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# 212773 12-Apr-2017 09:36
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I purchased a new motorcycle helmet off Trademe, and got stung, the helmet is a counterfeit with fake logos and counterfeit safety stickers, isn't nz compliant.

I can find the information about what standards a helmet must meet, I can find information regarding demerits and fines if caught wearing it - but I can't find any information about the penalty to a trader selling non compliant helmets.

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  # 1762011 12-Apr-2017 09:39
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Helmet safety standards

 

An approved motorcycle helmet is one that complies with one or more of the approved international standards:

 

  • UN/ECE Regulation No. 22: Protective helmets and their visors for drivers and passengers of motorcycles and mopeds (Europe)
  • Australian Standard AS 1698: Protective helmets for vehicle users
  • New Zealand Standard NZS 5430: Protective helmets for vehicle users
  • Snell Memorial Foundation: Helmet Standard for use in motorcycling
  • Federal Motor Vehicle Safety Standard No. 218: Motorcycle helmets
  • British Standard BS 6658: Specification for protective helmets for vehicle users (for type A helmets only)
  • Japan Industrial Standard T8133.

Helmets that comply with approved standards can be identified using these markings:

 

 

 

Helmets complying with FMVSS 218 will be marked with the letters 'DOT'. This standard is only acceptable for motorcycle helmets that have been manufactured and purchased in the United States.

 

 

 

I would go back to the trader ask for a full refund and send their product back. If they labelled the product as something for road use you should advise them you will follow up with the small claims court or what ever as they are in breach of the LAW.

 

Also advise trademe of the seller selling illegal products.

 

https://www.nzta.govt.nz/resources/roadcode/motorcycle-road-code/you-and-your-motorcycle/wearing-the-right-gear/


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  # 1762014 12-Apr-2017 09:41
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post seller info plz


 
 
 
 


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  # 1762016 12-Apr-2017 09:43
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cruxis:

 

post seller info plz

 

 

 

 

Link to the auction or similar one would be good also.




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  # 1762018 12-Apr-2017 09:46
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Thanks. I've done the TM desputes process but it's incredibly slow. I can see this dragging out well over a month.

The seller initially offered refund, but would not reimburse shipping in either direction, to get some closure and in goodwill I offered to return at my cost, but then he decided he wouldn't give a refund until I get a bike shop to put in writing it is a counterfeit. Well, cmon I don't need to do that - it has no official nz compliant safety logos.

Small claims is now $45, and while I'll do it as last resort on principal, I thought if I could find something on a givt website that said "selling non compliant motorcycle helmet = fine not exceeding $10,000" or something along those lines, it might make the guy just do the refund without me having to waste any more of my, or other people's time.

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  # 1762023 12-Apr-2017 10:01
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Geese: it has no official nz compliant safety logos


It has no safety logos or it has faked logos? If it is faked how have you determined this?

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  # 1762025 12-Apr-2017 10:03
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  # 1762030 12-Apr-2017 10:07
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What brand / model and how much did you pay?

Linux

 
 
 
 




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  # 1762036 12-Apr-2017 10:22
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The helmet has no brand or model anywhere (a requirement for certification), none of the logos TimA just put up, it has DOT logo, but is not the correct layout for a DOT logo, and it has plain text ECER 22-05 however again it doesn't meet the layout criteria specified by them.

I've had a lot of helmets and ones like this should weigh at least 1650g but this is 1000g, doesnt have full internal coverage (side of helmet is just bare shell no polystyrene), I can with no effort flex the helmet in, which I've never seen before, I'd say one could crush the helmet in half with bare hands if one wanted to.

What I was meaning by counterfeit was the helmet has logos all over it which made me think it was supplied along with new bike but it's a nameless brand using manufacturer logo to seem legit, but it's not their genuine product... Kinda like all the rip off copy dyson blade less fans that came out a few years ago that looked like real deal but weren't, and another example could be fake clones of Microsoft arc mice that sprung up.



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  # 1762038 12-Apr-2017 10:29
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The price was very cheap ~$100, however as I said it appeared to be the sort of thing included free with new bike purchase. I buy a new motorbike every year and I've been given new helmets with the bike I simply don't want and sold then on tm for less than half rrp still new in box. So no alarm bells rung at the price and he's not a "dealer" trader.

The shipping however he charged was double actual cost. Which is a significant difference.

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  # 1762042 12-Apr-2017 10:39
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I doubt there is a specific penalty for the situation you describe. Your best bet is to pursue this under CGA as the item is 'not fit for purpose'. If the seller is uncooperative, threaten with the small claims process. That is probably the best weapon at your disposal. Don't accept anything less than full refund, including shipping.

 

Here are some links that might be helpful. They may also be useful for drilling down further:

 

http://www.comcom.govt.nz/fair-trading/fair-trading-act-fact-sheets/buying-goods-and-services-in-new-zealand-know-your-rights/

 

https://www.consumerprotection.govt.nz/consumer-law-and-your-rights/consumer-guarantees-act/

 

https://www.consumerprotection.govt.nz/for-business/complying-with-consumer-laws/understanding-product-safety/

 

http://www.mbie.govt.nz/info-services/business/intellectual-property/parallel-importing-in-new-zealand/parallel-importing-and-piracy-and-counterfeiting

 

The last link gives some nice juicy penalties for selling counterfeit goods, though it doesn't apply directly to your situation. Maybe you can use it impress your seller, though.

 

I assume you have already seen this Trade Me page:

 

http://www.trademe.co.nz/help/331/banned-restricted-items#Bike

 

This only mentions bike helmets but I would assume that also extends to motorcycle helmets.

 

 

 

 

 

 





I reject your reality and substitute my own. - Adam Savage
 


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  # 1762043 12-Apr-2017 10:40
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You spend $100 on a helmet WTF!!!

 

I  would of thought your head / Skull / life would be worth more than this? Why not spend $500 on a branded helment that would last many years up to 5 or 6 years if not damaged

 

Sorry I was on your side before but now I am on the fence $100 nuts! I spend min $700 to 1k about every 4 to 5 years

 

Linux

 

 

 

 




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  # 1762053 12-Apr-2017 11:06
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Yes Linux, but this IS a branded helmet... It's just that it's counterfeit. If you believed the brand to be true, then you'll understand this helmet should be utmost quality. As I said ignore the price, I've sold $500 helmets new for $100_$150 simply because I don't need them and they were included free and taking up space.

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  # 1762054 12-Apr-2017 11:08
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Geese: Yes Linux, but this IS a branded helmet... It's just that it's counterfeit. If you believed the brand to be true, then you'll understand this helmet should be utmost quality. As I said ignore the price, I've sold $500 helmets new for $100_$150 simply because I don't need them and they were included free and taking up space.

 


Can you please upload a photo of this branded counterfeit helmet?
Curious to see, Not trying to hang you up for the fact you should have known better due to it being $100, Someone could have had a genuine helmet looking for a quick sale due to not fitting and got it free or what ever...


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  # 1762057 12-Apr-2017 11:14
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Please upload photo or provide auction number on Trademe

 

Linux


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  # 1762097 12-Apr-2017 12:03
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Geese: Yes Linux, but this IS a branded helmet... It's just that it's counterfeit. If you believed the brand to be true, then you'll understand this helmet should be utmost quality. As I said ignore the price, I've sold $500 helmets new for $100_$150 simply because I don't need them and they were included free and taking up space.

 

I agree, Ive always had bikes, if I bought a good brand off TM, I imagine that type pf product has a relatively low price due to low demand. 


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