Quincy, Washington
Not resolved

I have always had PayPal as my # 1 choice as a form of payment for all my online transactions. I have had so much confidence in using this service that I can only feel very disappointed with the outcome of

my first claim against a seller who is clearly selling counterfeit merchandise online.

One of the reasons for filing a claim is under the category "Significantly Not as Described" or "What you bought was very different from what you actually got -- PayPal's Buyer Complaint Policy lets you submit a dispute for an item that is significantly not as described. By doing so, you have the opportunity to resolve your dispute directly with the seller. Visit the PayPal Resolution Center to file a dispute.

In her ad, he seller described and posted a picture of a SanDisk 32Gb memory card. The merchandise I received is a gross imitation of an original SanDisk card and no longer works. Please, note the difference between an original card and the card I received:

Genuine has a 'notch' at the bottom edge of the card. Fake does not have the 'notch' is all flat.

The card on the left is an original SanDisk, with the notch on the bottom as one of the features pointed by the manufacturers in a buyers' beware campaign. The card on the right is the counterfeit, with no notches.

After an attempt to resolve the case, I decided to escalate to a claim when the seller offered me a partial refund and requested I returned the counterfeit item so that she could sell it to other customers. Based on PayPal's own statements (copied below) about how to help prevent fraudulent activity, I decided not to return the item, escalate the dispute to a claim and contact PayPal.

Much to my surprise, my case was decided in favor of the dishonest merchant.

Should I have accepted the partial refund? Should I have returned the item to the seller, who stated in her emails to me that she had other customers interested in a defective item I would return?

I think that the judgement was unfair and incoherent with PayPal's own fraud protection statements.

I would really appreciate if this case could be reviewed.


Vânia Winters/Stan Winters

Here are PayPal's statements regarding fraudulent transactions mentioned in the above paragraph:

"Check if the seller is still actively listing the same counterfeit items today!

After confirming receiving counterfeit item, please follow eBay guideline to contact seller to obtain full refund from seller. However if you are NOT telling PayPal/eBay about this problem, you are NOT assisting the process of exposing counterfeit sellers.

Many counterfeit sellers are willing to provide full refund, only if they get caught by you, if you did not catch them, they are laughing their way to the bank. So it is STRONGLY recommended that you must always file a report to PayPal/eBay by completing the Item Not Received or Significantly Not as Described process dispute after 10 days of item closing date so they are alerted of the development of fraudulent transaction and seller's BAD record will be permanently written in PayPal/eBay dispute system. If you have paid by Paypal, completing the Paypal Buyer Complaint Process to obtain full refund from Paypal within 45 days. Effectively you will get your money back either from the seller or from Paypal. Most important by going through the PayPal/eBay reporting procedure, you have assisted the process of exposing fraudulent sellers on eBay.

Since you have NOT been provided with what you have paid for, it does not falls into seller's return policy of faulty product so that they can get away for you to return the fakes at your own cost. Counterfeit is FRAUD, do not settle with the seller unless the seller is paying for all the associated return shipping cost of the item. You are covered by the 90 days protection period under eBay Standard Purchase Protection Program.

In many countries it is actually ILLEGAL to post counterfeit merchandise by mail or by commercial carrier, if the merchandise is being discovered by your local Customs, they will be confiscated with HEAVY FINE to both sender and recipient. If PayPal / eBay seriously wants you to ship the counterfeit items back to sellers before offering a refund to you, you should seriously bring the LAW to their full attention.

You still own the right to provide negative feedback against the seller to alert the fraudulent situation to warn other eBay buyers to uphold the eBay values and community spirit. Provided that you have provided negative feedback to the seller and if subsequently the seller provides you with an unfair retaliatory negative feedback, you have a case to lodge against the seller by requesting eBay for feedback removal to fully protect your feedback.

Beware that intentional wrong feedback extortion tactic is on the increase where you will receive a "positive comment/feedback in writing" but then it was purposely selected as red negative. Sellers are using this tactic so it would make you to believe that he has carelessly chosen the wrong feedback radio-button so that you would agree to mutually to retract the negative feedback you have provided him earlier in order to hide all his past BAD ratings. They have sold you a counterfeit, so don't fall into his feedback trap the second time.

In most countries, FRAUD is a CRIMINAL offense and injunctions may be brought against the fraudsters to prevent them from moving on under a different name after being banned. Thus, you may choose to contact your law enforcement agencies or each respective brand manufacturers in your region, to report counterfeit and provide them with your item detail and the source of the item, seller's address and contact phone number.

Monetary Loss: $130.

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Myrtle Beach, South Carolina, United States #906887

ALWAYS use a real credit card not a debit card for e-bay payment. I have found AMEX, VISA, Mastercard & Discover will get things done much faster than either pay-pal or E-bay.

Recently had a package never arrive, Pay-pal said as long as the seller produced a receipt of mailing NOT receiving just mailing tough s***.

AMEX demanded proof of receiving it which he could not money refunded, bad feedback he left removed. If I had been using pay-pal alone I'd be out of luck


:) To get paypal to refund your money for a counterfeit item, after you have told them you are not sending the item back to china, and then tell them you are not going to get a "dealer", in the case of a DVD or Video game, Walmart to write you a letter. You need to call them at 1-888-221-1161 and politely tell them you are giving them 5 days to refund your money or you will be filing in small claims court.

You can file easily and get the item amount, court costs and LOST WAGES. I must have sounded like I had a good salary because the lady refunded my money as fast as she could type!

I was wasting my time calling them, my husband told me to get on them about small claims court. There's no way PayPal would win as long as you have your documentation and they know it.


I'd have filed a complaint with both the Federal & State Authorities and San-Disk as well........If not others will get scammed just like yourself


Thanks for the sympathy, everyone! I do have a tip to share: I talked to a real person at PayPal who advised me to file a claim with this website: www.ic3.gov.

It is a website which investigates all sorts of Internet fraud, solicitations, or illegal transactions.

It is a governamental site, connected to the FBI. I think that if everyone who is cheated in a bad faith transaction reports it, we will clean up the world of dishonesty, one crook at a time.


You are right, in some respect Ioffer is a scam, however if you think about it, so is e-bay or any other auction site out there. Anytime you buy online, you are taking a chance of having your money stolen or receiving a faulty item, that is just the way it is.

Remember the old rule of thumb, if it looks to go to be true, it usually is. I personally like Ioffer, I have never had problems with them and I have been using them for years. Yes, I am taking a lot of chances on buying from them, but I take a lot of chances on buying from sites like e-bay whom I have had bad experiences with, but I don't write them off, I just learn from my mistakes, no matter how expensive the mistake is.

Just cause you ran into one or two faulty sellers or buyers, does not mean you should write off the site all together, cause if that was the case, I would of wrote off ebay years ago!! Shop with caution and again, "If it's too good to be true, it probably is" However, thats not always the case either.......


Do not purchase from "getjyhd"- SCAMMER


Ioffer is a scam.... I dont know how those scumbags who trade on the site Sleep at night.

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