Does Section 75 cover counterfeit goods?

srcosworth

Hi all, I've recently purchased goods from a retailer online but unfortunately I've since found out its listed as supplying counterfeit goods (according to the official manufacturers website). I've tried to contact the seller to cancel the order and issue a refund however without response. The order status has not moved on from the initial transaction so am I able to pursue this through a section 75 claim (value just over £100 and ordered last week)?

System

Sounds like Uggs. Did the retailer say they were genuine or did they just use the word Uggs to describe them?

srcosworth

No it's actually a Barbour jacket. The website appears to be a Barbour outlet direct however after looking at the official site it's listed with about 100 others under their "counterfeit goods" section!

I got concerned when shanghai popped up as a location on my credit card statement!

YorkshireBoy

srcosworth wrote: »

Does Section 75 cover counterfeit goods?

Section 75 covers 'misrepresentation' and 'breach of contract'.

Do either apply here?

You may well find you don't need it though. The card provider may make a 'chargeback', or even refund as 'goodwill'.

What did the card provider say when you raised your concerns with them?

dalesrider

There is a chargback option.
But this requires you to prove the goods are fake ( letter from retailer) You need to try to return the goods as well.

Talk to your card providers disputes department. They will run through the options for you.

System

Section 75 should cover it, however your CC company may ask for some proof that they are counterfeit

srcosworth

I called nationwide to explain the situation but they suggested I tried to contact the retailer again!

srcosworth

So should I actually wait to see if something gets delivered and then take it from there? I've instructed the seller to cancel the order however no response!

dalesrider

srcosworth wrote: »

So should I actually wait to see if something gets delivered and then take it from there? I've instructed the seller to cancel the order however no response!

Best hope goods do not arrive. Nice easy chargeback for non reciept. You just have to wait 15 days from day of debit before it can be actioned.
Oh and don't cancel the order. As then they can't really c/b for non reciept. As there is nothing to deliver and you are then left to chase to get a refund.

If you are really lucky you will get a letter from Customs advising they have destroyed the goods as fake...

chattychappy

s75 makes the CC jointly liable for performance of the contract. You are entitled to damages in the case of breach. If they promised to supply you with a Barbour jacket then by failing to supply what was agreed, the CC (along with the merchant) is in breach.

If you are really brave you could insist that the CC covers the cost of a new barbour jacket - since that is what was contracted for. s75 does not limit you to claiming just a refund.

No CC is going to pay up on that basis without a struggle. s75 has become a joke (IMHO) and far too onerous on CCs.

thenudeone

chattychappy wrote: »

s75 has become a joke (IMHO) and far too onerous on CCs.

Why shouldn't banks take responsibility for the merchants they allow to use the system?

If the banks (and the international organisations to which they subscribe) took more care in vetting prospective merchants, it wouldn't be as much of an issue.

The fact that banks in countries with high levels of counterfeiting (such as China) which have signed up to VISA or MC agreements, don't even make basic checks about whether a large merchant is legitimate or not, is a major problem with an obvious solution.

If all s75/chargeback claims had to be paid by the bank who provided the relevant merchant account, this would focus their minds considerably.