Counterfeit Product - Claiming money back

keyser666

I would bring them to your local trading standards office and ask them to certify them, get the documentioin and issue a chargeback

bris

keyser666 wrote: »

I would bring them to your local trading standards office and ask them to certify them, get the documentioin and issue a chargeback

Trading standards can't verify anything, they seize and send to the manufacturer for verification. As this is a Canadian sale we don't yet know if they are illegal or not, any claim would have to go on the fact they are verified as fake, a charge back would insist on this when the retailer defends it.

wildmanmatt

After replying and saying that threats were in no way acceptable, that I would have nothing further to do with them and would now deal with my credit card company, I received this (I have started out the swearing in the interest of good taste...):

So your keeping the item and disputing the payment?

You f****n scammer, you will pay for this.

We will ruin your credit.

Monday morning we will do our worst.

wildmanmatt

The website I bought from was dvdpanda.co.uk - absolutely stupid of me... A friend said they'd seen some things on there and I thought great... Easy Christmas present. I should have been in less of a hurry and actually thought about it. Joy for hindsight :-)

I did some digging and dvdpanda has now moved to dvdroyal.co.uk and the company that showed on my credit card statement was xeo vent (xeovent.com) - xeo vent even try to justify their piracy in their terms and conditions.

MamaMoo_2

LOL! From xeovent.com

Some of these DVD's haven't even been released yet. How is it possible that you sell them?

There is a section of the American copyright law known as "The Berne Act" that Clearly states: films unreleased in the United States, including original versions of films altered and/or edited for release in the United States, are NOT protected by American copyright, thus, they are considered public domain. The entire purpose of our website is to provide otherwise unavailable films or television shows to the serious collector.

From eBay

What About the Berne Convention?
Some users have written to us asking whether the Berne Convention for the Protection of Literary and Artistic Works (sometimes mistakenly referred to as the "Berne Act") allows them to list an otherwise infringing item. The short answer is "no." The Berne Convention is an international treaty that the United States agreed to in 1989. By signing the Berne Convention, the U.S. committed to making certain changes to its copyright law. In fact, even before signing the Berne Convention, the U.S. had made all the necessary changes to its law. The Berne Convention itself is not U.S. law and does not excuse activity which otherwise would violate U.S. copyright law.

Have you read the T&C's on DVDPanda? An awful lot about protecting their copyright, I found it amusing.

http://www.dvdpanda.co.uk/terms/

wealdroam

http://www.bbb.org/canada/

MamaMoo_2

http://www.rcmp-grc.gc.ca/qc/services/sef-fis/prop_intel-eng.htm

wildmanmatt

They've really gone to a lot of trouble with making things look as legitimate as possible.

Presumably, evidence of the dvds being counterfeit that I could provide to my credit card company would be sufficient? The dvds are purple rather than silver and have clear burn marks that you don't find on properly made dvds, the boxes are shoddy to say the least, the dvds are printed with the name of the show and a volume number rather than having any commercial printing on them and then there's the fact that two of the shows have the television channel watermark thing in the corner showing that they're recorded from television.

Does anyone know what piece of legislation/regulation states that I can't send the counterfeit products through the post? Just in case Barclaycard feel like being difficult? I couldn't find any guidance about it on the royal mail website.

MamaMoo_2

You aren't allowed to post illegal items, as this would make RM party to handling illegal items.
According to HMRC

It is illegal to carry or send goods to the UK that are banned or for which you don't have the necessary licence or permit. There are severe penalties for smuggling, including imprisonment.

Presumably this works for posting out as well, as they will be travelling through the UK postal system.

Royal Mail also states that they reserve the right to refuse handling for illegal items. (See the banned item page)

*We reserve the right to refuse any other item banned by law or that in our opinion may be harmful or dangerous to our customers or employees. If you send dangerous goods and do not comply with the applicable terms and conditions and legal requirements then we may deal with the goods as we see fit including destroying or disposing of the relevant goods.

Sorry I couldn't find anything more solid!

keyser666

It is a shame the OP didnt do a google search of even one on MSE

LINK