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Bought counterfeit clothes

43 posts in this topic

As title says I bought clothes from registered German wholesale company. When I received them I

noticed that they are all counterfeit. Seller refuses to return my money and does not accept "widerruf"

because it was B2B sale.

 

I went to the police but they said that this is not their problem and they can't do anything about it. I told them 

that in this case I can also sell counterfeit clothes and they said yes. I thought that this is a crime.

 

Does anybody know how I can resolve this problem? I want my money back (700€) ad I can't sell those clothes.

They are horrible quality.

 

I can't believe that in this case I can't do anything about it...Surely there must be something to do about it right?

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3 minutes ago, LeonG said:

You could take them to court.

 

That means that I will have to bear all costs? I currently don't have rechtsschutz (not yet).

 

How do I even start to take them to court?

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8 minutes ago, denisholc said:

 

That means that I will have to bear all costs? I currently don't have rechtsschutz (not yet).

 

How do I even start to take them to court?

 

That's the question if it's even worth the effort. I'm sure someone will reply who knows more about the system but if you don't have Rechtschutz it could get costly. You could hire a lawyer to write them a nasty letter and see if it gets you anywhere

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I believe that a company selling counterfeit goods would be more of interest to the Zoll than the police - assuming said goods have been imported at some stage.

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5 minutes ago, LeonG said:

 

That's the question if it's even worth the effort. I'm sure someone will reply who knows more about the system but if you don't have Rechtschutz it could get costly. You could hire a lawyer to write them a nasty letter and see if it gets you anywhere

 

I paid 718€. It's not just money for me. He is selling to other people as well ad as far as I know selling counterfeit clothes is a criminal offense.

 

What if I get Rechtschutz now and then I buy again from him. And after I get those counterfeit goods I sue him through my Rechtschutz?

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7 minutes ago, robinson100 said:

I believe that a company selling counterfeit goods would be more of interest to the Zoll than the police - assuming said goods have been imported at some stage.

I already wrote today an email. Hopefully I will get a response. Or maybe I should just go directly to the department in Munich?

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9 minutes ago, denisholc said:

I already wrote today an email. Hopefully I will get a response. Or maybe I should just go directly to the department in Munich?

 

- if you had written that in your introduction, I could have saved myself the time and effort!!!

 

is there anything else you have already done, but not yet mentioned?!

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13 minutes ago, robinson100 said:

 

- if you had written that in your introduction, I could have saved myself the time and effort!!!

 

is there anything else you have already done, but not yet mentioned?!

 

your effort was still worth it so don't worry. Because of your answer I decided to go tomorrow to Zoll...

13 minutes ago, robinson100 said:

 

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When I ran a wholesale trading business we were required by law to replace or refund the price for defective items. In my book counterfeit would count as defective.

Just for interest is the price you paid a normal one for wholesale?

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33 minutes ago, keith2011 said:

When I ran a wholesale trading business we were required by law to replace or refund the price for defective items. In my book counterfeit would count as defective.

Just for interest is the price you paid a normal one for wholesale?

33 minutes ago, keith2011 said:

When I ran a wholesale trading business we were required by law to replace or refund the price for defective items. In my book counterfeit would count as defective.

Just for interest is the price you paid a normal one for wholesale?

I see. So can I write him an email that clothes are defective and I want a refund? And since you have knowledge in this. I ordered shirts in "White" and "Grey" but I received them in wrong colors. So basically a wrong product. Do I have in this case right of withdrawal?

 

No. Price were lower compared to other wholesale prices

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21 minutes ago, denisholc said:

No. Price were lower compared to other wholesale prices

 

If it looks to good to be true, yada yada yada.

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When you say counterfeit exactly what do you mean?

Is it a case of designer labels but not from that designer?

Is it look-a-like / trying to appear to be ..?

 

The reason I ask is that if this is the case then the people to talk to are the Zoll, not Police, especially if copyright is being breached.

 

However, as RedMidge has suggested above .... If it seems too good to be true, it probably is.

Hint hint; fleamarket stands are not too expensive.

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8 hours ago, denisholc said:

I see. So can I write him an email that clothes are defective and I want a refund? And since you have knowledge in this. I ordered shirts in "White" and "Grey" but I received them in wrong colors. So basically a wrong product. Do I have in this case right of withdrawal?

 

No. Price were lower compared to other wholesale prices

I would say yes to both, with the exception of not just an email but a " per Einschreiben" letter. Of course the seller might still refuse to pay you back and you might then have to go to court. Regardless I would proceed with your visit to the Zoll and also complain to the platform (if online/any) on which you saw the goods advertised. Depending on the method of payment there could be possibilities there also.

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How did you pay?  You might be able to make a claim against the credit card company or similar.

 

Did you order via a specific platform?  You might be able to make a claim against them, or at least get them removed from the platform.

 

 

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9 hours ago, Malt-Teaser said:

When you say counterfeit exactly what do you mean?

Is it a case of designer labels but not from that designer?

Is it look-a-like / trying to appear to be ..?

 

The reason I ask is that if this is the case then the people to talk to are the Zoll, not Police, especially if copyright is being breached.

 

However, as RedMidge has suggested above ... If it seems too good to be true, it probably is.

Hint hint; fleamarket stands are not too expensive.

Copyright is being breached. I'm goint to Zoll today.

8 hours ago, catjones said:

How did you pay for the goods?

Bank transfer

1 hour ago, keith2011 said:

I would say yes to both, with the exception of not just an email but a " per Einschreiben" letter. Of course the seller might still refuse to pay you back and you might then have to go to court. Regardless I would proceed with your visit to the Zoll and also complain to the platform (if online/any) on which you saw the goods advertised. Depending on the method of payment there could be possibilities there also.

I paid with bank transfer. I'm going to Zoll today as suggested. Hopefully they can do something about it.

1 hour ago, dj_jay_smith said:

How did you pay?  You might be able to make a claim against the credit card company or similar.

 

Did you order via a specific platform?  You might be able to make a claim against them, or at least get them removed from the platform.

 

 

Bank transfer. I just ordered through specific. I also wrote them email about this counterfeit seller. Hopefully they will remove him

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I don't think the Zoll will help to get your money back, they will just investigate and can maybe shutdown the company.

 

See if you can withdraw the bank transfer, or talk to your bank.

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