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B2B Selling and SOGA Help on Counterfit stock purchased HELP!!


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I need some advice,

 

This is my first post on this site in a few years but it always helped in the past so hopefully someone here can help

 

 

I bought a joblot of CK Boxershorts from a website called Stockshifters

 

They were Advertised as 100% Authentic

 

I am not a business, i am an individual, but they say they are a B2B company only so normal Consumer Rights do not apply

 

I have contacted them about the goods being Counterfit, and they confirm that they were made aware of this in November last year, but did not recall any of the other lots that had been sold to other customers

 

I have A crime refernce number for the goods, I also still have all the goods, I bought them in november last year

 

I just need to know my rights

 

I have been told that i should still should send items back, and ask for a refund as the items are not as described, and not fit for purpose (they are very bad, they fall apart after washing and they are fake so not as described anyway)

 

But Stockshifters say they are not liable at all as the SOGA does not apply to them

 

Im hoping someone on hear will have some good advice, as i am £500 down at the moment and wish to have some of it back

 

 

I did write to them returning the stock quoting

 

it was breach of contract, as you have not received the "Authentic" goods ordered.

 

Sales of goods act applies even if you are not a consumer. The goods are not as described.

 

the sales of goods and services act 1982

 

 

I got this reply from them today as they refused delivery of the shorts back

 

It is regrettable that you have had a bad experience purchasing goods via the stockshifters website. We do everything we can to monitor the vendors and the goods traded on our website but it is not possible to inspect every product.

 

If a vendor is suspected of trading in counterfeit goods they are banned immediately from the site. With regards to this particular vendor, their account was suspended due to a number of supplier issues but none due to counterfeiting. We have no evidence that the goods sold by this vendor are counterfeit.

 

Stockshifters is an intermediary and does not buy and resell stock. Vendors fulfil their own orders and as a buyer it is your responsibility to inspect stock and contact us within a 48 hour period if the goods are not as described on the website. Stockshifters have held up their end of the agreement and acted within the T’s & C’s http://about.stockshifters.com/terms-and-conditions/which both yourself and the vendor have agreed to.

 

By agreeing to our T’s & C’s you are given access to our site as a business/trade customer – business/trade customers do not carry the same consumer rights as consumer buyers. The following link may be of assistance: http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_at_auction_e/buying_goods_in_an_auction.htm

I understand that you have already been put in contact with the vendor of the boxer shorts and any claim you make would need to be made against this vendor. Should you decide to proceed with legal action against Stockshifters we will have no choice but to defend our position. In the interests of avoiding any further dispute, I would urge you to make contact with me if you feel there are considerations we are overlooking.

 

Beast Regards,

Denham

 

 

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Who did you pay for the goods? As they are a third party and in a generally B2B environment you do have less rights than as a consumer. Were the goods priced ex-VAT and were you invoiced with VAT separately? If no then it is a consumer purchase dressed up.

Trading Standards is probably the best route but dont hold out much hope of getting your money back in a hurry. Keep an eye on their web site to see if the crooks are still trading and report then to TS as well if they are not showing due diligence in this matter.

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