eBay Seller Sent Knock off Transformers What to Do?

hikaru78 on 28/10/2019 - 13:28
Last edited 28/10/2019 - 13:36

Bought my son some transformers for his birthday
Paid $129 for Transformers Arielbots Superion

I don't live with him and had it sent straight to him.

The pins on one of then were crap so I contacted the seller.

Who advised they checked it personally (It was sent from china) They are from Sydney but were miraculously in china at the time of my order and that transformers are a generic name for a transforming robot
pretty sure Transformers is a registered trademark but I could be wrong

If I wanted knock offs I would have just jumped onto aliexpress and paid $70 for the same thing.

Call me a bit petty I want to punish them for being full of crap scammers

I have read somewhere Australia post actually prohibits the sending of fake or counterfeit goods. The only thing i can see is about importation not actually domestic???

Has anybody had experience dealing with eBay and PayPal in cases like this, what was the outcome?

Toys & Kids Transformers

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Comments

  • Kangal on 28/10/2019 - 13:34
    -6

    Yes.

  • QW3RTY on 28/10/2019 - 13:42

    I'm a bit confused.

    1. Did they deliver the product that you ordered? That is, does the listing differ from the good received?
    2. Is the good faulty?
    • hikaru78 on 28/10/2019 - 13:48

      i ordered transformers and received Chinese knock of ones instead and the quality on them isnt as good as the original

      • Hybroid on 28/10/2019 - 14:36
        +6

        Nope, you bought exactly what is listed and received the same product as pictured.

        Listing even says Brand: Kubian so unfortunately this was your error, if it's not what you wanted.

        • hikaru78 on 28/10/2019 - 16:31

          https://www.ebay.com.au/help/policies/prohibited-restricted-…

          Now according to this seller isn't allowed to list anything and ill just paraphrase here
          replicas, unauthorized copies or items that may infringe on someone else Copywrite or trademark

          Now Given the item was listed as a transformer, i would at a guess make the argument that. the items are either a replica or unauthorized copy of the original Transformer product.

          The fact that in the listing it says Kubian as actually irrelevant as the goods cannot be sold on eBay as they are an unauthorised copy that infringes on hasbros trademark.

          If for example the listing was for a transforming robot plane combiner i may not have a leg to stand on.

  • spackbace on 28/10/2019 - 13:51

    Link to the listing?

      • spackbace on 28/10/2019 - 13:58
        +3

        Ok nothing on his profile shows overseas (normally a telltale sign), no neg feedback reflecting this either.

        Big red flag however is the non-english on the box on the pictures. This is how it should look.

        I'd go chasing a refund for sure, given that nothing stated it was non-genuine. But just FYI for next time keep an eye on the red flags

        • FW190 on 28/10/2019 - 14:23
          +6

          given that nothing stated it was non-genuine

          OTOH it doesn't state it is genuine either, no where in the description does it say "Hasbro", "Taikongzhans" would've been a dead giveaway.

          but I am guessing OP is not a toy nerd so can't really expect him to spot the tell tale signs from a mile away.

          probably best to threaten a neg feedback and push for a refund.

          • spackbace on 28/10/2019 - 14:23
            -1

            @FW190:

            probably best to threaten a neg feedback and push for a refund.

            No need to threaten, eBay/Paypal should come to the party

            • Ocker on 28/10/2019 - 14:32

              @spackbace: eBay will take no action if a buyer lodges a complaint that an item is counterfeit. They will only act if the copyright holder lodges a formal complaint.

              • spackbace on 28/10/2019 - 14:43
                +2

                @Ocker: https://www.ebay.com.au/help/policies/ebay-money-back-guaran…

                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.

                Easy enough

                • qwerty on 28/10/2019 - 17:46

                  @spackbace: Thats a good way to get your paypal and ebay closed and possibly get sued by the seller

                  The seller was selling Taikongzhans but the add wrote transfomers

                  The product has no hasbro or transformers markings on the box - nothing is counterfeit

                  You would be lying on the stat dec and they could counter it if they really wanted to

                  Contact seller first , if they dont agree do a product not described and send it back and dont go down the counterfeit route

                  • hikaru78 on 28/10/2019 - 19:27

                    @qwerty: I never said the word counterfeit.

                    They are in my opinion a replica of the original product or an unauthorized copy that infringes on hasbros Copywrite. as such has no business on ebay as per the fake item policy.

                    Its like fake apple watches they don't actually say apple watch but you can't get them on ebay because the violate the fake item policy

      • brendanm on 28/10/2019 - 14:08
        +7

        Come on now, the "cool become brave" and looking like cheap Chinese crap didn't let you know it wasn't real?

        At any rate, contact PayPal, tell them you want a refund, show them that it's a fake (pretty easy as it's blatantly obvious), and tell them it's illegal for you to post fakes back. You will get a refund and keep the crap toys.

        • Hybroid on 28/10/2019 - 14:34
          +7

          It's NOT fake though. The product supplied is exactly as pictured and mentioned. Even says Brand: Kubian.

          To be honest, this isn't the seller's fault at all but 100% OP for buying incorrectly.

          • brendanm on 28/10/2019 - 14:37

            @Hybroid: It's listed as "transformers" though, which it's not, which will be ops get out of jail card. I have no idea whatsoever about transformers and can tell it's a Chinese knockoff, I'm sure op would have had a decent idea.

            • Hybroid on 28/10/2019 - 14:40

              @brendanm: It is a 'Transformers Toy', that's what 'Taikongzhans' is translated into. I'm not a fan of cheap Chinese tat but this is on the buyer for making poor choice.

              • brendanm on 28/10/2019 - 14:43

                @Hybroid: Fair enough, I'm no good with translations. Transformers is a trademark though, this isnt genuine transformers. I'm sure op knew this already, and is hoping for free knock off transformers

              • hikaru78 on 28/10/2019 - 14:48
                +1

                @Hybroid: tbh I looked at the photo for about 3 seconds and that's probably my fault

                That being said the toys are reproduced without a license and are in breach of ebays fake items policy

                • SydStrand on 28/10/2019 - 18:51
                  -1

                  @hikaru78: It says 'Taikongzhans.'

                  Do you also kick up a stink at the flea market too?

          • Sainter4Life on 28/10/2019 - 16:27
            +1

            @Hybroid: I think the same, not much more the seller can do to show what is for sell. Buyer need to take some responsibilities as well, if you are not sure what you are buying then don't buy it or at least buy from a well known local seller like TRU or Target. These are not counterfeit goods, they are knockoffs there is a big difference.

            • hikaru78 on 28/10/2019 - 16:36

              @Sainter4Life: My argument on this is quite simple. eBay doesn't allow for selling knockoffs or replicas or unauthorized copies end of the story.

              I did a simple check and ordered it in a hurry. The item I purchased was a transformer arielbot superion
              it is none of these things.

              The whole idea of ebays fake item policy is so I as a buyer don't have to check because the onus is on the seller to make sure what they sell doesn't violate ebays policy

              it shouldn't be for sale on ebay in the first place

              • Sainter4Life on 31/10/2019 - 14:29
                +1

                @hikaru78: Ok, I have just read eBay's policy again and I don't think this listing falls under any of the below category.

                • Fakes or replicas of brand name items (for example, a purse bearing the Chanel name or logo that wasn't made by Chanel)
                • Counterfeit electronics and accessories
                • Bootleg recordings from concerts or other live shows
                • Unauthorised or pirated copies of movies, videos or software

                The policy aside, you are basically refusing to take any responsibility for a purchase you made because you didn't take the time to check the listing properly. You probably searched for the item and bought from the cheapest local listing and hoping it was legit. All the local listing that looks legit are selling the same item for double than what you have paid for so it should have rang a bell. I don't like knockoffs but there is obviously a market for them given how expensive toys are these days but as a buyer you are responsible to check the listing carefully before you buy because at the end of the day no one forced you to buy the item. You'd probably get your money back via PayPal although I don't agree the seller should take all the responsibility for a buyer mistake.

                • hikaru78 on 31/10/2019 - 15:05

                  @Sainter4Life: We will agree to disagree
                  The title was transformers Autobot superion
                  Its none of these 3 things
                  If you check on aliexpress all the knockoffs don't even advertise themselves as transformers "They use words like transforming robots"

                  The goods are replicas of the origin Transformers that infringe Hasbro's Copywrite holder. Unable to be listed under eBays fake item policy.

                  I absolutely am taking no responsibility for checking because, as far as I'm concerned the seller should not be selling it labeled as transformers Autobot superion in the first place. Had seller abided by eBays policy the item would not have come up in my search at all and there is no way I would have purchased it.

                  • Sainter4Life on 31/10/2019 - 16:33

                    @hikaru78: Surely you'd know that eBay is an open market and any random person can post an item for sale right? That's why I always tell myself and any relatives to be extra careful when making purchases on eBay for the exact reason. I mean you have to learn to protect yourself and limit the possibility of getting yourself in to these kind of situations and the best way is to check carefully before you buy. I wouldn't call the seller a scammer either because for the fact that the information on that listing did not warrant that tag. The title might be misleading to an extent but anyone who reads that listing properly can tell the seller is selling a knockoff product. If anything this is more of an IP infringement than copywrite because the goods does not have any of Hasbro's trademark on the boxes. I think your son is the real victim here to be honest as I really feel for the little guy for having to experience the disappointment of receiving a low quality knockoff toy on his birthday.

                    • hikaru78 on 31/10/2019 - 16:50

                      @Sainter4Life: Yes eBay is an open marketplace. But sellers are bound by rules. As a buyer im protected by those rules
                      If you look at aliexpress and the like. Sellers are very careful not to use words like transformer or autobot. Words like that are ip belonging to hasbro. You admit that the title is misleading. So im not sure what the argument is. The seller used a misleading tittle that misrepresented their product. If they did so in even part of their add which we all agree that they did. Then i will use the policy in place to get a refund and just buy one from another seller.

                      • spackbace on 31/10/2019 - 17:27

                        @hikaru78: It's been 3 days, surely there's been a decision 1 way or the other by now…?

                        • hikaru78 on 31/10/2019 - 17:40

                          @spackbace: ebay waits out a period runs out toomorrow

                        • hikaru78 on 04/11/2019 - 17:59
                          +1

                          @spackbace: eBay sided with me. full refund.. on a side note the seller has goods that are even worse than this one. They have labeled transformers with transformers pictures and logos but he has marked them as KO. Pretty sure it is not going to end well for those

                      • Sainter4Life on 02/11/2019 - 01:34

                        @hikaru78: The whole point I was making is that you should not be making eBay purchases based on the title and be more careful when making purchases on eBay.

      • HighAndDry on 28/10/2019 - 15:22

        The logo on the box should've given it away, seeing it's not an Autobots or Decepticon badge.

        • sabracad on 29/10/2019 - 20:48

          Not sure if Tomy have sole distribution rights but in the case of linked item the word autobots does appear in the ad despite the logo not appearing and if you look through the product sale history he's selling other figurines that are clearly intended to be seen as "real" - Optimus Prime and Megatron etc. The prices aren't that great considering how they look compared to Tomy products.

  • whooah1979 on 28/10/2019 - 14:09
    +2

    Did you buy Taikongzhans or Transformers?

    • DarthAntz on 31/10/2019 - 17:37

      "Autobots, TAIKONGZHAN!"

  • 87percent on 28/10/2019 - 14:35

    jinbao are the ones you want if you want to go knockoffs

  • buckster on 28/10/2019 - 14:38
    +23

    Did you get suboptimal prime?

    • Kangal on 28/10/2019 - 15:32

      Clearly there's more than meets the eye!

  • ode1online on 28/10/2019 - 15:15

    Although the PHOTOS are clearly NOT Transformers , The listing does state TRANSFORMERS, SO I can see the sellers mistake, as if they were ordering in Haste its easy to do, as well as the fact as they are listed as Australian seller, (possibly ordering them themselves after the fact)
    Id definitely bring it up wit the seller that they are fake and you would like a refund.
    But as they say Fool you once !

    • Sainter4Life on 28/10/2019 - 16:23
      +1

      The seller did list the item correctly as far as I'm concerned. The theme is transformers and the brand is Kubian so the seller is clearly not trying to hide the fact that they are knockoffs. I have heard many people (Kids and Adults) referring transforming robots as transformers so take it which ever way you like but I don't you have a case.

    • profar on 28/10/2019 - 19:40

      Continuing on this theme : not fit for purpose or don't match the seller's description .

      Bottom line is you paid 1200% more than you should for a item you thought was a Transformer . Was just cheap rubbish .

      Open A Paypal case you and you will win .

      After $$$$$$$$ back neg the @# er .

  • FireRunner on 28/10/2019 - 16:04

    I think you should be able to get your money back.
    Nothing to lose opening a case so may as well go for it.

  • vikvance on 28/10/2019 - 21:22

    The seller is a scammer.

    Similar items are available for around $30 on AliExpress. The seller probably bought them for around $10 wholesale from China, and is selling them on eBay with an astronomical markup, for $122.

    https://www.aliexpress.com/item/33014012743.html?spm=a2g0o.d…

    I would raise a case with eBay because "Transformers" is a trade mark of Hasbro, and the product that the seller provided you is clearly not a genuine Transformers (TM) toy.

    • bobbified on 29/10/2019 - 02:25

      The seller probably bought them for around $10 wholesale from China, and is selling them on eBay with an astronomical markup, for $122.

      Umm… how else do you think businesses make money?

  • tanastra on 31/10/2019 - 10:35

    eBay money back guarantee works 150% for buyer , I’m talking as a seller here that basically has no rights as a seller for the reputation of eBay !! So , do it now before 30 days time is up !! Especially your case is about counterfeiting .

  • Wombatstew on 31/10/2019 - 11:21

    Just Raise a case with eBay / PayPal. You will either get your money back or not. That is the only action you need to take right now to determine what the actual outcome will be.

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