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

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#277364 29-Nov-2009 00:07

That auction is a clear case of passing off the item.

Nokia can and should screw him over. this is nothing like the BS policy of trademes of pulling anything that
"looks like" and iPod, this is blatent counterfeiting and what the ACTA is supposed to be addressing.

How did you pay? I am guessing not pay now since that would make it easy to get your money back...

Give him a red, and if you get one back then appeal to trademe to remove it. If they will not then put a calm, factual note under what will probably end up being a complete unintelligible diatribe of bull, and in that case it hardly makes you look any worse.

Do not fold to any requests to edit or change the feedback in exchange for the removal of your one, because spineless acts like that are what let the muppets like this keep on selling this crap.

Usually once one or 2 are on a seller of crap then others will put theirs in. He only has 70, so it will only take a few to make trademe pull their membership at which time you can get the negs removed if they place them.

Richard rich.ms

b0untypure1

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#277383 29-Nov-2009 07:17

id place bad feedback after hes given you good feedback

freitasm

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#277389 29-Nov-2009 07:46

b0untypure1: id place bad feedback after hes given you good feedback

It doesn't work, you can change your feedback after if wanted to.

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mikerussellnz

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#277397 29-Nov-2009 08:59

Got an e-mail from TradeMe this morning explaining they have emailed him and told him his legal obligation is to either supply the genuine product or give a full refund.

I also received an offer from the seller offering a refund when he receives the item back. I can see his point about wanting the product back first, but I could end up with nothing if the refund doesn't come through.

I guess all I can do is ship the product back and go down the disputes tribunal route if I don't get the refund.

freitasm

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#277399 29-Nov-2009 09:10

An alternative (but time consuming) instead of posting a bad feedback on his profile is to visit every single one of his auctions from now on and always ask "Is this a genuine item?" even if you don't want to bid on the item... I guess that will make him mad (until he blocks you).

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Deev8

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#277417 29-Nov-2009 10:25

mikerussellnz: I also received an offer from the seller offering a refund when he receives the item back. I can see his point about wanting the product back first, but I could end up with nothing if the refund doesn't come through.

Getting money refunded is obviously a priority, but if you decide to return the item do consider taking photographs or gathering other evidence to pass on to Nokia NZ. In fact it's worth discussing the 'return for a refund' with Nokia first, they may be keen to get their hands on the item and willing to compensate you.

b0untypure1

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#277510 29-Nov-2009 16:52

i wouldnt ship it back untill refund has came through

richms

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#277515 29-Nov-2009 17:12

Noone in their right mind will refund before getting a returned item back and inspecting it to check that there isnt just a potato or brick in the box...

Richard rich.ms

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#277520 29-Nov-2009 17:25

On ebay, from asia, the answer is generally no.

And the a2dp chipset used by the fakes is terrible.

Richard rich.ms

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#277526 29-Nov-2009 17:44

Is it in aussie tho? Dropshipping is common on ebay so chances are it will come from HK anyway despite what is said on the listing... Delivery time is a dead giveaway, if its the same for AU as everywhere else than its not in AU.

To be honest, I would be fine with a knock off if they were not total crap in the a2dp, bluetooth reception, and speaker quality areas.

Richard rich.ms

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#277527 29-Nov-2009 17:53

richms: To be honest, I would be fine with a knock off if they were not total crap in the a2dp, bluetooth reception, and speaker quality areas.

Which is pretty much all a Bluetooth stereo headphone does, isn't it?

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johnr

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#277536 29-Nov-2009 18:06

I have a question pending on the other auction Nokia Bluetooth stereo headset of the same trader.

Auction #: 256949199

Hi are these Genuine Nokia or counterfeit?

Lets see how long it takes to get answered

John

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#277561 29-Nov-2009 19:20

I've asked that guy if it's an original Nokia headset too...

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Tel69

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#277562 29-Nov-2009 19:29

Just added this to the new auction as a question (Even though they are an obvious knock off)
"Hi, is this a picture of the actual headphones I'll be buying?
The reason I ask is this is a generic photo from nokia's site and does not show it as described, (in it's original package)

Thanks"

johnr

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#277563 29-Nov-2009 19:30

What the Hell everyone on GZ should ask

John

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