Sold counterfeit item on TradeMe - Do I have any action I can take against the seller?

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mikerussellnz

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#51532 28-Nov-2009 12:02

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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#277193 28-Nov-2009 12:10

Whats the link to the auction?

- Telstra HTC Touch Pro2 - Energy ROM WM6.5.5 20 Oct/Cyanogen Mod Froyo 2.2 - R.I.P
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- Business Hours - Work In The Electricity Industry, After Hours - DJ/Turntablist - Will Scratch Vinyl For Free'
- What's next??? S3?

freitasm

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#277195 28-Nov-2009 12:15

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.

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mikerussellnz

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#277196 28-Nov-2009 12:16

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

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#277212 28-Nov-2009 13:03

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

Deev8

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#277218 28-Nov-2009 13:25

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.

Handle9

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#277223 28-Nov-2009 14:03

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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#277226 28-Nov-2009 14:16

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

mikerussellnz

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#277227 28-Nov-2009 14:19

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

mpvincent

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#277253 28-Nov-2009 17:00

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

mikerussellnz

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#277255 28-Nov-2009 17:20

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).

Deev8

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#277259 28-Nov-2009 17:38

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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#277265 28-Nov-2009 17:48

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.

freitasm

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#277270 28-Nov-2009 17:54

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.

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mikerussellnz

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#277285 28-Nov-2009 18:30

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.

Adamal

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#277344 28-Nov-2009 23:17

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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