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271 posts

Ultimate Geek
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Topic # 51532 28-Nov-2009 12:02 Send private message

Hi


I was sold a counterfeit item on Trade Me, the auction linked to all the official site specifications and made out the product was genuine.   I have since contacted the seller who claims I "should have asked on the auction whether it was genuine or fake".  I don't think I should have had to do this as the auction should not have been misleading.


He has another one of the same item listed and when a user asked about whether it was genuine, the response was deliberately vague and this is after he knows the product is fake.


Do I have any actions I can take against the seller?  Has anyone had any luck?


Thanks. 


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1989 posts

Uber Geek
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  Reply # 277193 28-Nov-2009 12:10 Send private message

Whats the link to the auction?




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  Reply # 277195 28-Nov-2009 12:15 Send private message

Contact Trade Me to try and get his other auction down. Other than this it's a matter between you and the seller - Trade Me most likely won't get involved.







271 posts

Ultimate Geek
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  Reply # 277196 28-Nov-2009 12:16 Send private message

http://www.trademe.co.nz/a.asp?id=254752474

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Uber Geek
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  Reply # 277212 28-Nov-2009 13:03 Send private message

have you got his name and address? threaten to let the cops on him. selling counterfeit stuff is completely against the law.(i think!)

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Ultimate Geek
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  Reply # 277218 28-Nov-2009 13:25 Send private message

mikerussellnz: http://www.trademe.co.nz/a.asp?id=254752474

Well that auction clearly states that it is for a Nokia Bluetooth Headset model no BH-503 and that the item is brand new and in original packaging. If the item isn't a genuine Nokia BH-503 then the listing is misleading.

If the seller is a "trader", a term that legislation leaves intentionally vague, they must comply with the Fait Trading Act which requires accurate description of goods. In any case it's worth noting that TradeMe's Code of Conduct states that:

Sellers agree to:
Describe items fully and accurately ...

You should certainly raise a breach of the Code of Conduct with TradeMe.

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Ultimate Geek
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  Reply # 277223 28-Nov-2009 14:03 Send private message

You are a victim of fraud, plain and simple.

You can also contact the Commerce Commision who are very interested in counterfeit goods.

If the seller keeps fobbing you off you can also take them to the disputes tribunal - cost $30 and is a bit of a hassle but a good stick to threaten them with.


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Uber Geek
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  Reply # 277226 28-Nov-2009 14:16 Send private message

Sure, you can take them to the tribunal, but thats only if you have their contact details, name address phone etc



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Ultimate Geek
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  Reply # 277227 28-Nov-2009 14:19 Send private message

I have a name, an address (may not be real) and a bank account number.

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Master Geek


  Reply # 277253 28-Nov-2009 17:00 Send private message

Why has this guy got no negative feedback? I would have thought a few negatives would sort him out?



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Ultimate Geek
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  Reply # 277255 28-Nov-2009 17:20 Send private message

I know, I always look at the feedback before buying, I will be leaving some negative feedback if he is not willing to sort it out (refund).


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Ultimate Geek
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  Reply # 277259 28-Nov-2009 17:38 Send private message

mikerussellnz: I know, I always look at the feedback before buying, I will be leaving some negative feedback if he is not willing to sort it out (refund).

Regardless of whether the issue is eventually sorted out, it doesn't sound like a very positive experience.

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  Reply # 277265 28-Nov-2009 17:48 Send private message

I'd also contact Nokia NZ. I know Nokia Australia were clamping down on people selling fake Nokia goods and would presume Nokia NZ would be also.

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Reply # 277270 28-Nov-2009 17:54 Send private message

mpvincent: Why has this guy got no negative feedback? I would have thought a few negatives would sort him out?


Because most people on Trade Me knows that BAD FEEDBACK GIVEN = BAD FEEDBACK RECEIVED... Anyone leaving a bad feedback for this idiot will receive a bad feedback too. Trade Me won't do anything in these cases, and people are left with bad reputation when they are the victims. I know, it happened to me.






271 posts

Ultimate Geek
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  Reply # 277285 28-Nov-2009 18:30 Send private message

I have put complaint in to trade me about it being a misleading auction as well as selling counterfeit goods.
I have rung the Nokia 0800 number and they have opened a case and taken my details so a manager can call me.

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Ultimate Geek


  Reply # 277344 28-Nov-2009 23:17 Send private message

Its not your responsability to ask if they're fake or not. Its his to specify in the auction if they are.

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