A consumer bought pajamas with a fairy tale character printed on them in a Polish e-shop. The e-shop ordered a product from Asia. The parcel was delivered to Poland via the Netherlands.
After a short time, the customer received a request from REACT (a non-profit organisation dealing with the protection of intellectual property rights) to pay 95 EURO for the cost of disposal and storage of the product. The reason for stopping the shipment was the suspicion that the product is a counterfeit because it has a trademark that is the intellectual property of an American film company.
The consumer did not read in the seller’s regulations that he in fact provides intermediary services and that the goods come from China. As a result, the client was accused of stealing intellectual property.
If you have a suspicion that the product you are buying may come from China, check the terms and conditions to see if the online shop is a seller or an intermediary!
The ECC Poland contacted the ECC Netherlands asking for a comment. The Dutch centre admitted that REACT activities are legal.
The consumer managed to withdraw from the contract with the intermediary and receive a refund of PLN 80 for counterfeit pajamas. According to a notice sent by REACT, if the costs of disposal are not paid, the case will be brought to court.
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