Customs Problem Hont! Help

[zinduna]

Sign nothing for them.
I believe there has been a change in the law recently in the UK requiring the rights holder to obtain a court order to detain or destroy any item that was allegedly counterfeit .
Before it was taken as read and the customs would just accept the right holders word this is now not the case if they don't obtain the court order the customs will have to release the item in 30 days.
I personally believe that Rolex will soon get fed up of having to go to court every time a fake shows up so i would just ignore the letter they can do nothing unless they obtain a court order.
That includes demanding money as compensation only the court can decide if you are to pay compensation or not,not Rolex or the lawyers working on commission for Rolex

+1

 

[Spiccato]

Do not sign.
They have the watch; count it as gone.
Contact Hont, he should make good.

I have friends that enjoy certain...uh...consumables from an island nation
just south of Key West, Florida, USA. These consumables are also "illegal" in the USA (not exactly, but we can't spend
money on them...same thing)
and letters are sent to the purchasers regarding these from US Treasury Department.
The standard procedure is to ignore the letter and the threat therein, fax the letter to the seller, the seller replaces the item.
(You have no idea about the item seized. No one will pursue the matter, at least not here in the States. Relax; have lunch.) :mrgreen:


You are now experienced, and can help others in the future!

 

[mackiem]

The recent change this june was with regard to the burden of proof, its now upon the rights holder to prove goods are fake.

The current procedure, in brief, is as follows:-

The rights owner then ordinarily has only 10 days from the notification of the detention in which to initiate court proceedings against the importer, failing which, the suspect goods will be released from detention.

Goods will then only be destroyed if the rights holder obtains a judgment and the court makes such an order.

It will cost rolex £30 court fee plus a legal bill for the judgement I suspect. So there is a chance your goods make get to you.

 

[DonBrizzel]

Hah, what a joke. This is silly, Rolex wasted more money sending that paper out to you than the watch is prolly worth.

I wouldn't sign that for nothing, make Rolex work and pay even more money to destroy a $200 watch.

If it were me, but I have a bad temper, I would go as far as to call Rolex and rub it in their face that I am not signing it and try to MAKE them take me to court, just for principal.

 

[Time4Direct]

If it were me, but I have a bad temper, I would go as far as to call Rolex and rub it in their face that I am not signing it and try to MAKE them take me to court, just for principal.

Well you are either very foolish or very rich!
If Rolex took you to court you would lose if only on the basic fact
1 Its a fake
2 You are aware of it's presents

Now as a point of principal who is in the right or in the wrong? The member for trying to import a fake watch or Rolex for trying to protect their brand name.

If it went to court Rolex would turn a $200 watch into a $20000 problem with all the legal fees which incidentally would fall on you if you lost.

So I really don't see where principles come into this unless committing financial suicide is another description of principles

 

[PecMan]

sorry guys but u are not really helping this guy (our friend )
the right thing to do is :
tell rolex that u are a veteran and lost both arms in war and is not a funny joke for u to read that letter

 

[DonBrizzel]

If it were me, but I have a bad temper, I would go as far as to call Rolex and rub it in their face that I am not signing it and try to MAKE them take me to court, just for principal.

Well you are either very foolish or very rich!
If Rolex took you to court you would lose if only on the basic fact
1 Its a fake
2 You are aware of it's presents

Now as a point of principal who is in the right or in the wrong? The member for trying to import a fake watch or Rolex for trying to protect their brand name.

If it went to court Rolex would turn a $200 watch into a $20000 problem with all the legal fees which incidentally would fall on you if you lost.

So I really don't see where principles come into this unless committing financial suicide is another description of principles

The principal that they are taking too much time to destroy one single replica. This would not be very cost effective to them to take every single replica watch owner to court. Like I said, them sending that one piece of paper out probably cost Rolex $150 dollars if you count in man power, etc... I can see if they found a shipment with about 30 plus watches, maybe it would make sense to me that they confiscate this and take legal action. If they want to pursue everyone who buys a watch and threaten legal action, they may soon find themselves beating a dead horse. It would cost much more than $20k if someone gets a decent lawyer and stretches the proceedings out. You have man power, court costs, etc etc...

Is that really worth it to Rolex to fight and have the possibility to end up loosing? I don't think so. The truth is they can easily win every case, but the point is they would be putting a big drop of revenues into the legal bucket just to go after people who bought one replica instead of trying to take down the bigger threats to them.

Really, it would be 50/50 on whether I take this to court just to see what came out of it, and to make Rolex work to get my watch. Like with most companies, I would imagine this wouldn't be worth Rolex's time to go to court just to make a point on one person and one watch. This is just like if McDonald's tried to take legal action just because someone is selling double cheeseburger look-a-likes for cheaper on the other side of the road as their store. Instead of going after the person selling them, they take everyone who bought one to court. It wouldn't be worth their time for a small drop in the bucket.

 

[PecMan]

i would even make some $ selling that letter as a gen letter from rolex on ebay

 

[DonBrizzel]

Also, and I don't know anything about the legal system of the UK, but in the US they would most likely only be able take legal action to destroy the watch, and at most, make the buyer payer for the cost of a genuine Rolex that the company was cheated their money from plus court costs. Rolex would spend much more than that (in most cases) just to take the legal action. They would end up spending probably double of what they would receive if they win, and that is even if they win, which is not guaranteed with the way the US judicial system is. From a business man stand point, would that be worth it to them just to make an example of one person, when they know that this will not stop the production and selling of replicas anyway? I doubt it.

i would even make some $ selling that letter as a gen letter from rolex on ebay

Haha what a great idea.


EDIT: Kemix, don't listen to me, I would get you in trouble with my hot head, just listen to T4D and the rest, don't sign it and just let it blow over.

 

[Q5?]

I have thought a while on the gen companies fight against the rep world.
I think they know the more they fight, the more publisity is generated about reps.
Then the more people look up reps on the internet.
Then the more people say to themselves, "Wow those reps look pretty damn good. And are a great value!!!"

"FAKE WATCHES FOR FAKE PEOPLE" .....HAAAAAA!! Tell that to the millions who buy "Fake" jewelry at Macys, Walmart or any other department store.

Thanks for reading(listining), I feel much better now.

 

[Drulee]

Always use EMS when ordering from China, Hong Kong, Thailand, etc. Never use DHL, FedEx or UPS not only is the risk much higher that it will be confiscated, but you will almost alway be charged extra duties and handling fees by them all. This is especially true for UPS and Canadian shipments.

 

[DonBrizzel]

Always use EMS when ordering from China, Hong Kong, Thailand, etc. Never use DHL, FedEx or UPS not only is the risk much higher that it will be confiscated, but you will almost alway be charged extra duties and handling fees by them all. This is especially true for UPS and Canadian shipments.

Is EMS a member of the regular mailing system like the US postal service? Or are they a shipping company like a FEDEX or UPS?

 

[Spiccato]

PecMan...you kill me!
You have the insight of a shaman and the
comedic timing of Mel Brooks.
Who writes your stuff? :mrgreen:

 

[daytona4me]

Hont should ship HK Post to UK, it is the best way to go. EMS is having problems to UK as well, it's hit and miss right now with them.. . HK Post is best way right now. Not sure why he used DHL .. ?

 

[PecMan]

PecMan...you kill me!
You have the insight of a shaman and the
comedic timing of Mel Brooks.
Who writes your stuff? :mrgreen:

im just a regular guy that cant afford gens :|

 

[Yannou]

Never signed anything...Did you receive the paper with a signature/receipt ?...If it's a standard courrier, you have never received it...that's all...

 

[Kemix]

Thanks for all your replies people! Hont is sorting me out with another watch, I am not going to sign the Rolex document judging by most of your opinions. :|

 

[coop]

Once an EMS package clears customs the USPS takes it.

 

[Whichwatch]

Sign nothing for them.
I believe there has been a change in the law recently in the UK requiring the rights holder to obtain a court order to detain or destroy any item that was allegedly counterfeit .
Before it was taken as read and the customs would just accept the right holders word this is now not the case if they don't obtain the court order the customs will have to release the item in 30 days.
I personally believe that Rolex will soon get fed up of having to go to court every time a fake shows up so i would just ignore the letter they can do nothing unless they obtain a court order.
That includes demanding money as compensation only the court can decide if you are to pay compensation or not,not Rolex or the lawyers working on commission for Rolex

I quite agree. I cannot believe that Rolex or any other manufacturer will go to the extent of actually seeking court action to order its destruction every time this happens. Once you sign the Rolex letter (which customs will be given a copy of you can be sure !) you might be opening yourself up to further action from customs. Having said that I thought it was legal to purchase homage watches as long as you dont then sell them. This is an unbelievably heavy handed approach.

But everyone is right, I ******* hate DHL too - they are a huge pain in the ass, even with legit consignments, and I have to deal with the morons every week.

 

[Whichwatch]

Hah, what a joke. This is silly, Rolex wasted more money sending that paper out to you than the watch is prolly worth.

I wouldn't sign that for nothing, make Rolex work and pay even more money to destroy a $200 watch.

If it were me, but I have a bad temper, I would go as far as to call Rolex and rub it in their face that I am not signing it and try to MAKE them take me to court, just for principal.

I like your style, but Im not sure that would be the right course of action, LOL. Rolex have that much cash they might do it out of spite ! You are right though, they bitch about the money they lose from the rep industry (which I think is rubbish - in the main people who only want to pay $100-200 for a rep are NOT otherwise going to be genuine $3000 watch buyers) and then they waste money on crap like this type of court action. PAH - they deserve to go down the tubes.