Ebay is a great place to find bargains, but it is also a great place for all kinds of scammers. A case in point is a purchase I made on ebay of a pair of "genuine" Oakley Razrwire sunglasses with bluetooth module. Prior to bidding on the auction I read several ebay guides about fake/counterfeit Oakleys being sold on ebay. The guides had good advice such as don't buy sunglasses that don't come with the original packaging or don't buy from a seller with little or no feedback. This was helpful as far as it went, but it didn't go far enough. In my case, the auction was from a seller with more than 2500 positive feedbacks and the sunglasses came in what appeared to be the original packaging with several photos on the auction page. So here is my advice.
First, if you are thinking about buying a pair of Oakley Razrwires on ebay (or any other Oakleys or other high priced designer items), go to an authorized reseller in your area and check out the real thing. Oakley Razrwires with the bluetooth module only came in three frame colors: Mercury (Silver), Platinum (Gold) and Pewter (Gun metal grey). The pair I bought were supposed to be pewter (it even said "pewter" on a sticker on the "original" box in which they came!), but when I opened the box I immediately saw that the frames were Black. Since Oakley never made the Razrwire with a black frame, I was immediately suspicious.
Second, any time you buy something on ebay that could potentially involve a scam, it is a good idea to open the package in front of witnesses when it arrives. Otherwise it is just your word against the word of the seller as to what was actually in the box.
Third, even if you think they are genuine (some counterfeits are pretty good), take them to an authorized Oakley dealer and ask them to verify that they are genuine Oakleys. Many resellers can tell you immediately if you have been sold fake/counterfeit Oakleys. If they have any doubts, they can send them to Oakley for verification. This is what I did. Oakley offers this as a free service, and even if your sunglasses are fakes, Oakley will return them to you, along with a letter confirming that they are fakes (this is important in the event that you want to take legal action or file a dispute with ebay or paypal for a refund).
Fourth, if you discover that you have been sold fake Oakleys, you should immediately contact the seller, ebay and paypal (if you paid through paypal). You should also contact the police. The sale of counterfeit items is not only contrary to ebay policy, it is illegal. The seller will probably try to get you to return the fakes for a refund. DO NOT RETURN THEM! It is illegal to send counterfeit items through the mail and if you return the fakes, you have broken the law. When I filed my dispute with paypal they initially sent me an e-mail telling me to return the item to the seller. After I replied by reminding them that this was illegal, they sent me another e-mail telling me NOT to return the item. Paypal later sent me an e-mail telling me to destroy the item, but this too is illegal (destruction of evidence).
Fifth, remember that buying and selling on ebay is a legal contract. If a seller's auction states that the item for sale is a pair of genuine Oakley Sunglasses and if he accepts your payment at the end of the auction, he is legally bound to provide you with the genuine article! If you receive a fake, the seller is in breach of contract. Don't be too quick to accept a refund, insist that the seller provide what you paid for! You probably won't get it, but if you paid through paypal you should be able to get your money back anyway - be sure to read carefully the time frame in which you must file a dispute with paypal or ebay!
Sixth, remember that ebay and paypal have a responsibility to be as objective as possible. If you file a dispute because you received a counterfeit item, they will want proof. This is especially true if the seller has a large number of positive feedbacks. This is where a letter from Oakley (on their letterhead) stating that the sunglasses are fake is helpful. And if you get requests to return or destroy the item, it is helpful to have a copy of a police report to send to ebay and/or paypal.
Seventh, most of the above refers to what you can do if you receive a fake/counterfeit item. It can be a long, time consuming process. There is no way to be 100% sure of avoiding a scam. However, I would suggest that prior to bidding you send the seller an e-mail through ebay asking for verification that the item is genuine and informing the seller of your intention to take the item to an authorized reseller for verification. If you don't get a response, don't bid! If you do get a response, and you win the auction, be sure to carry out the verification when the item arrives.
Reporting scammers is an important part of keeping ebay a safe place for honest people to buy and sell.
Guide created: 02/11/07 (updated 06/05/08)

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