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.
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.
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.
A: There may be a claim here, but I need to review the details in depth.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.