And: If the purchase price of the supposed (exactly the same, new) branded article is really much cheaper than that of the manufacturer, it can (almost) only be a fake. Bought plagiarism? You should do that!
First of all: If you have purchased a fake branded product (online) that was advertised as “genuine“, you are of course also entitled to the original branded product! As a buyer, you have the following (legal) options to choose from:
1. Claim to the original
After you have been able to unmask the ordered tiem as a counterfeit, you should first request the original goods from the seller and set a reasonable deadline for supplementary performance. This is usually 14 days.
2. Get money back
The only problem is that many counterfeit dealers don’t have any original goods at all. So if the deadline is not met, you can return the product and claim your money back directly.
3. Use the right of withdrawal
A particularly practical feature of online purchases is the 14-day right of withdrawal, at least if it is a commercial seller from the European Union. This means that even if the counterfeit branded goods are apparently in order and you only suspect the plagiarism – but cannot clearly confirm it – you have the right to revoke your online purchase.
4. Does lawsuits make sense?
If none of that worked out, you can of course also try to assert your claims in court. However, this is usually only worthwhile for dealers based in Germany or the EU. If the seller is located somewhere in China, for example, it is difficult to get hold of him simply because of the geographical distance and the different legal systems.
In addition: the legal process is usually lengthy, uncertain in the outcome and extremely expensive. For a single counterfeit pair of sunglasses, jeans or a fake designer belt, the effort is usually not worth it. Unfortunately! However, if the seller of the counterfeit goods is registered in Germany and refuses to lodge a complaint, you should definitely threaten him with legal action. At least if he has not previously responded to your friendly complaint or complaint.
This is often enough (in conjunction with a specific 2-week period) to avoid being left with the counterfeit goods. Because the fraudster usually does not want to expose himself to criminal proceedings. By the way, this is also a good reason to think about your own legal protection insurance. Because it also helps in such cases reliably with words and deeds.
Oh yes: If you bought the counterfeit product on a platform like EBay, you should also report the seller. This helps the online marketplace to remove the “black sheep” and avoids falling into the same trap for other buyers.
Is it a criminal offense to buy counterfeits on the Internet?
Here we have good news for you: As long as you have bought a counterfeit product for private use, you are generally not liable to prosecution. However, this only applies if the item was actually and clearly purchased for personal use – and not in bulk. In such a proverbial “single case” even the personal importation of the plagiarism to Germany is often not a problem. However, we emphasize: often.
Of course, the situation is different if, for example, you are caught entering Germany with dozens of counterfeit handbags. This then has a more commercial effect, i.e. as if you want to sell the plagiarism – and could have serious consequences. Not only financially, but also legally.
If, on the other hand, a counterfeit stamp addressed to you is confiscated by customs in the mail, you can also face unpleasant additional costs. For example for storage. In addition, for goods from non-EU countries from 20 euros, a relatively “heavy” (because possibly double) import sales tax may apply. You will not receive the item until the taxes and fees have been paid.
Which points of contact and arbitration are there for counterfeit products?
If there is trouble with the retailer after the purchase on the Internet, arbitration boards are also there to help you. They offer dispute resolution procedures at EU level for consumers, i.e. buyers. That means: Unfortunately, this does not help with a purchase from China, but with a supposed “snapper” from any EU country. If you have a complaint about plagiarism, you can submit it on the platform. As a rule, the dispute should then be settled within 90 days.
But now we hope that you will not get your hands on a plagiarism the next time you make a purchase and that the favorite item of your choice will reach you undamaged!
