Refund for counterfeit item

elsien

On a positive note, at least they helpfully have a UK name and address on their website so you know where to send any LBA to if needed. 

TELLIT01

With a letter from Dyson confirming that the item is counterfeit it will hopefully be a straightforward chargeback or S75 claim through the bank.  The item ordered has not been supplied.

elsien

I thought this sounded familiar. Original thread here. 

https://forums.moneysavingexpert.com/discussion/6367758/scammed-natwest-chargeback/p1

sheramber

My web security considers it a fraudulent site.

Sandtree

TELLIT01 said:

With a letter from Dyson confirming that the item is counterfeit it will hopefully be a straightforward chargeback or S75 claim through the bank.  The item ordered has not been supplied.

They said it was a debit card so no S75 option

mattyprice4004

elsien said:

On a positive note, at least they helpfully have a UK name and address on their website so you know where to send any LBA to if needed. 

The people at the address will have no idea about the site - they just pick a random address (or one that doesn't exist) to make it seem legit. 
I can't believe people fall for these fake sites - if it's half the price it's blatantly going to be a dodgy item. 

Kimmybaby

Hi 

Below the email I got from them a couple days said this, so I contacted Dyson who via message that said the serial number linked was to an old model and they where 99.9% sure it was a fake but I could send it into them to check and now they say it 100% is and I have a letter - the product is being sent back to me from Dyson

 ——

Hi 
You will note the item is stated as refurbished and we are fully confident in saying the item is not a counterfeit item at all , but you are welcome to return as per our refund and return policy and once the item is retuned back to us we will then be happy to refund this for you. 

Please see the link below for the refund and return information needed.

Thanks 
DCH 

—- 

So I was worried if I sent it back its “per their t&cs to get a refund “
 I’ve never had to deal with anything like this before.
And I don’t want a credit now I want my money back 

I can’t add the link here to their t&cs

but they say :

Refund & Returns

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund, only an exchange.or credit note.
For items that are defective after this time frame but within 6 months of date or purchase are covered under our warranty provided , this warranty does not cover accidental damage / loss or theft.  

You have the right to cancel the purchase of a goods without having to give a reason at any time within the "cooling off period" of fourteen days, beginning on the day after you receive the goods.

If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost as soon as possible once you have canceled the contract , should you wish to cancel your order within this timeframe this can be done by emailing sales@discount-headphones.com and must include your order number for us to allocate to yourself , your order number can be found on your order confirmation email sent upon point of order.

We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.

You will not have any right to cancel a purchase for the supply of any of the following goods:

for the supply of goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
Missing accessories as supplied at point of order or damage to products not informed to us upon delivery.


Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and that your refund has been processed. Once your refund has been processed,  a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Time frames for returns vary from merchant to merchant but should not be longer than a period of 21 days. If this is the case please contact us so that we can assist with the resolution of this.Open Box Items - Please note as per the product description these items ARE NOT INCLUDED IN OUR 14 MONEY BACK POLICY and these items are an exchange or credit note return only.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@discount-headphones.comCancellation Prior To Dispatch (if applicable)
Cancellations prior to dispatch are charged at £9.95 per order,, this is to cover associated costs in relation to payment processing and refund charges.Return due to incorrect purchase or understanding of item purchased (if applicable)
All items should be purchased as discount headphones and not any other third party brand , this is clearly stated on the product disclaimer and product description. Returns for this purpose are chargeable at £9.95 per order for each unopened item and £14.95 per each opened item. These costs are to cover re handling of the item , payment processing and refund charges.Return Postage (if applicable) 
Should you wish to return your order postage charges are at the buyers expense , should you return and item due to being faulty all return charges will be refunded for the order. This is applicable for orders over 14 days but within 30 days from point of purchase. For orders outside of the 30 day period then return postage is at the buyers expense.Warranty Claims (if applicable) 
If your order is over 30 days and requires a warranty claim then this must be firstly emailed to sales@disocunt-headphones.com and and upon return you must include the return form enclosed within the return package.

Wrong Address - If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you, the standard fee is £4-10 but this cost can vary based on location.

Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself or your end customer, these orders are held for 14 days and will be disposed of if unclaimed in this time frame.

We are unable to provide a full refund for your order after a failed delivery.To commence with a Refund or Return of any item within the stated timeframe please contact us at sales@discount-headphones.com 
Please contain within the email your order number so this can be correctly allocated to your accountYou must also include the refund and return form signed and dated to your return package , this can be found on the homepage of our site www.discount-headphones.com. Failure to include this will result in a delay in your refund or exchange until the document is supplied to ourselves , this must be included or posted , this form is not accepted via email format.Returns should be sent to the following address and contain within the return your Name and Order Number DCH , Woodlands Farm , Garden Lane , Stafford , ST19 9LG 

Kimmybaby

Can I just say the item I was purchasing was a refurbished Dyson that’s why the cheaper price.

I have now purchased a brand new one from QVC but would like my money back this other retailer 

Also in their email reply to me a couple days ago when I said the item was counterfeit they have come back and said that 

”we are fully confident in saying the item is not a counterfeit item at all ”

Therefore admitting false advertising . 

unholyangel

GrumpyDil said:

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. 

They're not out of time. I'm assuming you're talking about short term right to reject specifically (your comment is misleading as technically CRA sets no time limit on returning items, just time limits on when short term right to reject can be exercised or when the burden of proof switches) so when the OP messaged the seller indicating she thought it was a fake and wanted to return, the 30 days stopped running. 

But even ignoring the 30 day right to reject, OP can still ask for repair or replacement. As repair isn't possible in the circumstances,  that leaves replace. The trader can only replace with a non counterfeit (because it needs to bring goods within conformity of the contract) version. And if that isn't possible then they're back at refund territory again. 

But I'd agree with others. If the company are selling counterfeits and have unfair (and potentially illegal) terms, it's best not to talk to them any further and go to the bank with the evidence. 

Admiral_Barbarossa

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 . 

The cheapest Dyson Hairdryer I can find on the net is £330 new. I doubt very much that the shark will have genuine ones!

My virus checker immediately pops up red when I tried to go to the site mentioned! I would be advise the following!
Do not be too Quick to Click!