求助!!! 在ebay上與澳客的紛爭

那天在ebay上買到了一個盜版的Monster 耳塞式耳機

於是我馬上上paypal dispute他

誰知道那個賣家竟然拒絕退款

還跟我說ebay還有一堆人在賣盜版也不是有它

有沒有大大能教教我怎麼辦

在這貼上原文:
From Buyer

17/06/2010 16:27 AEST

I purchased a Monster In-ear headphone, there are lots of issues such as box, internal booklet and earphone box all show that it is not a genuine product form Monster. that is the reasone i request for the refund.

From Seller - effie winduss

17/06/2010 18:20 AEST

Your request for a refund is not accepted on the following grounds:

i never stated in any description of the item that it was a genuine set of monster earphones. In the item description i stated that their are no refunds. I ask that you close this dispute

From Buyer

17/06/2010 18:25 AEST

you do not state anything about it is NOT A GENUINE product. it is also illegal to sell fake item in AU. i insist to claim my refund back.

From Seller - effie winduss

17/06/2010 18:50 AEST

There is no need for me to state its not genuine product because by not having "a genuine item" in the description makes it clear that it is infact not a genuine item. I have a sound knowledge of what is legal and illegal in Australia and as far as my knowledge goes i have been consistent with such copyright laws. I never stated it was a genuine product therefore i could not have breached any laws. Furthermore you should have enquired before buying the prodcut if you were concerned and i already stated on the item listing that no refunds will be available. Also if you were to conduct more reasearch into these items being sold on ebay you would see that majority are not genuine and the sellers do not state that they are so just like the other sellers and aswell as myself we are not breaching any copyright laws. Just to remind you i will not be issuing any refund.

From Buyer -

17/06/2010 21:44 AEST

Acording to the copyright law, by using the name of 'Monster', you already impinged on purchase's rights. You didnt state your product is a genuine item dosent mean your advertisment is not a false advertisement. Whether other sellers on ebay are selling non genuine products is not my concern, because i didnt purchase item from them. If you are so certain that you didnt breach the law, I will report this issue to Monster local distributer and let them to judge whther the actions you took are iegal or illegal.

From Buyer

17/06/2010 21:49 AEST

if you agree to refund the money plus $10 postage, i wil send you back the item and close the claim.

From Seller - effie winduss

17/06/2010 22:37 AEST

I dont agree to sending you a refund i stated that, as i told you the listing stated that their would be no refund and i dont believe you have providing me with sufficient grounds for a refund. So unfortunately i will not offer you a refund.

From Seller - effie winduss

17/06/2010 22:50 AEST

The only time it is considered false advertisement is if i said the item was genuine when it wasnt their was nothing false in my advertisement and therefore isnt considered false advertisement. The reason i told you about other sellers on ebay is because if that was illegal millions of people wouldnt be doing it with a range of different products. You may report whatever you like i dont care if you want to waste your time that has nothing to do with me. As far as im concerned i didnt give you the wrong information and nor did i lie to you about what the product was like i said you should enquired about the product before purchasing. Therefore your mistake is not my problem as far as my responsibility goes i never mislead anyone.