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

    • Actually if you want to really screw the seller, everyone should buy one, then do a chargeback through the credit card, then report it to ebay as fake. Pretty sure that will get his ebay channel closed too.

  • +3

    Wow: timepieces_aus, This member is an eBay Top-rated seller. Has only 2 bad reviews. I guess scamming on eBay isnt that hard at all.

    One thing about ebay that promotes this is that if some dispute is settled you are no longer allowed to leave a comment on the sellers page.

    • +3

      The grass (or forest, if you prefer) isn't always greener on Amazon, 40% of their stuff sold is on Amazon 3P (Amazon Marketplace) and not fulfilled or sold by Amazon. They did at one stage, have a massive counterfeiting problem.

      Unsure if they still do, but it is possible still to get scammed on Amazon on fake goods.

    • +2

      Yeah, ebay don't care at all. They get their cut of fees from the suckers that don't notice.

      If one were inclined, one might purchase obvious fakes on ebay then claim the refund. Hypothetically getting to keep the fake for free.

    • There are heaps of stores on Ebay that sell counterfeit goods with 98%-99% positive ratings…The only reason I would buy off ebay is if the ebay store have a reputable name outside of ebay or are directly recommended by someone i trust (or multiple people from a good forum etc).

      Its just too risky. In the OP's example they usually bias the sale towards them, have bs responses that they know work well or just refund those that kick up a fuss and continue to scam new buyers.

  • +5

    Seller is located in Australia. From a look at the listing and ebay store page, it would appear as though they are conducting a business rather than operating in a personal capacity.

    If the seller is a business then they are 100% required to follow Australian Consumer Law. Including the product matching the description. Listing something as "Refurbished" isn't some catch-all to lie. Refurbished is VASTLY different to fake.

    You should take the matter to fair trading in QLD, where the seller is located. https://www.qld.gov.au/law/fair-trading

    Did you receive a tax invoice with your purchase? If so, then that will contain all the details required to lodge a complaint, include all of your correspondence with the seller. If not then enjoy filling out this

    If you need help tracking down the details of the seller to make a complaint, then eBay should be able to help you. Otherwise simply contact Fair Trading in QLD, you have the seller's bank details and Fair Trading have plenty of power to investigate themselves, they can compel a bank to hand over the details of the account owner.

    • +1

      thanks so much for this info!!

      • No problem.

        While it might have been easier being covered under eBay's buyer protections or using a credit card chargeback, you still have full consumer protections for purchases from Australian businesses. Even if you do a bank transfer or hand them a wad of cash.

        Interested to know, did they provide you a tax invoice? If it's a business and once you go through the process with fair trading, please make sure you report them to the ATO. If these are indeed fakes passed off as "refurbished" then they are scum, no sympathy here.

        • +2

          they didnt send me an invoice. will also report them to ATO. this is getting interesting.

        • @harvinchan:
          The plot thickens… no invocie so no abn advised so likely a backyard trader?
          This is a laugh from one of his listings..
          "Don't risk it Buy it from a Authorized Dealer and Australian Company beware of Fake and cheap Imports.
          All our Items are 100% Genuine"

        • @xywolap:

          So genuine going by their note:

          “An item that has been restored to working order by the eBay seller or a third party not approved by the manufacturer."

    • +1

      Of course there's no tax invoice, the seller isn't legit!

      We likely don't have an email address (as payment wasn't made by PayPal), no phone number, no abn, no address.

      If he closes the ebay account, OP is screwed. More-so

      • Either way. The place you start is Fair Trading.

        The seller accepts credit card payment, but not PayPal, and claims to have a merchant facility with NAB, so there will hopefully be plenty of ways to track down the owner.

        OP at least has the bank details for the account he made the transfer to.

        What are you suggesting the OP do?

        • -1

          What are you suggesting the OP do?

          Go back in time lol

          Call it pessimistic, but there's not much that will eventuate from it. Not unless you wanted to actually hire a PI to fully track the guy down using whatever methods they can. Only then will you get a result as you're directly paying for someone's time to put into the matter.

          Average government agency & worker won't invest their time and resources going after someone selling $300 fake headphones. I'm sure they have bigger fish to fry.

        • Or this lol :)

        • @Spackbace: Yes, you're pessimistic.

          Fair Trading exists for exactly these types of issues. They will not see it as simply 1x fake $300 headphones to resolve. They will see multiple items for sale from someone, of which there is a report from a consumer of an item being counterfeit. It's a much bigger picture than the single sale.

          In my experience Fair Trading will most definitely investigate this and I encourage the OP to submit a complaint. OP has attempted to resolve the issue with the seller so if Fair Trading receives a complaint from the OP they are now obliged to step in and resolve potential breaches of the Australian Consumer Law. I'm not sure why you are so negative on the OP's prospects with them.

          I wouldn't swallow a $300 loss on a pair of headphones and I wouldn't bother with time travel either. I'd also feel an obligation to help others falling victim to the same scam.

        • @ChickenTalon:

          If the eBay store purely only had that store as a point of contact, Fair Trading would have an uphill battle, and they'd only have the Bank Account to go off. Now that it's since been discovered that the store has an actual website, with a listed ABN etc, it's been easier to find more info.

          Just think about how easy it is to create an eBay store with a throwaway email address, a Bank Account which gets closed soon after payment. Or god forbid you use a bank account from another country. How are Fair Trading going to take care of that…? How much of a battle will it be for them to find the people they need to.

          This is exactly why scammers get away with it. There are loopholes in every situation to give them an easy out. How many times do people need to be told not to transfer money for a purchase, yet it still happens.

          While there are people lacking in common-sense, there will be scammers. Fair Trading or no Fair Trading. People lose money for just being stupid…

        • @Spackbace: It's trivial for them to track down the details. Fair trading have the power to simply ask eBay & the bank to hand over all the details they want. I know banks respond very quickly to requests for this information when it's requested from an agency that has the authority. Banks are also required to fully identify and be satisfied with the correct owners of all accounts under the Customer due diligence obligations of the AML/CTF

          I doubt the OP conducted an international money transfer for this. But yes, if that was the case it would be very difficult to track down the owner.

          Scammers also get away with it because people don't report scams. I think this person has left plenty of fingerprints on things to be easily identified.

          Are you still suggesting that the OP does nothing or travel back in time?

        • @ChickenTalon:

          Are you still suggesting that the OP does nothing or travel back in time?

          My comment was written before all the info was provided on the scammer. That gives OP a lot of leverage, either legally or down other channels.

          What they do with that is up to them

    • -_- I wish people stop going to fair trading cos they do jack all except call the shop once or twice and adds the complaint to a register which is just as useless. At the end of the day guess what will happen? Fair trading will inform the shop that you have the right to goto QCAT and you will get informed to… you guessed it, goto QCAT.

      So save your time, go direct to: http://www.qcat.qld.gov.au/
      (Or whatever CAT you need based on the state that you live)

      If you can't identify them with an ABN/ACN and address and contact details, you're out of luck entirely and should just aim to make that money back by working more hours. On the other hand, if you win (you most likely will), you will also get your application fee back in most cases

      • +3

        QCat … that's me!

        • +1

          Good work, good work!

  • +4

    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.

    There's your first mistake.

    Go through eBay resolution center. It will be a bit more complicated without Paypal, but they're the only one that can help you.

    Things to check in future:

    • Seller's rating and how long they've been around.
    • Is the price too good to be true?
    • If they don't take Paypal, I wouldn't trust them.
  • 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.

    Did you purchase it through eBay or the seller directly?

    • through eBay but paid via Bank transfer.

      • +1

        He is sounding even more shifty then claiming that eBay has no record the sale then, unless he is meaning the payment, either way he is still pretty dodgy.

  • +4

    There is a lot of new information for me on this thread. Thanks, OP and everybody participating here.

  • you still have recourse, but a little less than if you had paid with PayPal/debit card. in fact, i think you are still able to seek full remedy via Dispute Resolution i.e. just because you didn't use PayPal doesn't mean you can't dispute the transaction, simply that the guarantees that might be applicable with PayPal et al. are not available to you.

    recommendation: eBay gets a bit skittish about counterfeit goods because if they don't take a firm stance, they run the risk of being complicit by aiding and abetting. this is because at the end of the day, they are benefiting financially from the sale of counterfeits. based on my own experience, you can leverage this in order to obtain a quick and speedy resolution. in my own case, the seller appears to have been banned from selling the particular brand in question (i check from time to time).

  • -4

    Download the Bose application on your mobile to test if your headphones are real. If it connects its real. If not it fake.

    • +5

      Read the OP.

  • +47

    Ok all the 'make a legal complaint' suggestions are fine but you have to understand, with legal proceedings and no credit card / Paypal, you are very unlikely to get your money back.

    To get a refund I suggest you play hardball - tell the seller to refund you or you will chase up every single legal option and avenue for complaint available.
    First collect all the info you can find.

    Message the seller on eBay and on the gmail address.
    List out all the information you have so they know that you know who they are - full name, business name, mobile phone no., ABN, website, address/location.

    Tell the seller if they do not process a refund immediately you will take ALL the following steps:

    • Report to eBay (useless)
    • Report to Bose Australia that an Australian seller is using their logo and trademark and selling counterfeit items, provide ABN name address etc. so Bose' lawyers will know how to get in touch.
    • Report to the domain registrar NetRegistry and the tech contact that they are providing domain hosting for a business selling counterfeit Bose products.
    • Report to BigCommerce, the payment provider for dcwatchesaustralia.com.au that they are supporting a scammer.
    • Report to NAB with their account details that a NAB account is being used to fraudulently sell counterfeit items. Also you will send a letter personally addressed to the bank manager for the specific NAB branch detailing how their branch is being used to scam people.
    • Report to Woolworths that they are providing click and collect services to a scammer.
    • Report to Fastway Couriers that they are providing courier services to a scammer.
    • Lodge a police complaint with their local police station in Brisbane peoviding all personal details and details of the transaction that someone is running a scam from an address in their area. Mail all the documents and proof.
    • Dob them in to the tax office for tax evasion since you did not get a tax invoice: https://www.ato.gov.au/Forms/Tax-evasion-reporting-form/
    • Report to Gumtree (Gumtree = eBay but the seller might not know this)

    I hate scammers and I can't believe so many of them think they can live in Australia and openly run a scam like they live in Nigeria beyond the reach of law.

    Sure it's possible none of the companies give a crap. But if you were the scammer would you really want to risk that?

    • Tell the seller if they do not process a refund immediately you will take ALL the following steps:
      - Report to eBay (useless)

      erm… why useless? i bought a counterfeit electronic device worth about ~$40. i argued a compelling case, got my money, got their sales restricted, kept the goods.

      the buyer still has recourse through same complaint resolution method as a PayPal purchase. only difference is nothing is guaranteed.
      i would say that the most parsimonious way to get money back is through eBay directly.

      • I love that word 'parsimonious'

        • +1

          quite simple really:

          1. complaints expends mental resources
          2. mental resources are glucose hungry
          3. glucose costs money

          therefore, a true ozbargainer would seek the most effective complaint strategy per unit of mental effort.

    • Well done :)

    • WOW! that's a lot of info about the seller. thanks a lot for this!

    • Good work. Just a note that his name, residential address and mobile number are already freely available on the internet. No need to go via Gumtree.

    • +8

      Here are his infos if anyone need it (hopefully no one would need it/make the same mistake I made)

      DC WATCHES AUSTRALIA PTY LTD
      ABN: 44 613 605 306
      ACN: 613 605 306
      Address: 22/16 Melton Rd
      Nundah
      QLD 4012
      Name: Mod: Removed (specified on the return details he sent me)

      Website:http://dcwatchesaustralia.com.au
      Phone: Mod: Removed
      Email: [email protected]

      Mod: Personal information removed. Note any 'vigilante' action is STRONGLY discouraged and will do more harm than good to anyone.

      • +1

        Awesome, ozbargain the guy by flooding him with spam texts. Preferably animated gif’s

      • +7

        His ABN was cancelled in June

      • +2

        Tell his rental property agent know that a scam business selling counterfeit goods is operating from his property - https://www.placenewmarket.com.au

      • +1

        There was a reason I did not actually post any personal info even if it is public.
        Don't do the mob thing.
        I wanted to list options you have as the person affected, seeing all the hand wringing 'too bad' posts.

    • +1

      I'd do all the above suggested steps before contacting the seller.

      Never make threats you don't intend to pursue. In my case, don't make threats I havent already pursued.

      • Oh I would pursue. At least banks and payment processors and Bose. They tend to care that their services are being used to run scams.
        Amazes me how many brazen scams like this are openly run like this are run from Australia.
        Usually too small for police or ACCC to pursue.

        In old times you went to a small town, scammed people, and skipped town when people began to recognize and things got hot.

        You wouldn't buy a house in the town, take payments via and store money in the local bank, provide your counterfeit items in packages with your name address and signature on it, and advertise where everyone can see it and trace back to you. Because people would show up at your door and demand their money back. Or worse.

        Somehow with the internet people do that and people think that's normal and they are powerless.

  • If we buy out his Bose fake stock paying by PayPal, then contact eBay once you receive the fake Bose, let them know it's fake. You will get refunded and get to keep the fake. The fake vendor will lose money from losing his fake stock.

    • paying by PayPal

      How?

      • +2

        :-(. Oh I see it. My bad, never mind me I’m just a tourist.

  • -3

    I think you are all jumping the gun reporting this seller. How would you like it if it was your business? We only have OPs word (nothing against OP just playing devils advocate) that he @thinks" its fake and you all go ruin this guys business? Let OP, Bose and Ebay investigate.

    • +9

      No, if the seller was a decent person he would offer a return on the stock at the least instead of giving OP the run around.

    • I'd normally agree with you but it's a huge red flag and warning sign that there's no paypal payment option.

    • Check the sellers feedback… he has had this happen before with the same product that the buyer claimed to be a fake. He refunded then but claimed the buyer did not read the description ??

      • Yes it's typical on eBay, they run a scam until they're suspended, then make a new account.

        Of course follow up with eBay first. But eBay's policies are not law as people here make it out to be.
        The law is the law. And you think a big four bank wants to be an intermediary for shit like this?
        But you have to be firm. Always polite but firm.
        Was scammed via a bank account once and I meekly filled out a form and left and nothing happened.
        That was before social media. Today I would contact branch manager, request meeting, contact bank on all social media. And if nothing happens, figure out the names of relevant people up the corporate ladder via Linked In and email them.

  • How much did you pay for the fake?

    • +1

      too much

  • +1

    Yup, dead giveaway when:
    1. It doesn't connect to the Bose app
    2. The voice prompts are different. When you power on the legit ones, the prompt goes "Battery xx%, connected to xxx".

  • OP I don't condone witch hunting so you should consider removing his publicly identifiable information.

    Anyway, I'm surprised no-one has linked this but here you go OP:

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

    Relevant:
    "Counterfeit items

    If a buyer suspects that an item is counterfeit, and there are strong indicators that the item is counterfeit, we don't require the buyer to return the item to the seller. The buyer agrees to cooperate with us to ensure the proper disposal of the item. In such instances, we refund the buyer for the full cost of the item and original shipping, and the seller reimburses us for the refund. The buyer may not sell the item on eBay or elsewhere."

    However, in this case there aren't strong indicators of it being fake, at most you can confidently say he sent you a broken pair. If you want concrete proof, you need to contact Bose and ask them to verify it is fake. Either way, even if it's simply a broken product, the seller is still responsible for all fees for return.

    "When an item is returned to the seller

    The buyer must return the item in the same condition in which it was received.
    Buyers are liable for any loss in value of the item if this loss in value is attributed to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the item. The seller will deduct the amount of loss from the amount reimbursed to buyer.
    The seller is required to accept the return at the same location specified in the listing.
    The cost of return shipping is the seller's responsibility. For return of items with a total cost of $750 or more, we require signature confirmation.
    The seller pays for any customs charges on the returned item."

    Lastly, if the seller refuses to cooperate, just ask ebay to step in. To do this you first have to file an official problem for that order and give the seller the set amount of time. You can do this on your ebay account.

    • +1

      eBay Money Back Guarantee does not apply when paying via Bank Transfer.

      • +1

        Ah my bad, didn't even know that was a thing.

  • Ebay have a money back guarantee… http://pages.ebay.com/ebay-money-back-guarantee/ sorry didn't realise it doesn't apply to wire transfers… I'd still plead your case with ebay.

  • Buy this one https://www.ozbargain.com.au/node/336359 and forget the fake one.

    • bought this last week :D thanks

  • Go to your Bank and explain the situation. We did so in a slightly different situation where the seller told us at the last minute that they were actually sending a different version of the product (a camera) and we had already transferred the money. It was the same thing but a Japanese version which didn't cover Aus warranty. We went to the bank and they gave us some sort of legal note which we sent to the (profanity) on eBay who were clearly using and abusing the system. Worked a charm for us but not sure about your situation?

    • will do this once my sister comes back from overseas. thanks!

  • -4

    I'm surprised someone hasn't already mentioned this….

    BIKIES

  • As others have said lesson learned here is NEVER pay online using direct deposit. Always use credit/debit card or paypal that way you are protected by the inbuilt insurance and can easily reverse a transaction using chargeback.

    Scammers from what I've seen will always insist on direct deposit because they know it protects them and keeps the banks off their back to an extent.

  • No protection for bank transfer payment. Paypal is the only way to protect yourself for ebay Purchases.

  • +1

    man. i feel sorry for you bro. really hope he accept your return without any other excuse.
    but cant you contact ebay for solution? i don think bank can do much for bank tranfer
    best of luck mate

    • thanks man. ebay can only check the seller for fraudulent activities which can lead to their account getting suspended. but in terms of getting the money back, they cant do anything unless I paid via Paypal or CC

  • +1

    plead your case with ebay resolution with the copy of your "exchange of respond between you and the seller" im sure you will be alright

    • He did a bank transfer, so what exactly are Ebay supposed to do about his money?

      • they will refund the money depends who you talk to

        • Didn't realize they'd do that without PayPal involvement.

        • @xuqi: its all depends the rep tht you talk to, and with a strong proof that you received the fake one

  • +1

    Any update on this ??

    • the seller sent me this.

      https://imgur.com/a/b61Vt

      but not a transfer confirmation though. not much luck so far

  • -1

    Despite the Gumtree ad stating otherwise, he wouldn't allow me to pick up a pair lol

    • +1

      I suspect he has had an unusual number of enquiries.

      The OP has been online, perhaps he will update all the contributors.

  • @harvinchan:

    Do you fancy updating all of the people that offered you assistance?

  • I guess you gave up? Why you did return the fake item? You shouldn't have done that.

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

    Fake! verified with Bose.Returned item but refused to refund me.Lost 366AUD     
    

    Reply by timepieces_aus (24-Oct-17 02:13):
    Crazy Buyer has no proof of anything. We sold over 500 items without issues.
    Feedback was revised on 23-Oct-17 22:22

    Bose QC35 QuietComfort 35 Wireless Bluetooth Noise Cancelling Headphones Black (#332364950223)
    

    The seller has removed the listing though (or Ebay did). Interesting.

    • +1

      will give an update today. He sent me a screenshot of the transfer at 2 a.m after all the drama. the screenshot was not a confirmation though so still not sure. but I pretty much gave up. haha

      the story was:
      I returned the item, he's refusing to give me a refund unless I remove my negative feedback. so he sent me a feedback review. He said it was his final decision to refund me after I remove the negative feedback. so revised it to that "Fake! verified with Bose.Returned item but refused to refund me.Lost 366AUD"

      then at 2 a.m. he sent me a screenshot of the refund. still not sure if he actually transferred it. still waiting.

      yeah. not sure who removed the item from eBay. lol.

      • Let us know if the refund actually comes through. Wait for that before deciding on next steps.

        I wouldn' want other people to be unwittingly paying for fake rubbish like many have clearly done in the past.

        • +2

          will do. been refreshing the app every hour now to see if it comes through. hehe

          same here. it's too much hassle

        • +1

          @harvinchan: fingercross mate

  • Merged from I Got Played by an eBay Seller - Bose Qc35

    Hi ozbargain,
    I'll try to make this short.
    So last week I purchased a pair of QC35s off eBay from a seller called 'timepiece AU' for a bargain price -
    $331 (349 WITH 5% discount)
    Although they were 'refurbished' , but I assumed that they would be as good as new.
    Fast forward to today, I was noticing that the noise cancellation wasn't as good as the demo ones in the store. I took my unit to my local Bose store and they confirmed it as fake! They told me that it couldn't connect to the app, revealing it was a fake unit, and to top it off they said buying off eBay wasn't smart either :(
    Also, the listing got pulled off their store just after I purchased them, so that wasn't a good sign either.
    What are my options here? I've already contacted the seller in hope of a refund, but they arent replying. As I said before, the listing no longer exists-should I say bye to my 300$?
    Would appreciate some advice. Thank you.

    • Did you pay using paypal? Always a good idea to pay using Paypal.

      • Unfornately not :(
        I did a bank transfer

        • Hahah, you get stooged buying fake goods and then you pay using bank transfer. Now you want to buy a Lamborghini. I've got a bridge I want to sell you. LOL.

    • Maybe you should read this

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