Ebay & International Law – Listings And Transactions – Counterfeit Fake USB Flash Drives, MP Players, Memory Cards

Posted on July 18, 2009 by

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FakeFlashNews is reprinting an article published at SOSFakeFlash. It is important that eBay members review eBay’s position on both buyers and sellers complying with the laws of their countries. There is very useful information that could help frauded buyers expedite their claims, provided they kept their packaging and meet some of the criteria presented.

SOSFakeFlash’s Randy has important information that may help you with your claim against an international fake flash seller on eBay who sold you a false capacity (fake) MP Player, memory card or usb flash drive on eBay. Hopefully your kept your packaging!

Ebay & International Law

Consult: http://pages.ebay.ca/help/policies/international-trading.html

eBay insists that listings and transactions comply with the laws of the countries where both the seller and the high bidder reside. Users are responsible for ensuring that their transactions are lawful in both countries. eBay strongly suggests that users educate themselves about the laws of their own country and the countries where they plan to do business.

In addition the paypal / ebay complaints that you may submit for the fake flash drive, mp player or memory card, you may also want to consider submitting policy complaints on the seller. Some potential areas that a seller may infringe on local laws or regulations in your country.

1. Starting with the mailing package that the flash device was shipped in. Hopefully, you still have the mailing package.

Starting with the Customs declaration (CN22 form):

A) Did the seller indicate that the product was a gift?

If so, this is not true, and your country customs laws should consider this to be fraud.

B) Is the description on the CN22 correct?

If not, then your country customs laws may be infringed.

C) Did the seller indicate the country of origin?

If not, then again your customs laws may be infringed.

The CN22 form contains the following declaration.

I, the undersigned, whose name and address are given of the item certify that the particulars give in this declaration are correct and that the item does not contain any dangerous article or articles prohibited by legislation or by postal or customs regulations.

If the seller did not complete the form correctly you could also complain to the postal authorities is the sellers country and Ebay.

2. Regarding the contents of the package:

A) Did the flash drive, mp player or memory card or the packing that it came in have “country of origin” markings?

If not, this could be in violation of your countries customs laws or consumer protection laws.

You can use this information to help you pursue your claim if any of the conditions Randy mentioned are found. It can also cut to the quick about any arguments or issues with a Paypal claim. The more evidence you have that laws are being broken, the easier it should be.

We think this is exactly the kind of information eBay could leverage very quickly to help you. Instead of having to argue or dispute on the validity of fake or not fake. We all know that a tested items indicates whether it is or not, but this is another angle and it could be a lot easier to pursue.

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