Help - Purchased a Fake Bose QC35

Hi,

Bought a refurbished bose qc35 on eBay from timepiece_au.

I received the package today and tested it out. It wasnt able to connect to the bose connect app, there's very little or no noise cancellation and the voice prompt is different. *I have another bose qc35 I purchased from Myer. this one is for my sister.

I believe this is fake and would want it refunded. The issue is we paid via Bank transfer since the seller doesn't have a Paypal option.

Would we still be able to get our money back?

any help would be appreciated. thank you.

Comments

  • +79

    I think you already know the answer…

    PS no. Always PayPal or cc

  • +4

    what did the seller say when you contacted them?

    • +6

      they said we can return the item. but on Nov 8 since their returns team is on holiday. a bit dodgey I think

      • +36

        Could be an attempt to exploit the time frame banks allow for chargebacks

        • There's no such thing as a charge back for bank transfer

        • +1

          @yaziyo: mine offers transaction disputes which I think works the same way

        • +1

          @yaziyo: My friend accidentally transferred a fund to me (she even't don't know who she transferred to), and after 3 month the bank charged back those money without notice me.

        • +4

          @ezhang6767: you tried to keep your friend's money and didn't tell them? lol good bargain I guess

        • @winterseed: Yes I tried because I don't know who transferred that money to me.

        • :S

        • @ezhang6767:

          Doesn't it say the account name that it's from?

        • @CVonC: I think no account name. Only saw the description to payee said something weird(๑• . •๑)

      • Lol!!!

      • +2

        I would respond and say that is not acceptable, and if it's not processed in a reasonable amount of time that you're lodging a case with ebay. Which you should probably do regardless.

      • +1

        Maybe read this 30day guarantee i seen posted here on oz bargain he might be trying
        To postpone it?

        http://pages.ebay.com/help/policies/money-back-guarantee.htm…

    • +7

      Incorrect, you can remove paypal as a payment option. This is the listing the OP is referring to.

      Payment details
      Payment method Preferred / Accepted

      Visa/MasterCard
      Accepted

      Bank deposit
      Accepted

      Paypal is nowhere to be seen.

      • +5

        I see, How long has this been the case?

        • Quite a while I think? This forum was posted in 2012, could have even been longer than that. As long as there's a CC option, it can be sold.

        • @doweyy: But the credit card processing is done through PayPal - as a guest. Presumably the same protection applies then?

        • +2

          @macrocephalic: if you pay via credit card, paypal or otherwise, you get protection from your bank.

      • that's ineresting. As far as I remember the only option was Bank transfer. this is actually the first time I purchased on eBay via Bank transfer.

      • I was shocked too recently when I saw that Paypal was not forced on sellers on ebay.com.au .
        Paypal is still required for all Ebay sales on ebay.co.uk

        • They must have amended their policy then since a few years ago they did force Paypal onto sellers.
          I remember being annoyed by it when I tried to sell something with pickup only and they made me list Paypal as a payment option.

          Now they seem to have added Paypal OR Credit card as the main option as per the link doweyy listed.

          "Accepted safer electronic payment methods

          PayPal and merchant credit card are eBay's accepted safer electronic payment methods. All sellers on eBay.com.au are required to offer at least one of these, and most purchases using these methods are covered by eBay Money Back Guarantee*. Payment is fast and easy – just click Pay Now."

    • +1

      As doweyy said, thats incorrect.
      Paypal OR Credit card has to be offered. See here

      Anyway, OP i dont think you have much of a choice apart from contacting the seller and seeing what they say…

      • I think he is referring to the ad, the seller has credit card offered and has removed the Paypal option from his listing.

        • Im referring to the ad too?
          As long as you have credit card listed then you dont have to have paypal, as per the link added

        • @shapers:
          When I last sold something a few years ago they didn't let you remove PayPal at all when they started messing with the payment options for purchases.

          http://www.smh.com.au/articles/2008/07/04/1214951011001.html

          I guess the backlash from creating a monopoly with double dipping on fees from sales and PayPal which they also owned at the time annoyed enough people to make them change it.

    • Not sure why so many people negged you.
      It's been the case for a number of years now that sellers are required to accept paypal.
      They may not say it in description because they don't want people paying that way but they have to accept it.

  • +32

    "We paid via Bank transfer"

    NEVER BY ANYTHING USING BANK TRANSFER!!!

    Once your money is transferred to another account it is so hard to get it back.

  • +13

    http://pages.ebay.com.au/help/policies/money-back-guarantee.…

    Counterfeit items

    If a buyer suspects that an item is counterfeit and there are strong indicators that this is true (for example: third-party authentication, or a statutory declaration by the buyer), we don't require the buyer to return the item to the seller. The buyer agrees to ensure the proper disposal of the item and may not sell it on eBay or elsewhere. We refund the buyer for the full cost of the item and original postage, and the seller reimburses us for the refund.

    • +12

      The buyer made the purchase on eBay.com.au via checkout or an eBay invoice with one of the following payment methods:
      PayPal transactions made from a verified PayPal account
      Credit/debit card transactions processed through the seller's internet merchant account

      Bank Transfer isn't covered for money back guarantee..

      • +1

        yes, but one's ineligibility for the money back guarantee doesn't mean there's no recourse via the Resolution Centre.

        The buyer agrees to ensure the proper disposal of the item and may not sell it on eBay or elsewhere.

        from memory, it's illegal to knowingly handle counterfeit goods through the postal system. the alternative is to recommend that the eBay merchant come collect it from one's domicile, but that additional safety precautions should be taken while traveling owing to the roughness of the neighbourhood.

    • +1

      Yeah but by "strong indicators" you'll need to have an authorized Bose employee certify that it's a fake. I've been through this before, it was too much hassle to obtain the "strong indicators" (i.e. proof of counterfeit) that was required, so I just sent it back.

    • Good to read this, as ebay mentioned nothing about this for item I had purchased. Said they would cover the return postage costs. So sent them an email about this now, if ebay can reimburse me now, rather than wait for the seller to receive the returned item.

  • +10

    The seller is pretty rude apparently..

    https://i.imgur.com/H2cikdt.png

    The problem is that without Paypal, it's hard to tell whether you'll get any $$$ back.
    However they might penalize the seller or freeze an equivalent number of funds in the seller's PP account.

    • +3

      "A disgrace for our eBay community"

    • true. he's also telling me that eBay doesn't have any record of the sale.

      eBay doesn't even have a record of this sale so you are welcome to file a complaint on ebay. We have provided you with a solution already.
      We will end this matter here as we have explained already we will have the item returned but not at this stage.
      Our shipping team is different from our returns.

    • thanks for this. was afraid they won't accept returns. I was told their returns department will resume work on 8th of Nov. gotta wait a month then

      • +45

        gotta wait a month then

        Omg and you bought that lame excuse?! Holy crap

        The 'store' sounds like a 1-man band. There is no returns department, he is the returns department!

        • +1

          agree

      • +12

        There is a reason they want you to wait, and thats the longer they make you wait, the less chance you have of getting your money back. Get on your bank asap, and get them to do a chargeback for fraud, report it to the police as well.

        • +7

          Agreed! go to the bank ASAP. If they have no record of your sale, 100% they will have no record of your return.

        • +3

          Agree. OP should open a case with ebay. At least to notify the breach of counterfeit item and get their store closed.

      • +2

        Going from that feedback response, seems like they're well aware they're selling fakes. Probably all the watches they're selling are fake too.

  • +33

    Stopped reading at "bank transfer". You dun goofed.

  • +1

    Thanks for the help guys. lesson learned. hehe

  • +3

    Never, never, never do a bank transfer to pay for goods online. Use a credit card or PayPal.

  • Bose are very common fake on ebay especially when you think you have got yourself a bargain. I paid 75% the price of in ear headphones once and they looked ok but sounded a bit muffled. The seller had a 100% rating. Did some research and found out they were fake. Contacted the seller and got full money back. Though had to pay for shopping back as for some wierd reason he wanted fake headphones back.

    • +5

      I've never shipped back fake products, I just tell the seller that it's against the law to ship the counterfeit good. Usually that's enough to prompt a quick refund and that's the end of that

      • Which specific law are you referring to?? Just for future reference.

        • +23

          ozbargain law, the law that rule the rest of other laws

        • +1

          Well it's not exactly law, but it's against majority of postage couriers policies (TNT, DHL, AusPost, Couriers Please) to send counterfeit goods overseas.

    • How much did you pay to ship it back? I might have to pay for the shipping as well since he's denying that the headphones are fake.

      • +2

        You can probably get Bose to verify it is fake. Once you have written evidence from Bose its going to be pretty hard for the seller to deny it is fake.
        I did this with a fake Kenu Airframe I got from eBay.

        • Oh yes, didnt think of this. will go to bose tomorrow. Thanks

        • @harvinchan: There is a serial code on the product box where you can register + verify your headphones online for warranty.

          E: Nvm they could have just swapped the box since it's refurb.

        • @Baebs: true. will also try verifying using the serial code. see what comes up.

        • wtf, they make fake Kenu Airframes? That's nuts.

  • Why is bank transfer even an option?

    • +2

      Why is bank transfer even an option?

      it's anti-competitive to restrict payment methods?

      • Guess that makes sense

  • Cash = gooooooooooooooooooooone.

  • +2

    Report this guy to Bose and have him sued.

    • +5

      Just reported the item through ebay. If anyone else wants to do the same, go here:

      http://www.ebay.com.au/itm/Bose-QC35-QuietComfort-35-Wireles…

      • Done!

        • Nice, looks like eBay have taken the item down. Hopefully they block the guy from selling these again.

        • @MetaphorOZB: Nope. Same dodgy seller has listen them again here:
          http://www.ebay.com.au/itm/Bose-QC35-QuietComfort-35-Wireles…

        • +2

          @MetaphorOZB:
          They are unlikely to remove him totally. Years ago at the peak of the fake usb stick rort many traders were caught but they let them keep trading. Ebay still make income from the sellers fees regardless of the authenticity of what they are selling so why kill the goose that lays the egg.

        • @mikeoz: been removed. is his store still around?

        • @PVA: yep, I reported those too. And - guess what - ? An ebay seller search on "timepiece_au" comes up with nothing. I'd guess he closed himself down rather than ebay taking action, but end result is a good one.

        • @mikeoz:
          I wonder what the new stores name is now?

      • Good on ya !

  • +1

    When in Fuji, I couldn't believe the quality look of the fake Bose available from the markets there, even the box looked spot on. Wonder how many people would pay few hundred bucks, then realised when back home they were fake.
    Made me question if the headphones and other goods in the duty free I the city there were fake too

    • Many moons ago, having had a chic airport duty free shop selling me a fake Jabra Bluetooth HS, I agree.
      I thought I was savvy enough not to get conned into buying fakes; and is pretty good at spotting them.
      Since then, I thoroughly; and by that I mean… thoroughly and meticulously check all such purchases before buying; whatever fancy establishment I buy it from.

      I now know well made counterfeits of high end electronics - especially small gadgets - are hard to tell apart from the real ones.

      Buyer beware.

  • +3

    The seller wants you to wait one month because that way eBay would not be able to help you at all because the return window will close. Secondly, According to Australian Consumer law, you have up-to 28-30 days to return an item if you find any fault for it. The seller has to oblige to this law.

    SO, Open a Dispute with eBay and explain the whole situation. If that does not work (however there is a good chance you will get your money?), then cal up the bank and pursue the matter there.

    • +1

      Hence explains the returns department on holiday for a month..

    • AFAIK ACL would only apply to a licenced dealer, ie: one with an abn?
      Is this guy a backyard dealer?

  • -1

    Is the seller in Australia? If so, tell them you will send them back today with a registered parcel and expect a full refund plus postage unless they want to arrange postage themselves.

    • Buyer is responsible for return postage on ebay ALWAYS

      • ALWAYS?

        Even if the seller lists the item offering free returns within 30 days?

        http://www.ebay.com.au/itm/Bose-QC35-QuietComfort-35-Wireles…

        Shipping fees incurred from returns for under-warranty service in the first 30-days will be paid by us. All shipping fees both to and from us after this 30-day period must be paid by the customer. All returns after the 30-day period must be paid by buyer.

        • Thats up to the seller. Ebay policy is buyer pays return postage.

        • +2

          @Amayzingone: That's what's in the sellers description.

          Selling a fake item as real is a False or misleading claim and considering they're offering the return I would expect them to pay it; with a complaint letter and escalate from there. And to be honest, if this happened to me as soon as I got my refund I would be reporting them to the ACCC any way.

        • @Brouw3r: I been on ebay for years. All I can say is you can shout all you like….GOOD LUCK with getting them to pay the return postage.

      • You need to pay to send back the fake item they sent you? Not that I've had many experience with online returns but I've always been provided with a reply paid coupon.

  • +1

    You need to demand your money back else you will leave negative feedback (which will really affect his future sales).
    Once you receive your refund you must then ensure that you follow up with Ebay and add the negative anyway.
    The seller knows exactly what they are doing as well as what they are selling.

  • +6

    You bought fake headphones from a seller despite that seller already having neg for the same item being fake? No wonder scammers keep scamming.

    https://feedback.ebay.com.au/ws/eBayISAPI.dll?ViewFeedback2&…

    • +1

      and paid via bank transfer. :-(

      • When credit card is an option..

        • +1

          Some just dont get it and dont want to.. :-(
          Anything over say $10 use PP and then thru CC to tinplate your ass.
          Checked some of the other items that this guy sells and they are items that are commonly counterfeited..
          I am not saying they are, just a coincidence i noticed.

    • Wow what sticks out is a lot of positive ratings. Surprisedy more people would notice if they are fakes

  • You would have to prove its either fake or faulty. Easier to prove its faulty from what you say and put a claim back via Ebay. You pay the cost of returning the item. No guarantee you would get a decision in your favour as seller could insist it was all good when he sent it to you.

  • +7

    Everyone can help the OP out, just go to the listing and report the Bose listing as counterfeit goods

    This may flag the seller as fraudulent and help him win the case.

    • This would help others as well. He sold around 70+ on the previous listing.

    • what do you write on the report?

    • -4

      Mate this is RUBBISH! Firstly you personally have no evidence that its fake. Secondly what you are proposing is scamming as well. Thirdly if you didnt purchase the item you have no legitimate say. People like you should be banned from ebay.

      • +1

        This guy is absolutely right. Do not turn into a mindless sheep. What if the police want more info regarding your accusations and you told the truth?

        " some guy from the internet told me to do it so I did "

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