Mercari admitted the shoes they sold to me are fake but that I can't get a refund since the return window has passed.

Question

I bought a pair of shoes from mercari back in November. The shoes look like the pictures provided online and I accepted it because mercari certified it verified authentic. December 23rd I noticed the shoes are fake and there is no serial number on the shoes. I contacted mercari and they admitted that the shoes are fake but that I can't get a refund because it is past the refund window. They even told me to sell the fake shoes to other user on their website. I told them I can't do that. They then closed my case. Can I sue them for this.

John Michael Frick · Answer

Mercari is an eCommerce platform.  For practical purposes, it is a computer application that allows users to buy and sell products conveniently between themselves. 
 
It does not sell shoes.  It merely provides a platform for another person like you to buy, or sell, shoes from another person. 
 
Mercari has a three-day return period.  During this brief window, Mercari has not transmitted the money you paid to the person who sold you the shoes.  Mercari has the ability to stop the transmission of the money to the seller during that brief period of time. 
 
After that, the money is in the hands of the seller.  Your remedy is then against the actual person or company who sold you the shoes.   
 
Many other eCommerce platforms operate in a similar manner.

Jaime Victor Papa · Answer

There may be a claim here, but I need to review the details in depth.

Q: Mercari admitted the shoes they sold to me are fake but that I can't get a refund since the return window has passed.