Fake goods from China, section 75 & barclaycard

ficklebee

I've done a really stupid thing. I ordered a pair of Christian Louboutin shoes from a website that i believed was UK based. I paid over £100 for them on my credit card and i was led to believe the shoes were factory clearance as this is what it advertised. Immediately after i purchased the shoes, i received an email stating the payment would appear on my statement as a chinese manufacturer and NOT Christian Louboutin. This sent alarm bells ringing. I waited for the shoes to arrive and as i suspected they were fake. Poor one's at that.

I emailed the company using the contact us form to say i was disappointed and wanted a refund, but wasn't suprised that i didn't receive a reply. That same day, i contacted Barclaycard and submitted a dispute under section 75.

Barclaycard have only given me 8 days (inc. weekend) to provide documentation that the goods are misrepresented which is difficult to do from a website. The only paperwork i received was a shipping document. Barclaycard have also asked me to return the shoes to the company, but with no address supplied for returning the shoes, I am having to rely on an address listed in chinese symbols. I am worried about sending the shoes as the estimated postage charge to send them to china is £63.40. So if i send the shoes back and then barclaycard don't refund me, i will have wasted a lot more money. Also, if i am required to demonstrate that the shoes are fake, i won't have them as proof.

What should i do and where do i stand?

pcombo

Why dont you send the goods to Christian Louboutin, For examination and get them to give you a report to say there fake.

mo786uk

pcombo wrote: »

Why dony you send the good to Christian Louboutin, For examination and get them to give you a report to say there fake.

Some comapnies tend not to help individuals because they could end up examining thousands of products.

pcombo

mo786uk wrote: »

Some comapnies tend not to help individuals because they could end up examining thousands of products.

True, was just a thought .

unholyangel

Hmmm isnt there something in law about knowingly passing on/sending counterfeit goods through the post?

Wouldnt the OP returning the goods amount to this? I imagine the best place would've been trading standards but as they are a chinese company, not sure if TS would take an interest.

visidigi

if pushed barclaycard will let you off from sendign them back - you just now need to prove the state of them in photos and the site you bought them from - hopefully it all looks professional, if crap quality product as this will make the whole process easier.

Basically BC don't want you to have the shoes and get a refund - offer to send them photos of them after you have smashed them up - as proof you wont have shoe and refund.

Might work, but yeah, BC have this wierd rule about returning, even when you think you buy somethign legit and get something fake...by sending them back they will just send them to someone else...go figure.

Meepster

unholyangel wrote: »

Hmmm isnt there something in law about knowingly passing on/sending counterfeit goods through the post?

Wouldnt the OP returning the goods amount to this? I imagine the best place would've been trading standards but as they are a chinese company, not sure if TS would take an interest.

Yup, you're right, it's illegal to send counterfeit goods out of the country...

unholyangel

Meepster wrote: »

Yup, you're right, it's illegal to send counterfeit goods out of the country...

I thought i remembered something along those lines! Just couldnt remember what it was exactly.

Meepster

unholyangel wrote: »

I thought i remembered something along those lines! Just couldnt remember what it was exactly.

It is kind of a weird law to be fair: You can legally send counterfeit goods through the post within the UK (as long as it's not counterfeit money, stamps etc) but you can't send them out of the country at all.

ficklebee

Thank you for the advice received so far. Still a bit unsure about what to do next though. I've taken photos of the shoes which show poor workmanship. As for wearing them, no chance! I'd be too embarrassed at the thought.

visidigi

phone BC and advise them you will show them before and after photos of the shoes (before and after you destroy them) as its illegal for you to post said goods back to source (as per the point above)