Fake item, Section 75

DullGreyGuy

pinkshoes said:
Have they stated that they do not supply this 3rd party with their goods?

That would be irrelevant in determining if something is real or fake... no manufacturer has total control of their goods and many spend vast sums in cat and mouse chases to try and work out how companies are getting supplies and block them off. 

Remember the 2002 case of Tesco -v- Levis because they were sourcing cheap jeans from the US rather than the UK distributor? Even after Tesco eventually lost they just switched to the EU and were still selling well under the wholesale price from the UK distributor.  That worked, to a fashion, with a massive legal entity like Tesco who have assets worth going after, there are hundreds of smaller companies doing the same which is just impossible for Levis to go through a 4 year legal battle and the High Court with each of them. 

My preferred amplifier brand doesn't allow distributors to sell remotely but have bought every one of my amps remotely from an official distributor as a "known customer". Similarly preferred brand of shoe polish doesn't allow distributors to sell on Amazon but there are dozens that do. 

Shows weakness in their controls not that the item is fake.

Jumblebumble

cpennington87 said:

Hello all, I'm wanting a wee bit of advice

I recently paid quite a bit of money (iro £500) for a mirror made by a well known bathroom company, from a third party bathroom website. The mirror arrived, and it seemed off. Quality not great, didn't come with the features described (demister pad, IR sensor).

I wrote to the vendor to ask where the additional parts were. Got fobbed off.

I emailed the manufacturer with a link to the product. They advised me that the product is fake, and they would investigate.

I threw the mirror away because it just wasn't what I was expecting.

The vendor ignored my emails initially.

Now, they have offered a partial refund, or a full refund if I return the item. 

My question is; am I entitled to a full refund because the item is fake? Do I have to return the item for a full refund, bearing in mind, I can't? Will I be awarded a Section 75 in spite of throwing the item away?

Thank you

Surely the manufacturer advised you that the link to the product that they looked at on a particular day is fake
They could not possibly advise you about what you bought at some time previously
I can confidently predict that you are not going to see a penny of your £500.00
If you had retained the product there would  still the whole mess regarding the fact that most courier companies don't much like to  transport counterfeit goods

pinkshoes

DullGreyGuy said:

pinkshoes said:
Have they stated that they do not supply this 3rd party with their goods?

That would be irrelevant in determining if something is real or fake... no manufacturer has total control of their goods and many spend vast sums in cat and mouse chases to try and work out how companies are getting supplies and block them off. 

Remember the 2002 case of Tesco -v- Levis because they were sourcing cheap jeans from the US rather than the UK distributor? Even after Tesco eventually lost they just switched to the EU and were still selling well under the wholesale price from the UK distributor.  That worked, to a fashion, with a massive legal entity like Tesco who have assets worth going after, there are hundreds of smaller companies doing the same which is just impossible for Levis to go through a 4 year legal battle and the High Court with each of them. 

My preferred amplifier brand doesn't allow distributors to sell remotely but have bought every one of my amps remotely from an official distributor as a "known customer". Similarly preferred brand of shoe polish doesn't allow distributors to sell on Amazon but there are dozens that do. 

Shows weakness in their controls not that the item is fake.

I do remember the Tesco and Levi thing, although in this case I think the OP is claiming that it was sold as X brand, but is actually a faulty Chinese knock-off being passed off as brand X, rather than sourcing brand X from elsewhere.

Nevertheless, who on earth throws away £500 of evidence?!?!? 

I am however mildly amused that you appear to collect amplifiers. How many do you have? Mr Pinkshoes will not let me have an amplifier for my drum kit and headphones have to suffice. 

DullGreyGuy

pinkshoes said:

DullGreyGuy said:

pinkshoes said:
Have they stated that they do not supply this 3rd party with their goods?

That would be irrelevant in determining if something is real or fake... no manufacturer has total control of their goods and many spend vast sums in cat and mouse chases to try and work out how companies are getting supplies and block them off. 

Remember the 2002 case of Tesco -v- Levis because they were sourcing cheap jeans from the US rather than the UK distributor? Even after Tesco eventually lost they just switched to the EU and were still selling well under the wholesale price from the UK distributor.  That worked, to a fashion, with a massive legal entity like Tesco who have assets worth going after, there are hundreds of smaller companies doing the same which is just impossible for Levis to go through a 4 year legal battle and the High Court with each of them. 

My preferred amplifier brand doesn't allow distributors to sell remotely but have bought every one of my amps remotely from an official distributor as a "known customer". Similarly preferred brand of shoe polish doesn't allow distributors to sell on Amazon but there are dozens that do. 

Shows weakness in their controls not that the item is fake.

I do remember the Tesco and Levi thing, although in this case I think the OP is claiming that it was sold as X brand, but is actually a faulty Chinese knock-off being passed off as brand X, rather than sourcing brand X from elsewhere.

Nevertheless, who on earth throws away £500 of evidence?!?!? 

I am however mildly amused that you appear to collect amplifiers. How many do you have? Mr Pinkshoes will not let me have an amplifier for my drum kit and headphones have to suffice. 

They are on a strict one in one out basis but I get upgradeitus when a new one is released... thankfully thats only every few years. For my amps... 3 for music/movies... the Mrs is wanting one (probably some) for her musical instruments though... they'll be a different brand. 


Ultimately it is what they are claiming however how can you tell that purely from looking at a website? Legitimate goods are sold in China as well as knockoffs. If the company sells via third parties or if they dont recognise this particular party doesn't prove they are fake, though it may impact warranty etc. 

Levis Head Office and Levis UK wouldn't have recognised Tesco as a legitimate stockist and may have questioned the legitimacy of their goods. It was some middleman willing to break their agreements that was supplying them. Same could be the case here. 

Similarly there are plenty of sellers on eBay who have genuine unused new goods sold well under retail price. I've no idea where they're sourcing their goods but they have a steady supply from somewhere and that includes 1 company I use that only sells via their own stores and a single partner globally.  They've seen and worked on my eBay purchases and never doubted their authenticity 


The OP said two bits weren't working... well that could be fault or manufacture issue rather than signs its fake and quality wasn't up to what they were expecting. No idea of the brand or the OPs familiarity with it... could be they were just expecting too much.