Scam advert on FB for Niffler necklace

FestiveJoy

LilElvis wrote: »

The returns policy on that site is one of the funniest I've ever come across. It looks like witches and wizards don't have the same consumer rights as us mere muggles. :rotfl:


https://www.bembig.com/pages/return-policy

Governing Law

You agree that your use of this website and any relevant disputes shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Los Angeles, California.

MSE being aimed at the UK, and myself being from the UK, I'm not aware of all the laws of the State of California.
But fortunately for the OP, it appears we have a expert within this field already here ... and by the timing of that post, who am I to try to suggest otherwise?

:xmastree::xmastree::xmastree::xmassign:

FestiveJoy

Ariannah wrote: »

Hi, I have recently joined to get advice on how a fake advert and in turn it’s page selling the item can be closed down.

A FB advert is linking to a website claiming that they are selling a niffler necklace.
It appears to be an advert business page called I Love Movies and has a link to a website.
The selling website is bembig.com and it’s the Niffler necklace....

The BemBig.com Facebook, Twitter and YouTube pages are run and maintained by individuals from BemBig.com. The views, opinions, depicted results and experiences expressed in user-submitted comments are solely those of the author and do not necessarily reflect those of BemBig.com.

If you have an issue with the facebook page, it would appear you would need to find the individual rumnning it, and pursue that person, presumably according to the laws of the State of California?

I suggest you join & post on a US site, preferably one that is aware of the laws of the State of California.

MSE is primarily aimed at the UK market, and therefore most people here are from the UK (and barely know the laws of the UK, let alone the laws applicable elsewhere in the world)


:xmastree::xmastree::xmastree::xmassign:

MothballsWallet

soolin wrote: »

If aishavoya.com own the rights to the image via the J K Rowling empire then they can use the legal system against anyone using the image. I wasn't aware though that JK Rowling had allowed many others to use Harry Potter copyrighted items?

The Harry Potter franchise is quite litigious and have lawyers working for them who are experts in this field - this is quite an interesting article:

https://www.trademarkandcopyrightlawblog.com/tag/fantastic-beasts-and-where-to-find-them/

Mostly because Rowling has Warner Brothers Group lawyers on her side - they also represent Warner Music Group, one of the most infamous copyright claimers on Youtube, completely ignoring valid cases of the fair use defence.

PDC

If those photographs were taken by the person running this aishavoya website then they can go to the Facebook help centre and open a copyright claim, that should get the offending image removed from Facebook.

Won't stop the website listing them and taking peoples money though unfortunately.

Blackbeard_of_Perranporth

I was inn the wobbleade emporium t'other night and was given a Paddington Bear 50p bit in my change. I'm keeping it as it cost me nothing and is probably a better trinket than some overpriced bit of epoxy resin tack!

LilElvis

FestiveJoy wrote: »

MSE being aimed at the UK, and myself being from the UK, I'm not aware of all the laws of the State of California.
But fortunately for the OP, it appears we have a expert within this field already here ... and by the timing of that post, who am I to try to suggest otherwise?

:xmastree::xmastree::xmastree::xmassign:

Wrong on all counts. In the UK and up late because of lovely menopausal symptoms. I didn't comment on their rights because I hadn't bothered looking at which country/ state laws applied - I was just amused by the returns policy. I worked in California 20 years ago so I'm not aware of their current laws, save the scope of the T&Cs of legitimate sites I've used to purchase from which give substantially less consumer rights than we enjoy. The Better Business Bureau may be of some help to the OP though.

Ariannah

Hiya, thanks for the replies.

I don’t know where either the original or the bembig site is from.

The reason I was asking is that people, like my friend. Are buying this through the fb advert and are getting conned as there is no item. It’s a scam.

I couldn’t care less about the original creator as he/she clearly could have got the fb advert closed down but has chosen not to bother as they deleted her comments and blocked her. She doesn’t care that people are still buying it via the advert.

My friend fell for it and I would have too if I hadn’t of seen the warning comment which has since been deleted. I’m in the UK as is my friend and a google of consumer rights and advice led to to this site which I then joined.

Ariannah

The fb advert is still live, still growing in likes and shares with people commenting they have bought it. I can read it but can’t post on there after my warning posts, like my friends, were deleted.

Browntoa

Facebook advert..... Tick

Will be fake item or scam ...... Tick

People learn not to buy stuff via Facebook ..... Not always a tick as some people never learn ....

soolin

Ariannah wrote: »

The fb advert is still live, still growing in likes and shares with people commenting they have bought it. I can read it but can’t post on there after my warning posts, like my friends, were deleted.

We do understand but frankly most of the dodgy stuff that pops up of facebook is a scam. Ask yourself why would you trust any site that is stealing copyright from anyone else? You know you are dealing with someone who has a disregard for the law, so it is hardly surprising if they decide to rip off their customers as well.

The thread is a fair warning though to remind all buyers, especially those who perhaps are slightly naive about these type of ads, that the internet is not always a safe place and to take all necessary precautions when buying from an unknown source. A basic look at the FAQs, or website should immediately flag a warning on both the sites mentioned, both these sites should be on the 'not with a bargepole' list.

Most people wouldn't be falling for these scam ads, those who perhaps are tempted are unlikely to take any notice of warnings, however hard you try.