Counterfeit Product - Claiming money back

keyser666

bris wrote: »

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.

They will know straight away they are fakes and seize them, present this document to your card company and done

CKhalvashi

MamaMoo wrote: »

LOL! From xeovent.com.....

Just to get something in here; many movie producers work on similar agreements to us in the music industry; as soon as the first note/word is written, it's already copyrighted. The end of the industry that we're in (very very high end; look at my sig) means that it's far too high a risk not to go down the copyright route. It doesn't need to be expensive, it just needs to be witnessed internally; we've successfully defended in court before now.

We've recently finished a large post production contract for a Russian movie, and under no circumstances are we even allowed to use the content for commercial purposes, let alone copy to sell. I'm not aware of film laws (other than music videos, which are similar, but different), but the actual sound recordings were owned by our studios until we handed them over, which is usually on payment.

In this case, 'Синевир Фильм (2012) O.O.O' now owns the actual recordings, not the studio (in this case in NW London) that they were recorded in.

This is a company that's gone heavily down the line of either knowingly trying to cover up illegal activity, or has been misguided into thinking that this is legal, which under international copyright regulations, it certainly isn't.

Whilst I have no understanding of Canadian law (all our contracts are governed under either UK, Russian or Georgian law, depending on whether it's us (UK/Russia) or a Georgian company actually carrying out the recording), I'd have thought that the principles remain largely the same.

I've tried to put this into basic terms, but if anyone doesn't understand it, let me know, and I'll try again.

CK

visidigi

dalesrider wrote: »

The OP has already broken the law by importing them.....

There is nothing in the law that makes unknowingly buying something fake illegal.

Customs don't go after the buyer when they seize counterfeits, they go after the shipper and the importer (as these are usually never the recipient).

visidigi

The other site the OP refers to is...

http://www.dvdroyalty.co.uk/ (yet more 'royalty free' material)

CKhalvashi

visidigi wrote: »

The other site the OP refers to is...

http://www.dvdroyalty.co.uk/ (yet more 'royalty free' material)

That one has my senses twitching already that something's not right.

No phone details, no address, .co.uk when they're openly not in the UK etc. The 'unreleased' thing on the FAQ's also has me imagining the situation OP described.

I know it's a fraud, but I think I've been in entertainment too long!

CK

gb12345

visidigi wrote: »

The other site the OP refers to is...

http://www.dvdroyalty.co.uk/ (yet more 'royalty free' material)

Registered in November 2012 to an address in Montreal Canada.

The address appears to be fake as Google maps can not identify it and when using just the post code the street names bare no resemblance to the registered address.

xeovent.com was registered in 2011 and hide their registrant details by using a Proxy service - hardly something a legitimate company would do. They also have no physical address on their site

gb12345

wildmanmatt wrote: »

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.

This is the standard response that I have seen many times when victims confront Advance Fee scammers.

You will probably soon get threatened with the Police/FBI/UN or even get a (fake) email from said organisation warning you.

the_lunatic_is_in_my_head

There are different copyright laws in the US and some shows may be in the public domain, meaning there is no copyright and anyone can sell the content but the site linked to above containing series such as NYPD Blue and Hawaii Five-O are simply selling counterfeit DVDs.

OP should be covered by VISA here, I'd be back on the phone to Barclaycard to ask about their terms and conditions regarding VISA's online protection:

http://www.visaeurope.com/en/newsroom/faqs.aspx
What can I do if I don’t receive goods or services I have purchased using a Visa debit card?

Visa’s consumer protection offers consumers the opportunity to reclaim money spent on a Visa card if they are an innocent victim of fraud, they do not receive goods or services as expected, if goods are lost or the wrong goods are received. Simply put, there is no safer way to pay than with a Visa card. There is no upper limit on the value of the goods or services to be refunded and in most cases customers are covered for purchases abroad on their Visa cards as well as in the UK. The protection is subject to the terms and conditions of the payment services provider issuing the Visa card.

dalesrider

[QUOTE=the_lunatic_is_in_my_head;58595899

http://www.visaeurope.com/en/newsroom/faqs.aspx
What can I do if I don’t receive goods or services I have purchased using a Visa debit card?

Visa’s consumer protection offers consumers the opportunity to reclaim money spent on a Visa card if they are an innocent victim of fraud, they do not receive goods or services as expected, if goods are lost or the wrong goods are received. Simply put, there is no safer way to pay than with a Visa card. There is no upper limit on the value of the goods or services to be refunded and in most cases customers are covered for purchases abroad on their Visa cards as well as in the UK. The protection is subject to the terms and conditions of the payment services provider issuing the Visa card.[/QUOTE]

And part of the VISA regulation is that the goods have to be returned to the retailer.
You can't keep both goods and the refund.....

dalesrider

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

Barclays are the only one who can make the decision on a chargeback. Not trading standards.
Fake or not the Visa regs state that if a retailer provides a return address. Then if they are not returned, and it has to be by a method that you can prove they have been recieved.
If the goods are not returned, then the retailer will simply reject the chargeback and the OP would be redebited.

Clearly, this company knows how the visa regs work, unlike many of the chinese. Who shoot themselves in the foot by not supplying one :rotfl: