Where to go if you sold a fake under the guise of the original

The modern market is filled with a large number of fakes. The buyer often encounters a problem when he is in a regular or online store sold a fake brand disguised as the original. What same do in such situation?

Where to go

To determine a fake product or not - you can check the country of the manufacturer by the barcode:

After discovery forgeries the buyer can refer to:

• seller (shop or a company, an online store manager, from where sent a fake);
• to an importer engaged in deliveries to the territory of the Russian Federation;
• manufacturer. 

As a rule, a verbal appeal is enough, so the stores demonstrate customer focus. To confirm the fake, you can provide an SMS or a screenshot of the response on the site. But this is not a prerequisite. 

You can return your purchase within the warranty period or the life of the product. If the information is not specified, then a return is allowed within 14 days from the date of purchase of the goods.

If the seller refuses to return the money, a written request is made. 

In case of repeated refusal to return the money, a written claim is made in two copies (one is given to the seller, the other remains with the buyer). On the second, the seller must put a mark on familiarization indicating ddate of receipt, his last name, first name, patronymic, position and signature. In case of disagreement, it is necessary to independently note the fact of refusal and put your signature. 

What do in case of refusal to meet the requirements? The buyer can protect his rights in court. In this case, the buyer has the right to demand payment of expenses from the seller. You can file a complaint with the higher organization of the seller, Rospotrebnadzor, internal casesresponsible for combating the spread of counterfeit products, the prosecutor's office. 

Life hack: If you are not sure about the product - barcode check online

What to write

In the claim, they claim the refusal of the sales contract (if it is signed) and demand a refund based on the non-compliance of the goods with their functional purpose and the conditions prescribed in the contract. 

According to paragraph 6 of article 12 of the Federal Law “On the protection consumer rights” The seller receives a penalty of half the cost of the goods if they refuse to return the money to the buyer for the purchase. 

According to paragraph 5 of Article 503 of the Civil Code, all expenses for the return forgeries borne by the seller. At the same time, the value of the goods does not decrease after its use and the loss of the commodity. kind. 

Sample Complaint

In the right corner of the submitted claim, the data of the addressee (seller) and consumer are indicated:

• name of the organization, its address;
• surname, name, patronymic, address and contact phone number of the buyer. 

The main text looks like this. 

“(date of purchase) a product (name with brand indication) was purchased in your organization.

This information is confirmed by: a mark in the technical passport of the product, a sales receipt, a cash receipt. 

Having paid (amount), I fulfilled my obligations under the contract. 

In accordance with article 4 of the law of the Russian Federation, the seller is obliged sell to the buyer goods, the quality of which does not meet the terms of the contract or the specified functionality of the product category. 

The item I purchased was of poor quality. 

Characteristics of the defect: (indicate the actual violations or the conclusion of the examination). 

Warranty period of the goods - (in accordance with the sales receipt). “

What documents are needed

When making a return, you will need:

• the passport;
• receipt;
• purchase and sale agreement (when drawn up).

If bought product via the Internet, printed receipts of payment are provided. 

Responsibility for the sale of counterfeit

When purchasing a counterfeit, the buyer loses the right to receive a quality product and reliable information about it. This is an illegal act on the part of the distributor. 

In accordance with the legislation of the Russian Federation, the seller and the manufacturer receive at least fine for selling a fake.

Articles 146, 147 of the Criminal Code of the Russian Federation

The fight against plagiarism, copyright infringement is carried out in accordance with the articles presented in the table. 

Article of the Criminal Code of the Russian Federation, no.	Wording
146. Item 2.	Acquisition, storage, transportation fake goods for sale on a large scale.
147. Clause 1.	Violation of invention and patent rights. Illegal use of an invention, utility model or industrial design, disclosure without the consent of the author or applicant of the essence of the invention, utility model or industrial design before the official publication of information about them, appropriation of authorship or coercion to co-authorship, if these acts caused major damage.

Violation of these articles is punishable by:

• a fine in the amount of up to 200 thousand ₽ or in the amount of the income of the person who violated the law for a period of up to 18 months;
• compulsory work for up to 480 hours;
• correctional labor for up to 2 years;
• forced labor for up to 2 years;
• imprisonment for the same period.

If there are difficulties with defending the rights, the buyer can contact a lawyer.

Help of a Lawyer

In order to quickly and effectively solve the problem with the purchased goods of dubious quality, we recommend contacting a Legal Consultant in an online chat. Support 24/7

Output

Buy you can fake it in any store. When it is found, you need:

1. Contact the seller verbally to demand a refund.
2. In case of refusal, file a written complaint addressed to the trading organization. 
3. Submit the goods for examination. 
4. If you disagree with the conclusion, appeal it in court. 

If a fake is detected in a timely manner, the buyer has the right not only to a refund, but also to protect his rights in court with the payment of material compensation.