Credit card dispute lead merchant threaten me on theft

[martingale]

Jurisdiction

Maryland

I placed bids on a Saint Laurent YSL shoulder bag and a Louis Vuitton hand bag at a local consignment store's online auction recently and after picking up the bags, I checked the details of the bags and realized they are counterfeits.
The store's online terms saying they don't authenticate any items and all items are sold 'as-is', buyers can preview before auction, they are over an hour drive from my home so I didn't spend time previewing the items before placing bids.
Can I sue the store if they don't accept my return for selling counterfeits?
thanks

 

[army judge]

Can I sue the store if they don't accept my return for selling counterfeits?

Hold your horses, mate.

Yes, anyone can sue anyone or anything.

However, initiating a lawsuit doesn't mean you'll prevail, however.

Why not, you're thinking?

The store's online terms saying they don't authenticate any items and all items are sold 'as-is', buyers can preview before auction, they are over an hour drive from my home so I didn't spend time previewing the items before placing bids.

Why not might have much to do with with the purveyor's online warning.

 

[martingale]

Hold your horses, mate.

Yes, anyone can sue anyone or anything.

However, initiating a lawsuit doesn't mean you'll prevail, however.

Why not, you're thing?



Why not might have much to do with with the purveyor's online warning.

Thanks for looking into this, I'm not sueing yet, So what action do you suggest here?

 

[zddoodah]

Can I sue the store if they don't accept my return for selling counterfeits?

Anyone can sue anyone for anything. However, you won't win. Why? Because...

1. "The store's online terms saying they don't authenticate any item."
2. "[A]ll items [were] sold 'as-is.'"
3. You had the opportunity to inspect the items personally before bidding.

Also, I suspect you paid amounts that were so low that a reasonable person would at least suspect the possibility that the items were counterfeit. If you spent a significant amount of money, then an hour's drive would have been a small investment.

 

[martingale]

Anyone can sue anyone for anything. However, you won't win. Why? Because...

1. "The store's online terms saying they don't authenticate any item."
2. "[A]ll items [were] sold 'as-is.'"
3. You had the opportunity to inspect the items personally before bidding.

Also, I suspect you paid amounts that were so low that a reasonable person would at least suspect the possibility that the items were counterfeit. If you spent a significant amount of money, then an hour's drive would have been a small investment.

thanks

 

[adjusterjack]

Please stay with this thread for all your questions on this topic. The other thread you started has been deleted. If you have more questions on this topic please post them here.

If you are asking whether it's legal to sell items with those caveats, yes it is.

 

[martingale]

Please stay with this thread for all your questions on this topic. The other thread you started has been deleted. If you have more questions on this topic please post them here.

If you are asking whether it's legal to sell items with those caveats, yes it is.

thanks.
so it's ok for me to sell it to someone else in the same way I think.

 

[adjusterjack]

Sure. Be legally dishonest. Spread the dishonesty around. Like there isn't enough dishonesty to go around.

Ever hear of the "greater fool" theory?

Why not just be honest and sell them as knock-offs?

 

[army judge]

thanks.
so it's ok for me to sell it to someone else in the same way I think.

Sorry, that isn't the way I read it.

Beyond that, no one can give anyone PERMISSION to break any law.

If a person breaks a law, he/she should expect serious, life altering consequences.

Be smart, don't break ANY of their laws!

 

[martingale]

I made a purchase from a local consignment store and some of the handbags in the order looks to be replica instead of genuine.
I contacted the merchant and tried to return them but merchant refused.
I filed a dispute with my credit card company AMEX and AMEX didn't receive any answer from the mechant so AMEX went ahead and credited me the transaction amount. However AMEX did say the merchant can still reply by mid March if they want.
Today, I got an email from merchant saying they noticed i reversed the transaction from the bank and they had the video footage that I walked out of the store with the item and they asked me the pay the balance else they will file a police report for theft.
I feel absurd about this, I had the invoice showing the invoice is paid and they wouldn't let me take the items without being paid first.
So what's the proper way to respond to them?
Shall I ignore their email or let them know they need to respond to AMEX dispute properly?
thanks

 

[army judge]

What amount of money are you disputing?

Are you willing to be charged with a crime?

You need not answer the questions for my benefit.

Think about the events leading up to the final incident and decide if this is the hill you're willing to be destroyed on.

Good luck.

 

[adjusterjack]

So what's the proper way to respond to them?

I suggest that the proper way to respond is to take the items back to the store and hand them over. Take somebody with you to make a video of you doing that.

Once you return the items I doubt if the store owner will have any grounds to make a police report and even if he does, the police aren't likely to get in the middle of a contractual dispute.

 

[justblue]

I made a purchase from a local consignment store and some of the handbags in the order looks to be replica instead of genuine.
I contacted the merchant and tried to return them but merchant refused.
I filed a dispute with my credit card company AMEX and AMEX didn't receive any answer from the mechant so AMEX went ahead and credited me the transaction amount. However AMEX did say the merchant can still reply by mid March if they want.
Today, I got an email from merchant saying they noticed i reversed the transaction from the bank and they had the video footage that I walked out of the store with the item and they asked me the pay the balance else they will file a police report for theft.
I feel absurd about this, I had the invoice showing the invoice is paid and they wouldn't let me take the items without being paid first.
So what's the proper way to respond to them?
Shall I ignore their email or let them know they need to respond to AMEX dispute properly?
thanks

This is a link to your original thread on this same topic, where you were asked to keep all related questions on that same thread.

I bought a counterfeits shoulderbags from online auction

 

[Zigner]

This is a link to your original thread on this same topic, where you were asked to keep all related questions on that same thread.

I bought a counterfeits shoulderbags from online auction

Page not found

 

[army judge]

Page not found

Original post referenced was merged into THIS post.

 

[martingale]

What amount of money are you disputing?

Are you willing to be charged with a crime?

You need not answer the questions for my benefit.

Think about the events leading up to the final incident and decide if this is the hill you're willing to be destroyed on.

Good luck.

It's about $960 of dispute amount
Could you elaborate what's the crime if I dispute a credit card charge?
As far as I researched, disputing a credit card charge does not amount to theft, and I have written evidence that I was trying to return the nags and merchant did not accept it.

 

[adjusterjack]

As far as I researched, disputing a credit card charge does not amount to theft, and I have written evidence that I was trying to return the nags and merchant did not accept it.

You're right. Do what you want. Nothing more we can do for you here.

Thread locked.