You have the legal right to a refund if you’ve bought something that’s fake or counterfeit.
You can also report the seller to Trading Standards or report the seller for fraud. Trading Standards might take legal action against the seller, but they can’t help you to get your money back.
Getting a refund from the seller
You’re legally entitled to a full refund on fake goods within 30 days of paying for them.
If it’s been over 30 days but less than 6 months since you paid
The seller is legally able to give you a real version of the item to replace the fake one. However, if they can’t provide a replacement, they’re legally required to give you a refund (up until 6 months after you paid for it).
What to say or write
“I have a right to a refund under the Consumer Rights Act 2015, because this item doesn’t match its written/verbal description”.
If you paid for the item more than 6 months ago
You’re entitled to a part-refund depending on how much you’ve used the item and how long you’ve had it. It’s harder to do this after 6 months as you could be asked to prove that the item is a fake - try talking to the real brand and asking them to inspect it.
Your consumer rights last for up to 6 years, depending on the quality and standard of the item when you bought it. This means you don’t have the right to ask for a refund after 6 years.
If the seller refuses to give you a refund
Sometimes sellers argue that items were obviously fake because they were very cheap. They can say you must have known it wasn’t the real thing and use that as a reason not to give your money back. However, they’re breaking the law by selling fake items and your legal rights still apply.
If you need more help finding out how to get your money back, you can contact the Citizens Advice consumer helpline. Contact the Consumerline if you're in Northern Ireland.
If you paid by debit card
Contact your bank and say you want to use the ‘chargeback scheme’.
If you paid by credit card
If the item cost less than £100, you should contact your credit card company and say you want to use the ‘chargeback scheme’.
If the item cost between £100 and £30,000, contact your credit card company and say that you want to make a ‘section 75’ claim to get your money back.
If you paid using PayPal
Use PayPal’s online Resolution Centre to report your dispute. You must do so within 180 days of paying.
Report the seller to Trading Standards
Trading Standards looks into criminal activity and prosecute sellers and traders who break the law. You’re not legally obliged to report someone selling fake goods, but it might stop other people accidentally buying fakes from them in future.
Read more about reporting a seller to Trading Standards.
Report the seller for fraud
You can:
report the seller to Action Fraud on their website or call them on 0300 123 2024
Get help
Contact the Citizens Advice consumer helpline on 0808 223 1133if you need more help - a trained adviser can give you advice over the phone. You can also use an online form.
If you’re in Northern Ireland, contact Consumerline.
Alright, let's dive into the intricacies of consumer rights, refunds, and combating the trade of fake or counterfeit goods. First and foremost, the article touches upon the Consumer Rights Act of 2015, a legal framework that empowers buyers when dealing with misrepresented or fraudulent products.
Now, within the initial 30 days of purchase, you hold an unassailable right to a full refund if you discover that what you bought is fake. A solid foundation, grounded in the Consumer Rights Act, supports this claim. In the following 6 months, the onus is on the seller to either replace the counterfeit item with a genuine one or refund your money. The act stipulates that your entitlement to a refund extends up to 6 years, contingent on the quality and standard of the item at the time of purchase.
The article rightly addresses the potential resistance from sellers, particularly when more than 6 months have elapsed since the transaction. To navigate this, you may be entitled to a partial refund based on your usage and the duration you've possessed the item. However, proving the item's counterfeit nature may become more challenging, necessitating engagement with the authentic brand for inspection.
A key point emphasized is that the seller's refusal based on the item's low price is invalid. Regardless of the cost, the seller is infringing the law by vending counterfeit items, and your legal rights persist. If you find yourself facing resistance, seeking advice from the Citizens Advice consumer helpline becomes a valuable recourse.
Now, in the scenario of payment via debit or credit cards, the article suggests using the 'chargeback scheme' for resolution. For credit card transactions falling between £100 and £30,000, a 'section 75' claim is a viable route.
When PayPal is the mode of payment, the article suggests engaging their online Resolution Centre within 180 days of the transaction to report disputes.
The article also provides a strategic approach to reporting sellers engaging in fraudulent activities. Trading Standards, a body that investigates and prosecutes illegal practices, is highlighted. Additionally, reporting to Action Fraud or Crimestoppers is advocated for combating fraud.
In essence, the comprehensive coverage of legal recourse, from consumer rights to specific actions based on payment methods, positions you well to navigate the complexities of dealing with counterfeit goods. If you need further assistance, the Citizens Advice consumer helpline or Consumerline in Northern Ireland are reliable points of contact.
