eBay Seller Sent a Fake or Wrong Item? How to Get Your Money Back in Australia

The listing said genuine. What arrived is a knock-off. Or it’s the wrong model, the wrong size, broken in the box, or the box was empty. Tracking says “delivered” but nothing came. And the seller’s replies have gone from “so sorry, will sort it” to silence to “case closed in seller’s favour” because you missed some window you didn’t know existed.

eBay’s dispute system is one avenue. It’s not the only one, and it’s not the strongest. Australian law applies to sellers here, and your bank has a mechanism eBay can’t block.

Your rights

• Australian Consumer Law applies to business sellers. If the seller is “in trade or commerce” (regular sales, a store, business-like volume), the consumer guarantees apply: goods must match their description (s 56), be of acceptable quality (s 54), and be fit for purpose (s 55). Selling counterfeit goods as genuine is a false representation (s 29(1)(a)) and misleading conduct (s 18). “No refunds” in a listing is void.
• Private sellers. Consumer guarantees don’t apply to genuinely private one-off sales, but misleading conduct principles and general contract law still do. A private seller who described a fake as genuine has misrepresented the goods and you can rescind the sale.
• eBay Money Back Guarantee. Covers item not received and item not as described, but you must open a request within 30 days of the estimated delivery date, and escalate to eBay if the seller doesn’t resolve it within 3 business days. Missing these windows is why people lose.
• Chargeback and PayPal. Independent of eBay. Card chargebacks typically have 120 days; PayPal Buyer Protection has 180 days. eBay can’t stop either.
• Counterfeits. Selling counterfeit goods breaches the Trade Marks Act 1995 and the ACL. It’s also something eBay’s VeRO program and the ACCC take seriously.

What to do right now

1. Photograph what you received, unboxing if possible. The packaging, the label, the item, any authenticity markers (or lack of). Compare side by side with the listing photos. Screenshot the listing itself before it disappears.
2. Open an eBay request today if you’re within 30 days. “Item not as described” or “Item not received”. Use the exact words. Attach photos. If the seller doesn’t resolve within 3 business days, escalate to eBay immediately.
3. For “delivered” but not received, get the carrier’s proof. Ask Australia Post or the courier for the delivery scan location and any photo. Often it shows delivery to a different address, which wins the case.
4. Chargeback or PayPal dispute in parallel. Don’t wait for eBay. Contact your bank (or PayPal) and lodge the dispute with your evidence. If eBay refunds you first, you can withdraw it.
5. Get an authentication if it’s a counterfeit. A written assessment from an authorised dealer or a reputable authentication service turns “I think it’s fake” into evidence.
6. Send a Letter of Demand to the seller. If they’re an Australian business seller and the platform routes have failed or timed out, a formal letter to their registered business address (look them up on ABN Lookup using their eBay store details) citing ss 18, 29, 54–56 ACL, demanding a refund by a deadline before fair trading and tribunal action, is the next step. Sellers with feedback to protect often respond to one.

Winning the eBay case: what actually works

• Use eBay’s exact categories. “Doesn’t match description or photos”, “Arrived damaged”, “Missing parts”, “Counterfeit”. The case is assessed partly by algorithm, and the category matters.
• Return the item if asked, with tracking. If eBay tells you to return it for a refund, do it, and upload the tracking number in the case. Sellers frequently claim non-receipt; tracking ends that. eBay generally provides or reimburses return postage for “not as described” cases.
• Don’t close the case because the seller promised a refund. Once closed, you can’t reopen it. Leave it open until the money is in your account.
• If the seller offers a partial refund to “keep it”, decide on the merits. Sometimes sensible for minor issues. For counterfeits or major faults, refuse and escalate.
• For “delivered” items you didn’t receive: eBay often sides with the seller if tracking shows delivery. Beat that with the carrier’s evidence (GPS scan location, signature, photo), a statutory declaration that you didn’t receive it, and a police report for theft. Then chargeback if eBay still refuses.

Counterfeit-specific. eBay’s policy is that counterfeits are refunded and the buyer is not required to return them (sending fakes through the post is itself problematic). Report the listing under “counterfeit” as well as opening the case. Brand owners’ VeRO teams will often confirm an item is fake if you email them with photos.

Identifying a business seller. eBay store, ABN in the listing, “business seller” label, high volume, or new items in quantity. Any of these means the ACL applies in full. Their business address is usually in the “business seller information” section of the listing, which you’ll need for a Letter of Demand or tribunal claim.

Amounts. For anything over a few hundred dollars from an Australian business seller, don’t stop at eBay. The tribunal route is cheap and the ACL is unambiguous.

Who to complain to

eBay Resolution Centre (within the windows). PayPal Resolution Centre or your bank’s disputes team. ACCC and state fair trading for business sellers and counterfeits. For a scam seller, Scamwatch. For a money claim against an Australian seller, your state civil tribunal. For an overseas seller, chargeback is usually the only practical remedy; do it fast.

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