Bought a rep, seizes by customs (Belgium) -> Letter from lawyer's office demanding €250

[GingerBubba]

:facepalm:

I swear to God, someone on this thread has a bloody good chance at winning a Darwin Award at some point in their lifetime. No words.

Good luck OP.

 

[mydnytrydr]

Why would it be game over? It just proves that he accepted a letter without knowing what’s inside the letter or admitting to anything. The signature just means that he received it.

If it were me, I'd make them send more letters to get a feel for how far they want to take this …. in the past, they would just drop it.

 

[Cheeps]

If it were me, I'd make them send more letters to get a feel for how far they want to take this …. in the past, they would just drop it.

I would research the law and not do anything until I know what the law is.

 

[mydnytrydr]

I would research the law and not do anything until I know what the law is.

Unless the laws have changed recently, France and Italy were the only countries to prosecute the demand side of the replica business .. The forums have not discussed any changes yet..

 

[Cheeps]

Unless the laws have changed recently, France and Italy were the only countries to prosecute the demand side of the replica business .. The forums have not discussed any changes yet..

Then it seems the op is fine I guess

 

[tripdog]

How can a law firm, in Europe or on the moon, PROVE you have received ANY correspondence if you don't SIGN for it? … That's my point.

HE FUCKING SIGNED FOR THE LAWYERS' LETTER.



Maybe k4jun can help with some PERTINENT advice.

 

[GingerBubba]

:rofl:
And breathe.....

 

[k4jun]

Why would it be game over? It just proves that he accepted a letter without knowing what’s inside the letter or admitting to anything. The signature just means that he received it.

In EU, correspondence received from any state authorities (and signed by the recipient) is deemed as the official message which was succesfully delivered to the receipient, read and understood by him. If there is any official deadline given - date of a signature initiates the count-down for an official reply /reaction towards the autohorities.
So, once signed - it does not matter whether recipient has opened and read the letter or he simply threw it in a waste bin.

Hey guys and girls,

I ordered a replica Omega watch from PureTime a while ago. Since they recommended Direct Shipping for Belgium, I went ahead with that. Unfortunately - the watch was intercepted and it was deemed a counterfeit. I received a letter of seizure, sent it back to PT, and they decided to send another watch - this time I paid extra for UK Triangle Shipping.

However, yesterday I received a letter which I had to sign upon receipt, from a lawyer's office representing Omega. They're basically asking me to vow by oath never to buy a replica Omega again, and to pay an amount of €250. In exchange, they promise not to press legal charges. Problem is, there's already a second watch on the way, albeit safer this time. What if that one gets intercepted too and I've already signed the oath? They've given me a week's time. Hopefully the second watch gets here by then.

Personally I can deal with a €250 loss, but I can't really deal with the stress of legal issues, especially as a student (my parents would kill me and if I goes badly, I simply don't have the financial means to defend myself in court or prepare to pay for an even bigger amount).

Do I pay the €250, even though they can't prove anything? I'm really not interested in legal threats or troubles, and I probably wouldn't sleep well if I didn't respond either.

Read this https://www.eccbelgium.be/themes/un...piracy/how-to-respond-when-buying-counterfeit
and DO NOT SIGN ANY FUCKING OATH.
Your line of defence here is "I have no idea how came that this package was addressed to me, I never actually ordered any watch, has to be that my personal data was compromised and someone used it without my knowledge, thanks for letting me know. In respect of you claim, as you understand I cannot be charged here as I haven't violated any law."

If you sign the oath, it is like you saying 'Yes, I've ordered fake watch to my home address, but got busted, blimey! sorry it won't happen any more" - and then your line of defence is dead. hope you see my point.

I ordered quite a few reps via tringular to Belgium and never had any problems, you should be fine with the next package.

 

[k4jun]

Personally I wouldn't bother with replying to the law firm.
If that makes you feel better - tell them as above but do not sign any oath.
Each person by default is deemed that he/she is acting in a good faith, unless been proved otherwise. Law firm cannot prove you bough fake watch, hence the prompt you this oath - it is a trap - pleading guilty made by you.

 

[Wrestleantares]

". In Belgium, it could also require damages, except if you are able to demonstrate that you purchased in good faith (for example, the website indicates no trademark, the price is credible, etc.)."

FROM eccbelgium.be -

• Pay nothing if you are in good faith. For example:
  • The advertisement of the vendor and/or the purchase confirmation do not mention any trademark;
  • The price is unreasonably low;
  • The website looks professional;
  • You are buying as a private person, not to sell.
• Dispute in writing the invoice of the trademark holder or the legal bureau.
• If you are asked to sign a declaration in which you must promise never to buy counterfeit any more or forfeit an already determined penalty, do not sign it! You cannot undertake such a commitment, for you do not know what circumstances could arise in the future, which might make you fall into the trap once again.

Do not take this as legal advice from me. Just a few moments of using my Google-Fu skills pulled up this info.

LINK:
https://www.eccbelgium.be/themes/unfair-practices/counterfeit-and-piracy/what-the-law-says

 

[muiramas]

First off, Swatch Group (Omega) have their own legal council - they won't outsource anything to a bunch of tin-pot legal hacks.

Customs likely have a list of legal firms operating on a 'kick-back' basis, that they contact if they find counterfeit goods.

The letter is likely what's known as a 'fishing trip' - it's purely speculative - the same sort of mechanism as other legal firms use when they have their interns trawl e-Bay on quiet days looking for some idiot selling a fake date just. It makes a bit of money when they have nothing better to do.

I recommend you don't ignore it - as you signed for it. But I do recommend you say that you have no knowledge of anything and don't sign any declaration.

If they send another letter, re-iterate that you know nothing, and ask them to stop pestering you otherwise you will consider your own legal recourse.

I caveat that I am not familiar with Belgian law, but that would certainly be the UK position.

 

[Nikz19]

First of all, DON’T PAY ANYTHING. Paying that “fine” is an admission of guilt itself.

 

[mydnytrydr]

The big brands have always gone after suppliers …. cut off the head of the snake to kill it.. Going after a guy who is buying a watch or two isn't really going to do much for them. If they want to hit the demand side of this, they'll lobby to change the laws to make it illegal to purchase replicated goods. Has anyone on here got a knock on their door from the "authorities" because they own reps?? LMAO!...

 

[Glaude]

Agreed with GingerBubba (renew your supporter status you twat !) a little breathing is required here.

A few minutes of research on the forum would have yield some results on how to deal with this and what it actually is.

Big brands do outsource this kind of works because their more "classical" lawyers are busy with things way more important than a few watches seized, but they still don't want to let that go.

Just think about the non informed people, ordering a lot of watches at once, getting seized, and like most people having no idea of the gravity of those facts : the letter is probably very effective and I bet a lot of people are paying it, so for the brands, it's worth it and that way they look like they act on the front of counterfeit product, even though they really don't care.

Don't answer this, it doesn't matter that you've signed a letter, like anyone, you receive a letter, you sign for it, doesn't mean you agree with the content, it just mean, you acknowledged getting a letter, that's just a line of defense they don't want you to use.

For customs fine, they rarely pursue the offence even if they sent a letter demanding payment.

Now if you were to get caught again, that would be another story

Oh and just to be complete : paying a fine is never an admission of guilt

 

[DaleM]

Tell them BS, I ordered a.fake Speake Marin Face.to Face!

 

[Specter1000]

If they were serious about going after you they would bring charges. Ignore it. In the end, giong after you to stop replica sales like pissing in the ocean trying to raise the temperature of the water.

 

[Genera74]

Im no lawyer but do not sign anything. Its much harder for them to go to court to prove u did something wrong vs. something you already signed as an admission of guilt.

from the economic point of view, it makes absolutely no sense for a company to go after a student for something purchase over the internet.

I would ignore it for now

 

[drmckenn]

The standard advice from corporate lawyers...”admit nothing, say nothing, sign nothing”


Sent from my iPhone using RWI

 

[Chris89m]

So... any news?

 

[freediver]

no news are good news lol