Refund for counterfeit item

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Kimmybaby
Kimmybaby Posts: 8 Forumite
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edited 8 July 2022 at 12:18PM in Consumer rights
So I purchased a Dyson hairdryer for £150 . 
I opened the box and immediately thought it might be fake .
I contacted the online seller who emailed saying it wasn’t fake but I can’t return for a refund under their t&cs 
I read their t&c and in bold it states you won’t get a refund for open goods only a credit note . Plus  items will only be refunded within 14 days of purchase . My item took 7-10 days to arrive. 

So I contacted Dyson direct, they organised for me to send item to them for counterfeit check and they have come back with an written email to myself that the item is indeed a fake . I’m waiting for the item to be returned. 

I purchased item on 17 June 2022 . 
So my question is where do I go from here to get my money back . I have the proof it’s fake now from manufacturer .

So do I recontact seller to let them know and send them the letter from Dyson demanding my full refund as I have proof it’s a fake .

Do I send them them the fake item back still ? 

Do I contact my bank (NatWest) for a chargeback ? I paid via a debit card .

What would be my best option.

I have seen on trustpilot many other consumers are having issues with this company sending items back and not getting refunds. 

The website is discount headphones (dot) com 



I’ve since brought a real one from QVC. But obviously would like my £150 back for the counterfeit . 
«13

Comments

  • Mr.Generous
    Mr.Generous Posts: 3,377 Forumite
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    Dyson hairdriers are about £450 new my wife tells me. Never going to get the real thing for £150. I bet they sell Beats headphones for a few £ too.

    Did you buy direct or via an online auction site?


  • Debbie9009
    Debbie9009 Posts: 240 Forumite
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    You might get more responses on the consumer rights board. You could contact an admin and ask for this to be moved.

    Have Dyson confirmed they will return the hairdryer to you, as some companies destroy fakes.

    Looking at the website, they have a product disclaimer and in that they state all items are their own brand, not sure how that works with consumer rights but any company stating that are likely to be very difficult to get a refund from.

    if you bought with a credit card I would ask them if they can help in anyway, if you send the item back and they don’t refund.  

  • MSE_Laura_F
    MSE_Laura_F Posts: 1,570 MSE Staff
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    I've moved this to the Consumer Rights board.

    Good luck @Kimmybaby - I hope you find a resolution.
  • jon81uk
    jon81uk Posts: 3,773 Forumite
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    Their policy is that you can return for any reason within 14 days.
    You should never have mentioned the fake thing and just returned it.

    discount-headphones.com is an awful website full of bad products, but they appear to accept returns almost in line with consumer rights (although its not exactly right).

    Consumer rights gives you 14 days to tell them you want to cancel and then 14 days to return the item.

    As you no longer have the item to be able to return it you are stuck really.


  • McKneff
    McKneff Posts: 38,823 Forumite
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    I doubt Dyson would return the fake item to you.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
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    Your best route probably is a chargeback via your bank... those that are comfortable breaking the law selling fake products dont tend to be too concerned about consumer rights.
  • GrumpyDil
    GrumpyDil Posts: 1,621 Forumite
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    Unfortunately by sending the item to Dyson you are out of time just to return under CRA. 

    I'd argue that listing an item as a DYSON hairdryer and then under their T's and C's saying we sell unbranded items (in essence) is clearly misleading so I'd be contracting citizen's advice to see if they will refer this to trading standards. 

    As regards a refund are Dyson returning the item as that may make a difference to any chance you have. 



  • Jumblebumble
    Jumblebumble Posts: 1,809 Forumite
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    jon81uk said:
    Their policy is that you can return for any reason within 14 days.
    You should never have mentioned the fake thing and just returned it.

    discount-headphones.com is an awful website full of bad products, but they appear to accept returns almost in line with consumer rights (although its not exactly right).

    Consumer rights gives you 14 days to tell them you want to cancel and then 14 days to return the item.

    As you no longer have the item to be able to return it you are stuck really.


    They sell Earpod's what ever those are.
    They look like they are reselling alibaba tat
    Does anyone really think that the airpods at 40% of apple prices are real ?
    They claim to be certified refurbished what ever that means
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    Just do a chargeback with your bank.  You have an email from Dyson confirming that what you bought is a counterfeit copy.  I'd be amazed if chargeback didn't cover this.

    Explain the situation to your bank and see what they advise.

    (In the unlikely event that you get nowhere with a chargeback, I'd go back to Dyson and ask them to reimburse you.  You have - after all - assisted them in their battle against counterfeiters and I'm not sure why you should be out of pocket.  If manufacturers won't reimburse in this situation the there's little incentive for consumers to report counterfeiters.)
  • Ergates
    Ergates Posts: 2,108 Forumite
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    edited 8 July 2022 at 4:51PM
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    Kimmybaby said:
    So I purchased a Dyson hairdryer for £150 . 
    I opened the box and immediately thought it might be fake .
    I contacted the online seller who emailed saying it wasn’t fake but I can’t return for a refund under their t&cs 
    I read their t&c and in bold it states you won’t get a refund for open goods only a credit note . Plus  items will only be refunded within 14 days of purchase . My item took 7-10 days to arrive. 

    So I contacted Dyson direct, they organised for me to send item to them for counterfeit check and they have come back with an written email to myself that the item is indeed a fake . I’m waiting for the item to be returned. 

    I purchased item on 17 June 2022 . 
    So my question is where do I go from here to get my money back . I have the proof it’s fake now from manufacturer .

    So do I recontact seller to let them know and send them the letter from Dyson demanding my full refund as I have proof it’s a fake .

    Do I send them them the fake item back still ? 

    Do I contact my bank (NatWest) for a chargeback ? I paid via a debit card .

    What would be my best option.

    I have seen on trustpilot many other consumers are having issues with this company sending items back and not getting refunds. 

    The website is discount headphones (dot) com 



    I’ve since brought a real one from QVC. But obviously would like my £150 back for the counterfeit . 
    On the one hand, everything they said to you is a lie and you're totally entitled to your money back.

    On the other hand they're a website that (probably knowlingly) sells fake products so complying with the law doesn't appear to be in their playbook.  You'll probably have to threaten them with legal action - send them a letter before action.

    Or ask your bank to do a chargeback and let them handle it.
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