Returned item, company claims fake?

Hello, My fiancee bought a hair curler for her sister for Christmas online from Justmylook, after trying it she found it wasn't working properly (was not heating up) so returned the item back to Justmylook. Justmylook are now saying the item that was sent back is fake and are refusing to refund (£109.99). What are we able to do in this situation?

Thanks, Andy
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Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 January 2016 at 12:05PM
    Letter Before Action (LBA).

    Although it wont be the first time that someone has bought a fake item from a seller then ordered the real mccoy from a legitimate seller and tried to return the fake back to that seller for a refund. Are you asking for a refund or replacement?
  • Call their bluff - tell them you will be contacting the manufacturer of the hair curlers to inform them that justmylook are selling counterfeit/fake items.
    "You were only supposed to blow the bl**dy doors off!!"
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Call their bluff - tell them you will be contacting the manufacturer of the hair curlers to inform them that justmylook are selling counterfeit/fake items.
    Not going to work if they are an authorised retailer, the manufacturer will thank them for catching a chancer.


    Just playing devils advocate but I can't see a legitimate company, which they seem to be, pulling a stunt like this.
  • neilmcl wrote: »
    Letter Before Action (LBA).

    Although it wont be the first time that someone has bought a fake item from a seller then ordered the real mccoy from a legitimate seller and tried to return the fake back to that seller for a refund. Are you asking for a refund or replacement?

    We asked for a replacement, and failing that a refund.
    Call their bluff - tell them you will be contacting the manufacturer of the hair curlers to inform them that justmylook are selling counterfeit/fake items.

    Yes we will do that.
    bris wrote: »
    Just playing devils advocate but I can't see a legitimate company, which they seem to be, pulling a stunt like this.

    Yes, that's the most worrying thing, I have been googling around looking for similar cases but have come up empty handed, which leaves us out of pocket and no product.

    After phone call with Justmylook, they say the product we have sent back is different (they specifically mentioned the socket) compared to the "genuine" products they have. We have requested photographs showing the differences.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    How did you pay? Debit card or credit card?

    Can they prove that the item you returned is not the item they sent?
  • susancs
    susancs Posts: 3,888 Forumite
    OP, I wonder if they have the serial number of the item your OH purchased from them? The reason I ask is that for example with GHDs you can check if they are fake by entering the serial number into the offical website and the seller usually keeps details of the serial number of item those sold. Maybe your OH could ask them to check the serial number sent out and the one received back to confirm they are the same?
  • visidigi
    visidigi Posts: 6,546 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I'd be asking them if they are sure what they sent you had not been previously returned by another buyer as an 'unwanted gift'...
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    bod1467 wrote: »
    How did you pay? Debit card or credit card?

    Can they prove that the item you returned is not the item they sent?

    That would be pretty simple - *if* they are an authorised stockist, and send out hundreds of the same item with no problems, then on the balance of probabilities it is reasonable to assume they sent a genuine product out.

    Is this a Babyliss Curl Secret OP? If so I can't find them on the authorised retailer list, but I believe they are part of another retailer that may be listed. I know I received an order from them with different packaging, unfortunately I can't recall who.
  • tomtontom wrote: »
    That would be pretty simple - *if* they are an authorised stockist, and send out hundreds of the same item with no problems, then on the balance of probabilities it is reasonable to assume they sent a genuine product out.

    Is this a Babyliss Curl Secret OP? If so I can't find them on the authorised retailer list, but I believe they are part of another retailer that may be listed. I know I received an order from them with different packaging, unfortunately I can't recall who.

    It was a Babyliss Pro Perfect Curl
  • bod1467 wrote: »
    How did you pay? Debit card or credit card?

    Can they prove that the item you returned is not the item they sent?

    Credit card.

    If they can they haven't, they have rescinded their previous offer of sending photos as they "don't have time".
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