPal account.
2.Near the bottom of the page, under 'More about your account', click Resolve a problem in our Resolution Centre.
3.Click Dispute a Transaction.
4.Select the button beside the transaction you want to dispute, then click Continue.
5.Select ‘Item dispute’, click Continue and follow the on-screen instructions.

Note:
•Generally buyers must wait at least 7 days from the date of payment to escalate a dispute for an item not received
•Where an item has not been received, please ensure you have given the seller enough time before opening a dispute

https://www.paypal.com/webapps/mpp/first-dispute

DO NOT CLOSE THE DISPUTE UNTIL YOU HAVE A CLEARED REFUND OR YOUR ITEM WHATEVER THE SELLER SAYS. ALSO DON'T FORGET TO ESCALATE THE DISPUTE TO A CLAIM WITHIN 20 DAYS IF THE SELLER DOES NOT REFUND.

If that does not work then if you funded your paypal payment via a card then contact your card issuer and see if they will do a chargeback for you.