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Fake merchandise off of eBay

i n c u b u si n c u b u s Registered User regular
edited January 2009 in Help / Advice Forum
So I just received a copy of Pokemon Emerald I bought off of eBay and I'm pretty convinced that it is fake. Here are the reasons why:
-The box is printed pretty poorly.
-So is the manual.
-The sticker on the game is not shiny.
-It doesn't have nintendo engraved on the cartridge.

So with that being said, what are my options? Can I go through eBay and say that I was sold fake merchandise and get my money back? Or does it really matter that its fake because if it's perfectly playable than I'm ok with that. All held/advice is welcome and thanks guys!

Platinum FC: 4941 2152 0041
[SIGPIC][/SIGPIC]
i n c u b u s on

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    I'd Fuck Chuck Lidell UpI'd Fuck Chuck Lidell Up Registered User regular
    edited January 2009
    probably best to not have a fake cartridge, as it falls on you if it's discovered by someone willing to press charges that it's actually fake (not likely but still legally it's not good) there was actually a thread about this in accumulated knowledge. you can try to complain to the seller and get your money back, i doubt this will work, and you will probably get a bad comment on your page, so when that fails I'd say talk to ebay about it. first though, try to talk to the seller.

    I'd Fuck Chuck Lidell Up on
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    wasted pixelswasted pixels Registered User regular
    edited January 2009
    probably best to not have a fake cartridge, as it falls on you if it's discovered by someone willing to press charges that it's actually fake

    What "charges" would they press?

    OP, get on the horn with eBay and see what they think the best course of action is. You probably have a case for a refund, as the product is at the VERY least significantly not as described.

    wasted pixels on
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    supabeastsupabeast Registered User regular
    edited January 2009
    Keep the cart and contact Nintendo directly so that it can pursue legal action.

    supabeast on
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    I'd Fuck Chuck Lidell UpI'd Fuck Chuck Lidell Up Registered User regular
    edited January 2009
    probably best to not have a fake cartridge, as it falls on you if it's discovered by someone willing to press charges that it's actually fake

    What "charges" would they press?

    OP, get on the horn with eBay and see what they think the best course of action is. You probably have a case for a refund, as the product is at the VERY least significantly not as described.

    i'd say running around with a non approved nintendo cartridge might count as piracy

    I'd Fuck Chuck Lidell Up on
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    SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited January 2009
    probably best to not have a fake cartridge, as it falls on you if it's discovered by someone willing to press charges that it's actually fake

    What "charges" would they press?

    OP, get on the horn with eBay and see what they think the best course of action is. You probably have a case for a refund, as the product is at the VERY least significantly not as described.

    i'd say running around with a non approved nintendo cartridge might count as piracy

    Ay, matey.

    Six on
    can you feel the struggle within?
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    ForarForar #432 Toronto, Ontario, CanadaRegistered User regular
    edited January 2009
    i doubt this will work, and you will probably get a bad comment on your page

    As of late last year, sellers can no longer leave Negative feedback for buyers.

    I don't entirely agree with the change, but it's worth mentioning.

    Forar on
    First they came for the Muslims, and we said NOT TODAY, MOTHERFUCKER!
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    wasted pixelswasted pixels Registered User regular
    edited January 2009
    probably best to not have a fake cartridge, as it falls on you if it's discovered by someone willing to press charges that it's actually fake

    What "charges" would they press?

    OP, get on the horn with eBay and see what they think the best course of action is. You probably have a case for a refund, as the product is at the VERY least significantly not as described.

    i'd say running around with a non approved nintendo cartridge might count as piracy

    That's a hell of a stretch, but even if you're right (you aren't), non-commercial copyright infringement is a civil matter, not a criminal issue.

    Nobody is going to mistake the OP for someone selling bootleg merchandise, don't scare him for no reason.

    wasted pixels on
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    PeenPeen Registered User regular
    edited January 2009
    Ok wow guys. A friend of mine got all five seasons of B5 from Hong Kong through Ebay, probably pirated, and he doesn't feel at all guilty about it. Maybe he should, but he doesn't. Nintendo's not going to find you and break your legs.

    If the game plays fine and you're happy with the purchase, then rock on my man.

    Peen on
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    GanluanGanluan Registered User regular
    edited January 2009
    Yeah, why should you feel guilty buying pirated stuff?

    Oh wait....

    Alerting Nintendo and eBay would at least allow some sort of action to be taken.

    Ganluan on
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    wasted pixelswasted pixels Registered User regular
    edited January 2009
    Ganluan wrote: »
    Yeah, why should you feel guilty buying pirated stuff?

    Oh wait....

    He shouldn't feel guilty, he had no intention of buying counterfeit goods. He should demand a full refund, yes, but he didn't do anything wrong.

    wasted pixels on
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    GanluanGanluan Registered User regular
    edited January 2009
    Ganluan wrote: »
    Yeah, why should you feel guilty buying pirated stuff?

    Oh wait....

    He shouldn't feel guilty, he had no intention of buying counterfeit goods. He should demand a full refund, yes, but he didn't do anything wrong.

    I was referring to the guy above him implying that he shouldn't do anything about it. I'd feel guilty if I bought something pirated and didn't report it at least, because otherwise you're tacitly accepting the practice.

    Ganluan on
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    wasted pixelswasted pixels Registered User regular
    edited January 2009
    Ganluan wrote: »
    Ganluan wrote: »
    Yeah, why should you feel guilty buying pirated stuff?

    Oh wait....

    He shouldn't feel guilty, he had no intention of buying counterfeit goods. He should demand a full refund, yes, but he didn't do anything wrong.

    I was referring to the guy above him implying that he shouldn't do anything about it. I'd feel guilty if I bought something pirated and didn't report it at least, because otherwise you're tacitly accepting the practice.

    Fair enough, it was just hard to tell where that was targeted without the benefit of a quote. Also, you ninja edited a bit of context in there after I had already hit reply. ;)

    wasted pixels on
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    EggyToastEggyToast Jersey CityRegistered User regular
    edited January 2009
    You should complain to the seller, demanding your money back. Unless they advertised it as a backup copy or something stating that it was not in fact the actual, retail version of the game, you bought it with the understanding that it was legit.

    Then, you should alert eBay to the fact that the seller is selling counterfeit goods. Point out that it's counterfeit, not fake or pirated or whatever.

    Nintendo probably won't care -- there's a billion of these guys out there. Still, if you want to go all out, dropping Nintendo a note certainly wouldn't hurt.


    For future reference, most people that use eBay for video games can spot the counterfeits from a mile away, as they typically come from China, and those that don't usually have odd photography for the items or are using stock photos. They also typically go for significantly less than other copies. If you see an item selling from Some Guy in Alabama that's going for $25, and this other one that's selling for $5, you have to wonder -- why is no one else bidding on this cheap one? And why does it come from Singapore?

    EggyToast on
    || Flickr — || PSN: EggyToast
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    oncelingonceling Registered User regular
    edited January 2009
    eBay didn't receive any money from you so there's nothing for them to "give back" to you. This is really a question of how you paid for the item.

    Assuming you used PayPal (assumption based entirely on it's prevalence on eBay) they have a policy for counterfeit items. You will send the item to them, and they will return what you paid for the item.

    Here's the process:

    1. Log in.
    2. Go to the "resolution center" on the left nav.
    3. Open a dispute saying the item is "Significantly not as described".
    4. Detail why the item is counterfeit in your comment box.
    5. Wait for instructions, do not allow the time to elapse, keep checking your dispute options.

    When you've dealt with getting your money back, you can use this process to lodge a complaint against the seller with eBay:

    http://pages.ebay.com/help/policies/replica-counterfeit.html

    (Note the "report" button on this page is what you want).

    onceling on
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    Kate of LokysKate of Lokys Registered User regular
    edited January 2009
    probably best to not have a fake cartridge, as it falls on you if it's discovered by someone willing to press charges that it's actually fake

    What "charges" would they press?

    OP, get on the horn with eBay and see what they think the best course of action is. You probably have a case for a refund, as the product is at the VERY least significantly not as described.

    i'd say running around with a non approved nintendo cartridge might count as piracy
    By that particular brand of fucked-up logic, anybody who ever bought any knock-off, bootleg, or imitation ever would be at risk of being slammed up against the wall and handcuffed at any time.

    Christ, my church-going, upstanding, pillar-of-their-community parents bought fake Rolexes when we were down in Mexico years back, just for the hell of it. Pretty much anyone who buys a designer handbag on eBay is getting a counterfeit version. I have yet to see a wave of mass arrests sweeping the nation over those particular infractions, so telling the OP that he's going to get busted the instant somebody spots the tell-tale signs of a bootleg cart in his GBA is less than helpful.

    Kate of Lokys on
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    PeenPeen Registered User regular
    edited January 2009
    Thank you Kate, that's the point that I was trying to make.

    Plus, have you ever tried to get your money back from someone on eBay when the didn't want to give it to you? The site's enforcement mechanisms are laughable, all they can really do is ask the person nicely to do it and then ban their account and my guess is that Mr. Bootlegger will just make another.

    If you bought it in good faith, thinking it was legit, then I wouldn't even feel guilty about it.
    And before someone brings up "Nintendo won't get their money, boo hoo," if you've ever shopped at Gamestop and bought something used you're equally guilty.

    Peen on
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    oncelingonceling Registered User regular
    edited January 2009
    Plus, have you ever tried to get your money back from someone on eBay when the didn't want to give it to you? The site's enforcement mechanisms are laughable, all they can really do is ask the person nicely to do it and then ban their account and my guess is that Mr. Bootlegger will just make another.

    How would eBay have any way to force someone to give you the money back? They aren't a payment service and never saw the transfer of funds. This is like saying "I bought a couch with cash off a guy on Craigslist and now it broke, Craigslist won't give me my money back!!!" ... What the hell? You met the guy at his place and gave him cash, what the hell can Craigslist do about it?

    onceling on
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    i n c u b u si n c u b u s Registered User regular
    edited January 2009
    Thanks guys for the help and here is what happened, I contacted eBay and they gave me all of his personal info so I can contact him. If that didnt work I would have to file a claim through paypal to get my money back because I have buyer's protection. Basically the guy who answered the phone either didn't have an ebay account and the seller listed a phony number or it was the guy and he tried to act like it was a wrong number (although he was a lil more interested in the number I was trying to reach than someone just saying "you have the wrong number bye click") So I filed a claim under fake merch and thats that. Now all my concern is whether or not this game is gonna possibly fuck up my system or Pearl if I try and transfer pokemon. So far the game seems to be playing fine.

    i n c u b u s on
    Platinum FC: 4941 2152 0041
    [SIGPIC][/SIGPIC]
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    wasted pixelswasted pixels Registered User regular
    edited January 2009
    onceling wrote: »
    Plus, have you ever tried to get your money back from someone on eBay when the didn't want to give it to you? The site's enforcement mechanisms are laughable, all they can really do is ask the person nicely to do it and then ban their account and my guess is that Mr. Bootlegger will just make another.

    How would eBay have any way to force someone to give you the money back? They aren't a payment service and never saw the transfer of funds. This is like saying "I bought a couch with cash off a guy on Craigslist and now it broke, Craigslist won't give me my money back!!!" ... What the hell? You met the guy at his place and gave him cash, what the hell can Craigslist do about it?

    In fairness, Craigslist doesn't have its own vertically integrated payment system. While I cringe a bit when people use the brands "eBay" and "PayPal" interchangeably, they are part of the same company.

    wasted pixels on
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    oncelingonceling Registered User regular
    edited January 2009
    Obviously there is no way to say with certainty if the game is any danger to your system / other games. Generally fakes and ROM hacked pokemon games with new storylines and so on are of no real danger to the system.

    They usually only cause problems with other games during trading if you have impossible pokemon combinations like moves that would not be able to be learned by that type and so on. These are more common in hacks that just pure fake counterfeit copies. These can cause serious problems with your saved file on Pearl (for eg) but usually do not destroy the cart itself, you just may need to start a new game.

    Additionally, knowledgeable people trading pokemon online will often check where you caught the pokemon and the ID number and so on to ensure those are legit with the real games. You may want to consider this, but if the game is normal as far as Emerald is concerned it will probably not even be noticable that the pokemon came from a fake copy.

    onceling on
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    i n c u b u si n c u b u s Registered User regular
    edited January 2009
    Thanks onceling, I'm just gonna go and buy a legit copy from Gamestop (as much as I HATE doing so), at least I'l know that it's legit and I'll have no problems transferring when Platinum comes out.

    i n c u b u s on
    Platinum FC: 4941 2152 0041
    [SIGPIC][/SIGPIC]
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