Consumer Rights: Buying Counterfeit Goods

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Consumer Rights: Buying Counterfeit Goods

Your Rights When You Buy Counterfeit Goods

Discovering that something you bought is a fake can be frustrating. Whether it was a handbag, a pair of trainers, or electronics, you may feel stuck with a worthless item. UK consumer law does give you options, even when counterfeits are involved.

Although counterfeit goods themselves are illegal, the law still protects you as a buyer. Your rights depend on how you paid, where you bought the item, and how long ago the purchase was made.

Buying From a Business

When you buy something in person from a business, you are protected under the Consumer Rights Act 2015. This replaced the older Sale of Goods Act and sets out clear standards for what you can expect from a purchase.

Under this law, goods must be of satisfactory quality, fit for purpose, and as described. A counterfeit item fails the "as described" requirement by definition. This means you may have grounds to request a refund from the seller.

You can reject goods and ask for a full refund within 30 days of purchase if they do not meet these statutory standards. After 30 days but within six months, the seller must be given one chance to repair or replace the item. If that fails, or if it is not possible, you can then claim a refund.

Keep any receipts, packaging, or proof of purchase. Maintain records of all communication with the seller. These will help if you need to make a complaint or take the matter further.

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Online Purchases and Marketplace Sellers

If you bought the item online from a UK business, the same consumer rights apply. You also have additional protection under the Consumer Contracts Regulations, which give you 14 days to cancel most online orders for any reason, though exceptions exist for perishable or bespoke items.

Purchases from overseas sellers or through marketplace platforms involve additional complexity. In these cases, the platform may have its own buyer protection scheme. Check the terms of service for sites like eBay, Amazon, or Etsy, as they often offer refunds or dispute resolution for items that are not as described. Before buying, verify the seller's authenticity by checking reviews, ratings, and trading history.

For purchases made by credit card where the cash price of the item is between £100 and £30,000, you may be able to make a claim under Section 75 of the Consumer Credit Act 1974. This makes the card provider jointly responsible with the seller. For smaller amounts paid by debit card, you can ask your bank about a chargeback. Note that chargeback is not a statutory right but a voluntary scheme offered by card providers, and success is not guaranteed.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Buying From a Private Seller

When you buy from a private individual rather than a business, your rights are more limited. The Consumer Rights Act does not apply in the same way. However, the item must still match any description given at the time of sale.

If a private seller described something as genuine and it turns out to be counterfeit, you may have a claim for misrepresentation under the Misrepresentation Act 1967. You would need to demonstrate that the seller's description deviated from the truth in a material way. This can be harder to pursue, and you may need to consider the small claims court if the seller refuses to cooperate.

Reporting Counterfeit Goods

Beyond seeking a refund, you can report the sale of counterfeit goods to Trading Standards through the Citizens Advice consumer service. This helps enforcement agencies track sellers and may prevent others from being caught out.

You can contact Citizens Advice online or by phone. They can also give you guidance on your specific situation and explain your next steps.

For detailed information on consumer rights, the GOV.UK website provides current guidance on returns, refunds, and how to make a complaint.

The Next Step

Authenticity Red Flag Checker

Now that you have read through the advice above, you might want to put it into practice. Our Authenticity Red Flag Checker lets you identify warning signs that a product is likely counterfeit based on your observations. Try it now →

Ask Spot Counterfeits a Question
Michelle 30/10/2020 at 7:38 pm
Was sold counterfeit jewellery items although stated in the ad that it was genuine, contacted seller for refund but she said she wasn’t refunding as she wasn’t aware they are fake. I paid bank transfer obviously a stupid mistake on my part but is there anyway I can get my money back?
Smallp 28/10/2020 at 6:21 pm
I recently bought five Momo carbon fibre steering wheels off a person on Facebook marketplace.
When they arrived they were blatantly fake and not even carbon fibre (plastic).
I have given the seller the opportunity for me to send them back for a full refund but he has refused this saying he didn’t know they were fake.
Where do I stand with this?,report to trading standards?,police?.
Can I take him to small claims court?
katie 19/09/2020 at 4:06 am
I bought about 70 goods from 5 star costemics on May 26, 2020, and when I received, I found almost everthing is out of date, some were even out of date in 2019, I contacted them many times, and there's no feedback.
sterling 01/05/2015 at 4:02 pm
i have just received a silver 1 oz coin and after closer inspection i have found it to be fake. i have contacted the seller who has immediately offered me a refund, and i should return it. but i thought it was illegal to post fraudulent coins in the uk, am i correct?? thanks ian b
Tony 26/09/2012 at 12:49 pm
Trading Standards are very quick to act on this, although you might only want to involve them if you can’t receive satisfaction from the seller. In that case they’ll be on them like a ton of bricks, and they’re certain to receive a fine. Most sellers will happily return your money rather than have to face the law.
Thaddeus 14/06/2012 at 11:04 am
Auction sites are getting better on counterfeit goods, and it's about time. You need to be very careful on there, especially as you can't believe all the feedback - even if it's good, even that can be a scam. If possible pay by credit card as you might be able to get your money back if the goods turn out to be fakes and only buy from people located in the EU to increase your chances.
Rambol 12/07/2011 at 8:10 pm
If I think I've bought counterfeit alcohol, in fact sure because I've bought another bottle of vodka and it proves this is the case, what can I do? I do not want to let them clear out the stock before someone goes to have a look.

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