Comment by Steve Cyrkin, Admin on December 27, 2011 at 3:09pm

DB,

I hope you're right.

Comment by David S. on December 27, 2011 at 3:11pm

DB, that's where I'm confused and concerned.  The credit card company says that if I refuse to pick up the item, then I can't prove it's a fake.  An attorney I spoke with was concerned that if I don't pick it up, they could choose to keep the item, because I did not pick up like agreed, and I would be in even worse position to dispute.  I will attempt to reach them again by phone, and hope they just let me cancel, but I am hesitant to think they'll just give me my money back willingly.

Unless of course, they are sincerely honest, and value their reputation.  We'll just have to wait and see, but not many folks throw back a fish that's on their hook.

Comment by DB on December 27, 2011 at 3:21pm

as  indicated earlier stop dealing with the "bobs" on the front line of service!  They are the least knowledgeable.  What CC company are we speaking of?   And, if you pick it up, I guarantee you will be on the hook.  Since they have not supplied a picture or a copy of the certification for examination then you walk away knowing full well that you have compared it to known ones that are "authentic" forgeries.  Once you pick it up YOU OWN IT.

Comment by David S. on December 27, 2011 at 3:28pm

The card was Chase MC.  I am really unclear on my rights to this item, if I refuse to take it from their shop.  If it were as simple as them having to refund my money, then I would be all set.  If on the other hand, they can turn around and ditch my item, for refusing to remove it from their store after purchase, then it's obviously much stickier.

Of course, I suppose they could take a hit on the shipping, and get rid of it to me, with the hope a dispute will become more difficult, which is why I need to find out regarding the posession of item issue.

Comment by DB on December 27, 2011 at 3:30pm

@steve; 

A store may sell an item without a warranty, but simply saying “all sales final” does not do this. For example, if the sign had also said “as is,” there would be no warranty and no right to return it, even if it was broken. Selling something “as is” really does mean buyer beware.

Comment by David S. on December 27, 2011 at 3:34pm

DB, but isn't there a difference between "as is," and fake?  If they sell a Rolex watch, as is, all that means is you take it subject to the condition it's in, not whether it is even a Rolex at all?

But it boils down to this, if the item is legit, then the shop has nothing to worry about.

Comment by DB on December 27, 2011 at 3:42pm

as is, means exactly what it says, "as is!".

of course, the shop isn't going to knowingly admit or even suggest there is something "non-authentic" about the item.  Remember, it has a "certification" and as we have learned around this place, it doesn't have to be authentic, just "certified".

If it's a knockoff Rolex and you buy it "as is" then the only recourse might be law enforcement which in turns means you 1. give up the Rolex, & 2. Loose your $$ you paid for it.   As is, Is just that.

Comment by Steve Zarelli on December 27, 2011 at 3:54pm

I don't think this is correct. "As-is" does not cover items that are not as described, i.e., fake.

I would not even get into the issue of fake or not. Just call them and tell them **politely** you want to cancel the transaction. No explanation needed.

Comment by Steve Cyrkin, Admin on December 27, 2011 at 3:58pm

David,

Don't depend on this site for legal advice; just practical advice when we have it. You were smart to ask the credit card company and a lawyer what to do. Listen to them.

If you have emailed or called the shop and they have not responded (give them until tomorrow), tell the credit card company and see what they say.

If you have to take delivery without ever getting images, consider doing this:

1. Drive to Las Vegas to pick it up.
2. Take images and go to, say, Starbucks and upload them here for opinions.
3. If the opinions you get are that the signatures are obviously forged, go right back to the shop and talk to them right then and there. I think you'll do better handling the situation in person.

Comment by Rick Meyer on December 27, 2011 at 4:03pm

Call shop and get a picture sent. Not hard to do on a 5K item. Everything else is a moot point. If they were charging me that much I'd have it already. Then I'd get quick opinion on it. Once its determined it is a forgery then you can call CC company and have it charged back to them.

Or I would cancel sale until you can have it authenticated by your people. If they sat its good you'll buy it. $5K items in a Vegas shop aren't exactly the fastest moving items. There isn't a line forming to buy it.

 

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