What is the Consequences of importing Fake Item?

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vertellihawk
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29 Dec 06 01:27:29 am
Dear eveyone, I am from AUS, what if i accidentally order something which is fake from my supplier, what is the consequences at my position when i receive the good? do i have to pay fine? or will i get charge from the custom? Is there any way that I can proof that I didnt know the item was fake? does anyone have any experience or know anything about it? Please share your thought, Thank you! Looking forward to hear from you guys.

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jimmy_huber
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29 Dec 06 04:21:28 am
If customs knows that the items you are purchasing you will never recieve them. If they inspect your product and know that the item is a fake. They will destroy them. Most likely toss them into an incinerator.

If you are caught by ebay, Your account will be suspended or banned.
If you are caught by local authorities then charges might be filed if they believe you to have known them to be fake.

The list goes on and on.


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Full Member
vertellihawk
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30 Dec 06 05:22:32 am
Dear Jimmy
If I use papal to pay for my goods, can i get a refund if find out that the good is fake? Example, i find a supplier selling ipods, payment made via paypal, however when the goods arrive, the custom tells me that they are fake, what should i do? talk to paypal to get my money back? or talk to the supplier? Also do i have to pay a fine to destroy the good from the custom? Thanks for you help! looking forward to hear from you!

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jimmy_huber
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30 Dec 06 06:26:25 am
First off its best off to dispute the purchase with the seller. If you find the items are fake you can ask to return goods for your money back. If they refuse you can take other steps including threatening to turn them into authorities for selling you counterfiet merchandise and for violation of the fair trade act of 1989.

In most cases they wont want to mess with this headache. Unless they are an overseas seller. Then they wont care either way. Paypal has a claims process. And they can do a chargeback if they deem the reasons valid.


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vertellihawk
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30 Dec 06 01:50:34 pm
Dear Jimmy
Thanks for your prompt replied. As you know there are alot of supplier selling fake items, especially asia countries, if the seller is from oversea is that mean that I can't do anything to get my money back once the payment is made via paypal? You said paypal will deem into wheather my reason is valid, what if my reason is the seller selling counterfeit which i did not know in the first place until the goods has arrive, then would that be a good reason to retrieve my losses? Hoping to hear from you soon. Thank you

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jimmy_huber
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1 Jan 07 10:01:28 am
Yes I would assume paypal would favor your claim. But if someone overseas was trying to scam you. Lets say China.simply for the fact that 97% of businesses in china cannot accept credit card transactions because credit cards are barely existant in china. I doubt you will have a scammer in china sending you crap knowing that paypal can reverse the payment and screw thier merchant account. And If you can find the very few suppliers that actualy do accept paypal or a credit card then most likely they are a manufacturer of the product line they are selling.


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vertellihawk
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1 Jan 07 04:07:00 pm
Dear Jimmy
Thanks you sooooo much for your info and advice. Wishing You and everyone in Salehoo a successful 2007 :D

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utdesh
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Joined: 26 Dec 06
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3 Jan 07 07:54:46 pm
Hi Jimmy,
I am from Germany.I am interested to buy brand clothes as wholesalebasis.Such as Tommy Hilfigger,Ralph Lauhren,Armani,D&G,Burberry,Ed Hardy,Juicycotoure Etc.But If look in Online,I get only Adresse from China.Are they (all)selling fake products?Or Some of them are selling Original products?How can I know them?Is there any way to find them.
I wii be very happy if I hear from you.
Thanks
John

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jimmy_huber
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4 Jan 07 05:07:29 am
In truth , Yes all of those supposed suppliers are selling replicas and fakes. Those designers do not sell products to wholesalers period. Those suppliers are selling items that are lookalike only and designer inspired. Do not fall into the trap of letting them try to convince you your buying the real thing.


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globalvisions642
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28 Jan 07 03:03:55 am
What about the leather bags like Fendi, Cavalli, Burberry, Prada, etc. Are there wholesalers of originals or do they all come from China, meaning just replicas?

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jimmy_huber
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28 Jan 07 09:45:51 am
All that come from china are fakes. Do not believe anything you hear about chineese factories making these products or being authorized manufacturers. They are manufacturered in italy and milan. And are only sold in high end stores and botiques. Most designers prefer to have product that is not sold destroyed rather then let them be sold as wholesale.


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janelle959
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1 Feb 07 10:28:19 pm
Hi Jimmy. Im from Australia and also wanted to buy designer handbags, shoes, and clothing. Is it completely hopeless for me to do so, even if im registard a business :(

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annepastoors
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22 Apr 07 08:36:36 am
Hi, the fact where some people say most designer brands are made in Italy and Paris is not really a fact. Nike and some other shoes and clothing brands make their clothes in China in sweatshops and maybe sometimes up for sale, i have seen some people find real suppliers with real items, nike is made from sweatshops, if you do some research you can find them for cheap. As for my friend getting this fake ipod when she ordered, they never siezed or opens the goods but she reckons it was because the packaging looked real. Also another friend from alibaba is ordering 2x n95 copies, high quality, they will see how it goes and the supplier said they can handle customs, i will let you know on what happens.

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bubbles-erin
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28 Apr 07 06:44:13 am
Jimmy, If replicas or fakes have such high consequences, why do you offer dropshippers/wholesalers for these items. Is there a way to legally sell them without getting in trouble with the law/ebay/customs? Is advertising them as 'look-a-likes' or 'replicas' acceptable by ebay or other sources? Where can one find more laws about selling replicas?

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grace-salehoo
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29 Apr 07 10:33:48 pm
Hi - Salehoo only lists wholesalers of 'designer' replicas (meaning look-a-likes without any branding or logo), rather than actual brand-name replicas bearing the brand name or logo.

Unauthorized use of the name, logo or brandname of a company is a violation of the Intellectual Property Rights law.

When goods are imported that are breaking this law, Customs has the right to seize and destroy goods. Read more about it here:

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Brand names are becoming more stringent in their efforts to clamp down on counterfeit goods as the number sold online have ballooned. Last year for instance, Louis Vuitton filed a lawsuit against eBay: Link hidden: Login to view

If you search Google for 'intellectual property legislation' you'll be able to find out more. Different countries have slightly different policies. Wikipedia has a good guide with references: Link hidden: Login to view


Grace

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vgs1953
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30 Apr 07 07:18:10 am
I have been reading all the above information with interest. I am also in Australia and after doing a little searching I am under the understanding that in Australia you cannot import an item which has a registered brand or trademark that has been registered in Australia, without the owners permission. If the brand or trademark is not registered in Australia it is OK and if it happens to be a copy it is then not classed as a fake and therefore not confiscated. If you go through the Aust customs website (I didn't save the address) you can check for reg trademarks and brands. If this was not the case, every single item of Abercrombie & Fitch would be confiscated, as they only sell in their own stores, and that currently is not the case. All you have to do is check the number of listings on Ebay Aust. I have also checked and their brand name is not registered here. If however I am wrong I would appreciate your comments.

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vgs1953
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30 Apr 07 09:31:46 am
A correction to my previous statement. Abercrombie & Fitch is registered in Australia up until March 2010. The website to check for registered trademarks in Aust is Link hidden: Login to view

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grace-salehoo
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30 Apr 07 11:33:52 pm
Hi - That is correct. In both the US and Australia the owner of the trademark must apply to Customs to have their trademark protected in that country. If they haven't done this, then Customs will not seize copied goods.


Grace

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